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Bill > H2128


MA H2128

MA H2128
Relative to protective custody


summary

Introduced
01/20/2015
In Committee
01/20/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

Relative to protective custody for persons incapacitated by a drug overdose. Public Safety and Homeland Security.

AI Summary

This bill proposes to amend existing law to allow police officers or emergency technicians to place individuals incapacitated by a drug overdose into protective custody, even without their consent, and transport them to a police station or a treatment facility. The determination of an overdose would be based on the use of Narcan or a similar drug to revive the person. While in protective custody at a police station, individuals would have the right to make a phone call at their own expense and be informed of this right, and parents or guardians of minors would be notified. If treatment services are available at a facility, the person would be transferred there, but if not, they could be held at the police station for up to twelve hours or until evaluated by a medical professional and offered addiction resources. Police officers are authorized to use reasonable force and conduct searches for dangerous weapons if necessary for safety, and any valuables or dangerous items would be taken for safekeeping. Importantly, being placed in protective custody under this bill would not be considered an arrest or create a criminal record.

Committee Categories

Justice

Sponsors (1)

Last Action

Accompanied a study order, see H4611 (on 09/15/2016)

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