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.