HOUSE DOCKET, NO. 1501        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1303

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

William C. Galvin

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act providing limited immunity from prosecution for a person who seeks to obtain medical assistance for a drug related overdose.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

William C. Galvin

6th Norfolk

1/20/2011

Patricia D. Jehlen

 

2/4/2011

James J. O'Day

14th Worcester

2/4/2011

Denise Provost

27th Middlesex

2/4/2011

Carl M. Sciortino, Jr.

34th Middlesex

1/28/2011


HOUSE DOCKET, NO. 1501        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1303

By Mr. Galvin of Canton, a petition (accompanied by bill, House, No. 1303) of William C. Galvin and others that persons receiving treatment for drug overdoses be granted limited immunity from prosecution for possession of controlled substances.  The Judiciary.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3992 OF 2009-2010.]

 

The Commonwealth of Massachusetts

 

_______________

In the Year Two Thousand Eleven

_______________

 

An Act providing limited immunity from prosecution for a person who seeks to obtain medical assistance for a drug related overdose.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 94C of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting, after section 41, the following new section:-

Section 41A.

A person who, in good faith, seeks medical assistance for someone experiencing a drug-related overdose shall not be charged or prosecuted for possession of a controlled substance pursuant to the provisions of this chapter, or any other General Law, if the evidence for the charge of possession of a controlled substance was gained as a result of the seeking of medical assistance

A person who experiences a drug-related overdose and is in need of medical assistance shall not be charged or prosecuted for possession of a controlled substance. pursuant to the provisions of this chapter, or any other General Law, if the evidence for the charge of possession of a controlled substance was gained as a result of the overdose and the need for medical assistance.

The act of seeking medical assistance for someone who is experiencing a drug-related overdose may be used as a mitigating factor in a criminal prosecution for a drug related offense.