Bill Text: MA H3992 | 2009-2010 | 186th General Court | Introduced
Bill Title: That persons receiving treatment for drug overdoses be granted limited immunity from prosecution for possession of controlled substances
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-01-20 - Public Hearing date 7/14 at 12:00 PM in Gardner Auditorium [H3992 Detail]
Download: Massachusetts-2009-H3992-Introduced.html
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
William C. Galvin
_______________
To the
Honorable Senate and House of Representatives of the Commonwealth of
Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act providing limited immunity from prosecution for a person who seeks to obtain medical assistance for a drug related overdose.
_______________
PETITION OF:
Name: |
District/Address: |
William C. Galvin |
6th Norfolk |
The Commonwealth of
Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An Act providing limited immunity from prosecution for a person who
seeks to obtain medical assistance for a drug related overdose.
Be
it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 94C of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting, after section 41, the following new section:-
Section 41A.
(A) A person who, in good faith, seeks medical assistance for someone experiencing a drug-related overdose shall not be charged or prosecuted for possession of a controlled substance pursuant to the provisions of this chapter, or any other General Law, 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 a drug-related overdose and is in need of medical assistance shall not be charged or prosecuted for possession of a controlled substance. pursuant to the provisions of this chapter, or any other General Law, if the evidence for the charge of possession of a controlled substance was gained as a result of the overdose and the need for medical assistance.
(C) The act of seeking medical assistance for someone who is experiencing a drug-related overdose may be used as a mitigating factor in a criminal prosecution for a drug related offense.
<