Bill Text: HI SB2215 | 2014 | Regular Session | Introduced

Hawaii Senate Bill 2215 (Prior Session Legislation)

Introduced

Bill Title: Good Samaritan Policies; Medical Amnesty; Controlled Substances

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2014-02-14 - Report adopted; Passed Second Reading and referred to JDL. [SB2215 Detail]

Download: Hawaii-2014-SB2215-Introduced.html

THE SENATE	S.B. NO.	2215
TWENTY-SEVENTH LEGISLATURE, 2014
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 seek medical attention during an emergency involving controlled substances.

The legislature further 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 additionally finds that overdoses nationwide more than doubled between 2000 and 2006. Nationally, overdoses have become the leading cause of injury death, surpassing motor vehicle accidents. Drug overdoses have increased greatly in Hawaii, becoming a leading mechanism of injury-related mortality over the 2007-2011 period, as described by death certificates. Drug poisonings accounted for approximately twenty per cent of all fatal injuries, surpassing deaths from motor vehicle crashes (approximately thirteen per cent), drownings (approximately eight per cent), and suffocations (approximately seven per cent). The number of drug poisonings in Hawaii has increased from eighty-three in 1999 to one hundred eighty-seven in 2011, with an annual average of one hundred sixty-three deaths over the 2007-2011 period.

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 during alcohol-related emergencies. Such policies are already in place at many colleges and universities across the United States and have been enacted as state law in seventeen states, including California, Colorado, Florida, New York, and Washington.

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.

Accordingly, the purpose of this Act is to provide limited immunity from liquor, controlled substance, and drug paraphernalia possession charges when a person calls for medical assistance during an alcohol or drug-related 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 emergencies; limited immunity. (a) A person shall not be arrested, charged, subject to civil forfeiture, or prosecuted and the alcohol or drug-related overdose shall not serve as the sole basis for revoking or modifying a person's supervision status for possession of liquor, a controlled substance, or drug paraphernalia under this chapter, chapter 281, or part IV of chapter 712 if:

(1) The person was a witness to an alcohol or drug-related overdose;

(2) The person reasonably believed that the alcohol or drug-related overdose would result in imminent threat to the health or life of the drug-related 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 arrested, charged, subject to civil forfeiture, or prosecuted and the alcohol or drug-related overdose shall not serve as the sole basis for revoking or modifying a person's supervision status for possession of liquor, a controlled substance, or drug paraphernalia under this chapter, chapter 281, or part IV of chapter 712 if:

(1) The person experiences an alcohol or drug-related overdose and is in need of medical assistance; and

(2) Evidence of the specific violation was gained as a result of the person's alcohol or drug-related overdose and the person's need for medical assistance.

(c) As used in this section, "alcohol or drug-related overdose" means an acute medical condition that is the result of the ingestion or use by an individual of alcohol, one or more controlled substances, or one or more controlled substances in combination with alcohol in quantities that are excessive for that individual that may result in death, disability, or serious injury. An individual's condition shall be deemed to be an "alcohol or drug-related overdose" if a reasonable person would believe the condition to be an alcohol or drug-related overdose that may result in death, disability, or serious injury."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Good Samaritan Policies; Medical Amnesty; Controlled Substances

Description:

Establishes limited immunity for individuals who seek medical assistance for victims of alcohol or drug-related overdoses or themselves during an alcohol or drug-related overdose emergency.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.