HOUSE DOCKET, NO. 633 FILED ON: 1/13/2017
HOUSE . . . . . . . . . . . . . . . No. 907
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The Commonwealth of Massachusetts
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PRESENTED BY:
James R. Miceli
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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 providing immunity for individuals under age 21 seeking medical assistance for alcohol-related overdose.
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PETITION OF:
Name: | District/Address: | Date Added: |
James R. Miceli | 19th Middlesex | 1/13/2017 |
District Attorney Marian Ryan | The Middlesex District Attorney's Office 15 Commonwealth Ave. Woburn, MA 01801 | 1/13/2017 |
Leonard Mirra | 2nd Essex |
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Denise Provost | 27th Middlesex |
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Timothy R. Whelan | 1st Barnstable |
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Colleen M. Garry | 36th Middlesex |
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Shaunna L. O'Connell | 3rd Bristol |
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Kay Khan | 11th Middlesex |
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Kevin J. Kuros | 8th Worcester |
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HOUSE DOCKET, NO. 633 FILED ON: 1/13/2017
HOUSE . . . . . . . . . . . . . . . No. 907
By Mr. Miceli of Wilmington, a petition (accompanied by bill, House, No. 907) of James R. Miceli and others relative to providing immunity for individuals under age 21 seeking medical assistance for alcohol-related overdoses. The Judiciary. |
The Commonwealth of Massachusetts
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In the One Hundred and Ninetieth General Court
(2017-2018)
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An Act providing immunity for individuals under age 21 seeking medical assistance for alcohol-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:
Chapter 138 of the General Laws is hereby amended by inserting after section 34A the following:
Section 34AA: Immunity from prosecution under Sections 34 or 34A for persons under twenty-one years of age seeking medical assistance for self or other experiencing alcohol-related overdose.
(a)For the purposes of this section, alcohol-related overdose means an acute condition, including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania, or death, resulting from the consumption or use of alcohol or that a layperson would reasonably believe to be resulting from the consumption or use of alcohol for which medical assistance is required.
(b)A person under twenty-one years of age who, in good faith, seeks medical assistance for someone experiencing an alcohol-related overdose shall not be charged or prosecuted under sections 34 or 34A if the evidence for the charge of purchase or possession of alcohol was gained as a result of the seeking of medical assistance.
(c)A person under twenty-one years of age who experiences an alcohol-related overdose and is in need of medical assistance and, in good faith, seeks such medical assistance, or is the subject of such a good faith request for medical assistance, shall not be charged or prosecuted under sections 34 or 34A if the evidence for the charge of purchase or possession of alcohol was gained as a result of the overdose and the need for medical assistance.