HOUSE DOCKET, NO. 633        FILED ON: 1/13/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 907

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

James R. Miceli

_________________

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.

_______________

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

 

Denise Provost

27th Middlesex

 

Timothy R. Whelan

1st Barnstable

 

Colleen M. Garry

36th Middlesex

 

Shaunna L. O'Connell

3rd Bristol

 

Kay Khan

11th Middlesex

 

Kevin J. Kuros

8th Worcester

 


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

 

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

 

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.