Bill Summaries: H852 GOOD SAMARITAN REVISIONS/IMMUNITY.

Tracking:
  • Summary date: May 5 2021 - More information

    Amends GS 90-96.2 as follows. