SENATE DOCKET, NO. 1978        FILED ON: 1/20/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 967

The Commonwealth of Massachusetts

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PRESENTED BY:

Bruce E. Tarr

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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 to provide a lifeline medical amnesty for persons under age 21.

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PETITION OF:

SENATE DOCKET, NO. 1978        FILED ON: 1/20/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 967

The Commonwealth of Massachusetts

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

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An Act to provide a lifeline medical amnesty for persons under age 21.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 84C of the General Laws is hereby amended by inserting after section 34A the following section:-

Section 34B: Immunity from prosecution under for persons under age 21 seeking medical assistance for self or other experiencing alcohol-related overdose

Section 34B. (a) A person under age 21 who, in good faith, seeks medical assistance for someone experiencing an alcohol-related overdose shall not be charged or prosecuted for possession of alcohol under Section 34C of Chapter 138 if the evidence for the charge of possession of alcohol was gained as a result of the seeking of medical assistance; provided, the adherence to the conditions of subsection (c).

(b) A person under age 21 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 Section 34C of Chapter 138 if the evidence for the charge of possession of alcohol was gained as a result of the overdose seeking of medical assistance; provided, the adherence to the conditions of subsection (c).

(c) A law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that all of the following apply, (i) the person either requested medical assistance or acted in concert with another person who requested emergency medical assistance for an individual who reasonably appeared to be in need of medical assistance due to alcohol consumption; (ii) the person provided their full name and other relevant information requested by the law enforcement officer, and (iii) the person remained at the scene with the individual who reasonably appeared to be in need of medical assistance due to alcohol consumption until emergency medical assistance arrived and cooperated with emergency medical assistance personnel and law enforcement officers at the scene.

(d) Nothing in this section shall be construed to limit any seizure of evidence or contraband otherwise permitted by law. Nothing in this section shall be construed to limit or abridge the authority of a law enforcement officer to detain or take into custody a person in the course of an investigation or to effectuate an arrest for any offense.