CLARIFY LIMITED IMMUNITY/OVERDOSE VICTIMS.

View NCGA Bill Details2019-2020 Session
Senate Bill 106 (Public) Filed Thursday, February 21, 2019
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)
S 106

Bill Summaries:

  • Summary date: Mar 6 2019 - More information

    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.


  • Summary date: Feb 21 2019 - More information

    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.


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