Amendment ID: S2185-3-R1

Redraft Amendment 3

Lifeline Medical Amnesty for Persons Under 21

Messrs. Tarr, Fattman, O'Connor and Ross and Ms. Donoghue move to amend the bill to amend the bill by inserting after section 117 the following section:-

“SECTION 117A. Chapter 138 of the General Laws is hereby amended by inserting after section 34A the following section:-

Section 34A ½. (a) 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 for possession of alcohol under section 34C if the evidence for the charge of possession of alcohol was gained as a result of seeking medical assistance.

(b) 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 section 34C if the evidence for the charge of possession of alcohol was gained as a result of seeking medical assistance.

(c) 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.”.