Bill Text: MA H3992 | 2009-2010 | 186th General Court | Introduced

Massachusetts House Bill 3992 (Prior Session Legislation)

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

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PRESENTED BY:

William C. Galvin

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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.

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PETITION OF:

Name:	District/Address:
William C. Galvin	6th Norfolk

The Commonwealth of Massachusetts

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In the Year Two Thousand and Nine

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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.

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