HOUSE DOCKET, NO. 2783 FILED ON: 1/21/2011
HOUSE . . . . . . . . . . . . . . . No. 2256
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The Commonwealth of Massachusetts
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PRESENTED BY:
Alice Hanlon Peisch
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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 relating to controlled substances and medical treatment.
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PETITION OF:
Name: | District/Address: | Date Added: |
Alice Hanlon Peisch | 14th Norfolk | 1/21/2011 |
Linda Dorcena Forry | 12th Suffolk | 1/31/2011 |
David Paul Linsky | 5th Middlesex | 2/3/2011 |
Ruth B. Balser | 12th Middlesex | 2/3/2011 |
Alice K. Wolf | 25th Middlesex | 2/4/2011 |
Carl M. Sciortino, Jr. | 34th Middlesex | 2/4/2011 |
Denise Provost | 27th Middlesex | 2/4/2011 |
Ellen Story | 3rd Hampshire | 2/4/2011 |
HOUSE DOCKET, NO. 2783 FILED ON: 1/21/2011
HOUSE . . . . . . . . . . . . . . . No. 2256
By Ms. Peisch of Wellesley, a petition (accompanied by bill, House, No. 2256) of Alice Hanlon Peisch and others relative to prohibiting the prosecution of persons seeking medical assistance for the costs of drug-related overdoses. The Judiciary. |
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1653 OF 2009-2010.]
The Commonwealth of Massachusetts
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In the Year Two Thousand Eleven
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An Act relating to controlled substances and medical treatment.
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 the 2008 Official Edition, is hereby amended by inserting the following section:
Section 34A.
(a)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 section 34 if the evidence for the charge of possession of a controlled substance was gained as a result of the seeking of medical assistance.
(b)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 section 34 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.
(c)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 pursuant to the Controlled Substance Act.
(d)A person who, in good faith, seeks medical assistance for someone experiencing a drug-related overdose shall not be charged or prosecuted for being in possession of a controlled substance pursuant to the provisions of section 35 if the evidence for the charge of being in possession of a controlled substance was gained as a result of the seeking of medical assistance.
(e)A person who experiences a drug related overdose and is in need of medical assistance shall not be charged or prosecuted for being in possession of a controlled substance pursuant to section 35 if the evidence for the charge of being in possession of a controlled substance was gained as a result of the overdose and the need for medical assistance.
(f)Nothing contained herein shall prevent anyone from being charged with trafficking, distribution, and/or possession of a controlled substance with intent to distribute.