SENATE DOCKET, NO. 266        FILED ON: 1/18/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 111

The Commonwealth of Massachusetts

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PRESENTED BY:

Eileen M. Donoghue

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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 an alcohol-related overdose.

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PETITION OF:

SENATE DOCKET, NO. 266        FILED ON: 1/18/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 111

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 an 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, as appearing in the 2014 Official Edition, is hereby amended by inserting after section 34A the following section:

Section 34AA. Immunity from prosecution under Sections 34 or 34A for persons under 21 years of age seeking medical assistance for an alcohol-related overdose

(a) As used in this section, the following word shall, unless the context clearly requires otherwise, have the following meaning:-

“Alcohol-related overdose”, 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 21 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 21 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.