Bill Text: MA S1843 | 2009-2010 | 186th General Court | Introduced
Bill Title: Reduce opioid overdoes deaths
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-04-05 - Reporting date extended to Friday, May 7, 2010 [S1843 Detail]
Download: Massachusetts-2009-S1843-Introduced.html
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Mr. Tolman
_______________
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 to reduce opioid overdose deaths.
_______________
PETITION OF:
|
Name: |
District/Address: |
|
Mr. Tolman |
Second Suffolk and Middlesex |
|
William N. Brownsberger |
24th Middlesex |
|
Alice K. Wolf |
25th Middlesex |
|
Ruth B. Balser |
12th Middlesex |
|
Richard T. Moore |
Worcester and Norfolk |
|
Timothy J. Toomey, Jr. |
26th Middlesex |
|
Anthony D. Galluccio |
Middlesex, Suffolk and Essex |
The Commonwealth of
Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An Act to reduce opioid overdose deaths.
Be
it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:
Chapter 112 of the General Laws, as appearing in the 2006 Official Edition, hereby amended by inserting after section 12CC the following section:
12DD: Notwithstanding any general or special law to the contrary,
Any person, who in good faith, seeks medical assistance for someone who is or there is reason to believe is experiencing a drug-related overdose shall not be charged or prosecuted for possession of a controlled substance, pursuant to the Controlled Substances Act, M.G.L c. 94C, if the evidence for the charge of or prosecution for possession of a controlled substance was obtained as a result of the seeking of medical assistance;
Any person who experiences or has reason to believe he or she is experiencing 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 Controlled Substances Act, M.G.L. c. 94C, if the evidence for the charge of or prosecution for possession of a controlled substance was obtained as a result of the seeking of medical assistance;
Nothing in this section shall prohibit a charge or prosecution for possession with intent to manufacture, distribute or dispense a controlled substance or the entry of a plea or verdict of guilty for possession of a controlled substance as a lesser-included offense of a complaint or indictment charging possession of a controlled substance with intent to manufacture, distribute, or dispense. The act of seeking medical assistance for someone who is or there is reason to believe is experiencing a drug-related overdose shall be admissible as evidence in a criminal prosecution pursuant to the Controlled Substances Act, M.G.L. c. 94C, if the evidence for the charge or prosecution was obtained as a result of the seeking of medical assistance.
