Senate committee substitute makes the following changes to the 1st edition.
Deletes the proposed changes to GS 90-96.2(c), which extends the limited immunity for samaritans in subsection (b) to overdose victims. Instead, deletes and replaces the existing language of subsection (c). Now specifically prohibits prosecution of the person who experienced the drug-related overdose for any offenses listed in GS 90-96.2(c3) so long as the evidence for prosecution of those offenses was obtained as a result of any person seeking medical assistance for the drug-related overdose. The offenses listed in GS 90-96.2(c3) include misdemeanor possession of a controlled substance, felony possession of less than one gram of cocaine, felony possession of less than one gram of heroin in violation of GS 90-95(a)(3), and misdemeanor possession of drug paraphernalia in violation of GS 90-113.22. Maintains the effective date of the act, making the changes applicable to offenses committed on or after December 1, 2019.
CLARIFY LIMITED IMMUNITY/OVERDOSE VICTIMS.
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View NCGA Bill Details | 2019-2020 Session |
AN ACT CLARIFYING THE APPLICABILITY OF LIMITED IMMUNITY FOR DRUG OVERDOSE VICTIMS.Intro. by J. Jackson, J. Davis, Britt.
Status: Re-ref to the Com on Judiciary, if favorable, Rules, Calendar, and Operations of the House (House action) (Jun 6 2019)
Bill History:
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Thu, 21 Feb 2019 Senate: Filed
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Mon, 25 Feb 2019 Senate: Passed 1st Reading
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Mon, 25 Feb 2019 Senate: Ref To Com On Rules and Operations of the Senate
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Tue, 26 Feb 2019 Senate: Withdrawn From Com
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Wed, 6 Mar 2019 Senate: Reptd Fav Com Substitute
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Wed, 6 Mar 2019 Senate: Reptd Fav Com Substitute
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Wed, 6 Mar 2019 Senate: Com Substitute Adopted
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Wed, 6 Mar 2019 Senate: Com Substitute Adopted
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Wed, 6 Mar 2019 Senate: Re-ref Com On Rules and Operations of the Senate
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Wed, 6 Mar 2019 Senate: Re-ref Com On Rules and Operations of the Senate
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Thu, 7 Mar 2019 Senate: Reptd Fav
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Mon, 11 Mar 2019 Senate: Passed 2nd Reading
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Mon, 11 Mar 2019 Senate: Passed 3rd Reading
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Tue, 12 Mar 2019 Senate: Regular Message Sent To House
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Tue, 12 Mar 2019 House: Regular Message Received From Senate
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Wed, 13 Mar 2019 House: Passed 1st Reading
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Thu, 6 Jun 2019 House: Withdrawn From Com
S 106
Bill Summaries:
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Bill S 106 (2019-2020)Summary date: Mar 6 2019 - View Summary
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Bill S 106 (2019-2020)Summary date: Feb 21 2019 - View Summary
Amends GS 90-96.2(c), which provides overdose victims with a limited immunity from prosecution for possession of a controlled substance or possession of drug paraphernalia. Amends the immunity to clarify that it applies to the individual who experienced the overdose if all of the specified requirements for good samaritan immunity are met by the person who sought medical assistance, including when the person is the one who experienced the overdose. Applies to offenses committed on or after December 1, 2019.
View: All Summaries for Bill