Amendment #164 to H4860

relative to police use of epinephrine autoinjectors

Mr. Rogers of Norwood moves to amend the bill, as amended, by inserting the following new section:

SECTION XXXX:

Chapter 94C of the General Laws is hereby amended by inserting, after section 34A, the following section:-

Section 34B. (a) A police officer who, in good faith, seeks medical assistance for someone experiencing an anaphylactic reaction shall not be charged or prosecuted for possession of a controlled substance under sections 34 or 35 if the evidence for the charge of possession of a controlled substance was gained as a result of the seeking of medical assistance.

(b) A person who experiences an anaphylactic reaction 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 for possession of a controlled substance under said sections 34 or 35 if the evidence for the charge of possession of a controlled substance was gained as a result of the anaphylactic reaction and the need for medical assistance.

(c) The act of seeking medical assistance for someone who is experiencing an anaphylactic reaction may be used as a mitigating factor in a criminal prosecution under the Controlled Substance Act,1970 P.L. 91–513, 21 U.S.C. section 801, et seq.

(d) Nothing contained in this section shall prevent anyone from being charged with trafficking, distribution or possession of a controlled substance with intent to distribute.

(e) A police officer acting in good faith may receive an epinephrine autoinjector, possess an epinephrine autoinjector and administer an epinephrine autoinjector to an individual appearing to experience an anaphylactic reaction, and provided further that no police office shall be liable in a civil suit for damages as a result of any acts or omissions in providing or obtaining, or attempting to provide or obtain, such assistance unless such acts or omissions constitute willful, wanton or reckless conduct.

Additional co-sponsor(s) added to Amendment #164 to H4860

relative to police use of epinephrine autoinjectors