Amendment #53 to H3944

Protection for Incapacitated Persons

Mr. Fernandes of Milford moves to amend the bill by inserting after section 17 the following sections:-

SECTION 17A. Section 3 of chapter 111B, as so appearing, is hereby amended by inserting after the words “or alcoholics”, in line 17, the following words:- ,including the emergency department of a medical center, clinic or hospital.

SECTION 17B. Said section 3 of chapter 111B, as so appearing, is hereby further amended by striking out, in line 25, the word “is” and inserting in place thereof the following words:- ,drugs or substance that causes the individual to become.

SECTION 17C. Section 8 of said chapter 111B, as so appearing, if hereby further amended by striking out, in lines 4, 10, 25 and 27, the word “intoxicated” and inserting in place thereof the following word:- incapacitated.

SECTION 17D. Section 8 of said chapter 111B, as so appearing, is hereby amended by striking out, in lines 13 through 23, inclusive, the words:- “Any person who is administered a breathalyzer test, under this section, shall be presumed not to be intoxicated if evidence from said test indicated that the percentage of alcohol in his blood is five one hundredths or less and shall be released from custody forthwith. If any person who is administered a breathalyzer test, under this section, and evidence from said test indicates that the percentage of alcohol in his blood is more than five one hundredths and is less than ten one hundredths there shall be no presumption made based solely on the breathalyzer test.  In such instance a reasonable test of coordination or speech coherency must be administered to determine if said person is intoxicated.“ and inserting in place thereof the words:- If evidence from said breathalyzer test indicates that the percentage of alcohol in his blood is less than ten one hundredths, a reasonable test of coordination or speech coherency must be administered to determine if said person is incapacitated.