Bill Summary for S 154 (2015-2016)

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Bill: CLARIFYING THE GOOD SAMARITAN LAW.

Summary date: 

Apr 2 2015
S.L. 2015-94

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 154 (Public) Filed Tuesday, March 3, 2015
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.
Intro. by Bingham.

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Bill summary

Senate committee substitute makes the following changes to the 1st edition.

Amends GS 90-96.2 and GS 18B-302.2 to impose the additional requirement that the individual seeking immunity from criminal prosecution underGS 90-96.2 or GS 18B-302.2did not seek the medical assistance for the person experiencing adrug-related overdose during the course of the execution of an arrest warrant, search warrant, or other lawful search.

Amends GS 90-96.2(c1) and GS 18B-302.2(c) to prohibit arresting a person or revoking a person's pretrial release, probation, parole or post-release based on an offense for which that person is immune from prosecution under those provisions.

Amends GS 90-96.2(c2) and GS 18B-302.2(d) to provide immunity from civil liability to a law enforcement officer who, in good faith, arrests or charges a person who is subsequently found to be entitled to immunity under this section (deletes the immunity for prosecuting attorneys).

Amends the long title of the bill.