Bill Text: HI HB532 | 2010 | Regular Session | Introduced
Bill Title: Good Samaritan Policies; Medical Amnesty
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB532 Detail]
Download: Hawaii-2010-HB532-Introduced.html
Report Title:
Good Samaritan Policies; Medical Amnesty
Description:
Establishes limited immunity for individuals who seek medical assistance for victims of drug overdoses.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
532 |
|
TWENTY-FIFTH LEGISLATURE, 2009 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to MEDICAL AMNESTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Good Samaritan policies, also known as medical amnesty, are life-saving measures that are in the best interest of the public's health, safety, and welfare. These policies enable people to make responsible decisions by shielding them from punishment when they call for medical help during an emergency involving controlled substances. The Legislature finds that the threat of criminal punishment may often cause people to hesitate from taking necessary action in such emergency situations. Time spent worrying about legal consequences delays the arrival of critically needed medical assistance. Even a short delay can mean the difference between life and death.
The legislature also finds that a study conducted at Cornell University, and recently published in the International Journal of Drug Policy, demonstrated that Good Samaritan policies are effective in ensuring that people receive help when they are in trouble during an apparent drug overdose. Such policies are already in place at nearly one hundred colleges and universities across the United States and have been enacted as state law in New Mexico. Several other states are currently considering similar legislation.
The legislature further finds that, if criminal punishment is intended to deter drug abuse, it is clearly too late to deter such abuse when a person is already suffering from an overdose. Good Samaritan policies should not be perceived as a "get out of jail free card" or a reward for illegal drug use. Rather, they enable individuals to make potentially life-saving decisions promptly and without hesitation.
The purpose of this Act is to provide limited immunity from drug possession charges when a person calls for medical assistance during a drug overdose emergency.
SECTION 2. Chapter 329, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§329- Overdose prevention; limited immunity. (a) A person shall not be charged, subject to civil forfeiture, or otherwise prosecuted for possession of a controlled substance under this chapter or part IV of chapter 712 if:
(1) The person was a witness to a drug overdose;
(2) The person reasonably believed that the overdose would result in imminent threat to the health or life of the overdose victim;
(3) The person summoned medical assistance at the time of witnessing the event; and
(4) Evidence of the specific violation was gained as a result of the person's seeking medical assistance.
(b) A person shall not be charged, subject to civil forfeiture, or otherwise prosecuted for possession of a controlled substance under this chapter or part IV of chapter 712 if:
(1) The person experiences a drug overdose and is in need of medical assistance; and
(2) Evidence of the specific violation was gained as a result of the person's overdose and the person's need for medical assistance.
(c) This section shall not apply to a prosecution where the person who sought the medical assistance sold the drugs to the victim."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2009.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
