Bill Text: NC S154 | 2015-2016 | Regular Session | Chaptered
Bill Title: Clarifying the Good Samaritan Law
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2015-06-19 - Ch. SL 2015-94 [S154 Detail]
Download: North_Carolina-2015-S154-Chaptered.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
SESSION LAW 2015-94
SENATE BILL 154
AN ACT to clarify the operation of the limited immunity from prosecution for certain drug‑ or alcohol‑related offenses committed by an individual experiencing a drug‑ or alcohol‑related overdose and an individual who seeks medical assistance for an individual experiencing a drug‑ or alcohol‑related overdose; to provide additional requirements and conditions that must be met before the limited immunity is established; to provide that a person shall not be subject to arrest or revocation of pretrial release, probation, parole, or post‑release if based upon an offense for which the person is immune from prosecution; to provide that a law enforcement officer shall not be subject to civil liability for arresting or charging a person entitled to immunity from prosecution if the law enforcement officer acted in good faith; to provide that a pharmacist may dispense an opioid antagonist upon receiving a prescription issued in accordance with G.S. 90‑106.2; and to provide that a pharmacist who dispenses an opioid antagonist in accordance with G.S. 90‑106.2 is immune from certain civil or criminal liability.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 90‑96.2 reads as rewritten:
"§ 90‑96.2. Drug‑related overdose treatment; limited immunity.
(a) As used in this section, "drug‑related overdose" means an acute condition, including mania, hysteria, extreme physical illness, coma, or death resulting from the consumption or use of a controlled substance, or another substance with which a controlled substance was combined, and that a layperson would reasonably believe to be a drug overdose that requires medical assistance.
(b) A person acting in
good faith who seeks medical assistance for an individual experiencing a drug‑related
overdose shall not be prosecuted for (i) a misdemeanor violation of G.S. 90‑95(a)(3),
(ii) a felony violation of G.S. 90‑95(a)(3) for possession of less
than one gram of cocaine, (iii) a felony violation of G.S. 90‑95(a)(3)
for possession of less than one gram of heroin, or (iv) a violation of G.S. 90‑113.22
if the evidence for prosecution under those sections was obtained as a result
of the person seeking medical assistance for the drug‑related overdose.Limited
Immunity for Samaritan. – A person shall not be prosecuted for any of the
offenses listed in subsection (c3) of this section if all of the following
requirements and conditions are met:
(1) The person sought medical assistance for an individual experiencing a drug‑related overdose by contacting the 911 system, a law enforcement officer, or emergency medical services personnel.
(2) The person acted in good faith when seeking medical assistance, upon a reasonable belief that he or she was the first to call for assistance.
(3) The person provided his or her own name to the 911 system or to a law enforcement officer upon arrival.
(4) The person did not seek the medical assistance during the course of the execution of an arrest warrant, search warrant, or other lawful search.
(5) The evidence for prosecution of the offenses listed in subsection (c3) of this section was obtained as a result of the person seeking medical assistance for the drug‑related overdose.
(c) A person who
experiences a drug‑related overdose and is in need of medical assistance
shall not be prosecuted for (i) a misdemeanor violation of G.S. 90‑95(a)(3),
(ii) a felony violation of G.S. 90‑95(a)(3) for possession of less
than one gram of cocaine, (iii) a felony violation of G.S. 90‑95(a)(3)
for possession of less than one gram of heroin, or (iv) a violation of G.S. 90‑113.22
if the evidence for prosecution under those sections was obtained as a result
of the drug‑related overdose and need for medical assistance.Limited
Immunity for Overdose Victim. – The immunity described in subsection (b) of
this section shall extend to the person who experienced the drug‑related
overdose if all of the requirements and conditions listed in subdivisions (1),
(2), (4), and (5) of subsection (b) of this section are satisfied.
(c1) Probation or Release. – A person shall not be subject to arrest or revocation of pretrial release, probation, parole, or post‑release if the arrest or revocation is based on an offense for which the person is immune from prosecution under subsection (b) or (c) of this section. The arrest of a person for an offense for which subsection (b) or (c) of this section may provide the person with immunity will not itself be deemed to be a commission of a new criminal offense in violation of a condition of the person's pretrial release, condition of probation, or condition of parole or post‑release.
(c2) Civil Liability for Arrest or Charges. – In addition to any other applicable immunity or limitation on civil liability, a law enforcement officer who, acting in good faith, arrests or charges a person who is thereafter determined to be entitled to immunity under this section shall not be subject to civil liability for the arrest or filing of charges.
(c3) Covered Offenses. – A person shall have limited immunity from prosecution under subsections (b) and (c) of this section for only the following offenses:
(1) A misdemeanor violation of G.S. 90‑95(a)(3).
(2) A felony violation of G.S. 90‑95(a)(3) for possession of less than one gram of cocaine.
(3) A felony violation of G.S. 90‑95(a)(3) for possession of less than one gram of heroin.
(4) A violation of G.S. 90‑113.22.
