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Bill > H1303


MA H1303

MA H1303
Providing limited immunity from prosecution for a person who seeks to obtain medical assistance for a drug related overdose


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

187th General Court

Bill Summary

By Mr. Galvin of Canton, a petition of William C. Galvin and others that persons receiving treatment for drug overdoses be granted limited immunity from prosecution for possession of controlled substances. The Judiciary.

AI Summary

This bill proposes to amend Chapter 94C of the General Laws to create a new section that provides limited immunity from prosecution for individuals involved in drug overdose situations. Specifically, it states that a person who seeks medical help in good faith for someone experiencing a drug-related overdose will not be charged or prosecuted for possessing controlled substances if the evidence of possession was discovered because they sought that medical assistance. Furthermore, a person who is experiencing a drug-related overdose and requires medical help will also be protected from prosecution for possession of controlled substances if the evidence of possession arose from their overdose and need for medical attention. The bill also suggests that seeking medical assistance for an overdose can be considered a mitigating factor in any criminal prosecution for a drug-related offense. This aims to encourage people to seek help in overdose emergencies without fear of immediate arrest for drug possession.

Committee Categories

Justice

Sponsors (5)

Last Action

Accompanied a study order, see H4364 (on 07/31/2012)

bill text


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