(d) Nothing Construction.
– Nothing in this section shall be construed to bar do any of the
following:
(1) Bar the
admissibility of any evidence obtained in connection with the investigation and
prosecution of (i) other crimes committed by a person who otherwise
qualifies for limited immunity under this section.section or (ii) any
crimes committed by a person who does not qualify for limited immunity under
this section.
(2) Limit any seizure of evidence or contraband otherwise permitted by law.
(3) Limit or abridge the authority of a law enforcement officer to detain or take into custody a person in the course of an investigation of, or to effectuate an arrest for, any offense other than an offense listed in subsection (c3) of this section.
(4) Limit or abridge the authority of a probation officer to conduct drug testing of persons on pretrial release, probation, or parole."
SECTION 2. G.S. 18B‑302.2 reads as rewritten:
"§ 18B‑302.2. Medical treatment; limited immunity.
(a) Limited
Immunity for Samaritan. – Notwithstanding any other provision of law, a
person under the age of 21 shall not be prosecuted for a violation of G.S. 18B‑302
for the possession or consumption of alcoholic beverages if law enforcement,
including campus safety police, became aware of the possession or consumption
of alcohol by the person solely because the person was seeking medical
assistance for another individual. This section shall apply if, when seeking
medical assistance on behalf of another, the person did all of the following:all
of the following requirements and conditions are met:
(1) The person sought medical assistance for an individual experiencing an alcohol‑related overdose by contacting the 911 system, a law enforcement officer, or emergency medical services personnel.
(1a) Acted The
person acted in good faith, faith when seeking medical
assistance, upon a reasonable belief that he or she was the first to call
for assistance.
(2) Used The
person provided his or her own name when contacting authorities.to
the 911 system or to a law enforcement officer upon arrival.
(3) Remained with
the individual needing medical assistance until help arrived.
(4) The person did not seek the medical assistance during the course of the execution of an arrest warrant, search warrant, or other lawful search.
(5) The evidence for prosecution of a violation of G.S. 18B‑302 for the possession or consumption of alcoholic beverages was obtained as a result of the person seeking medical assistance for the alcohol‑related overdose.
(b) Limited Immunity for Overdose Victim. – The immunity described in subsection (a) of this section shall extend to the person who needed medical assistance if the requirements in subdivisions (1), (1a), (4), and (5) of subsection (a) are satisfied.
(c) Probation or Release. – A person shall not be subject to arrest or revocation of pretrial release, probation, parole, or post‑release if the arrest or revocation is based on an offense for which the person is immune from prosecution under subsection (a) or (b) of this section. The arrest of a person for an offense for which subsection (a) or (b) of this section may provide the person with immunity will not itself be deemed to be a commission of a new criminal offense in violation of a condition of the person's pretrial release, condition of probation, or condition of parole or post‑release.
(d) Civil Liability for Arrest or Charges. – In addition to any other applicable immunity or limitation on civil liability, a law enforcement officer who, acting in good faith, arrests or charges a person who is thereafter determined to be entitled to immunity under this section shall not be subject to civil liability for the arrest or filing of charges."
SECTION 3. G.S. 90‑106.2 reads as rewritten:
"§ 90‑106.2. Treatment of overdose with opioid antagonist; immunity.
…
(b) A practitioner acting in good faith and exercising reasonable care may directly or by standing order prescribe an opioid antagonist to (i) a person at risk of experiencing an opiate‑related overdose or (ii) a family member, friend, or other person in a position to assist a person at risk of experiencing an opiate‑related overdose. As an indicator of good faith, the practitioner, prior to prescribing an opioid under this subsection, may require receipt of a written communication that provides a factual basis for a reasonable conclusion as to either of the following:
(1) The person seeking the opioid antagonist is at risk of experiencing an opiate‑related overdose.
(2) The person other than the person who is at risk of experiencing an opiate‑related overdose, and who is seeking the opioid antagonist, is in relation to the person at risk of experiencing an opiate‑related overdose:
a. A family member, friend, or other person.
b. In the position to assist a person at risk of experiencing an opiate‑related overdose.
(b1) A pharmacist may dispense an opioid antagonist to a person described in subsection (b) of this section pursuant to a prescription issued in accordance with subsection (b) of this section. For purposes of this section, the term "pharmacist" is as defined in G.S. 90‑85.3.
…
(d) All of the following individuals are immune from any civil or criminal liability for actions authorized by this section:
(1) Any practitioner who prescribes an opioid antagonist pursuant to subsection (b) of this section.
(2) Any pharmacist who dispenses an opioid antagonist pursuant to subsection (b1) of this section.
(2)(3) Any person
who administers an opioid antagonist pursuant to subsection (c) of this
section."
SECTION 4. This act becomes effective August 1, 2015, and applies to offenses committed on or after that date.
In the General Assembly read three times and ratified this the 10th day of June, 2015.
s/ Daniel J. Forest
President of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Pat McCrory
Governor
Approved 10:05 a.m. this 19th day of June, 2015
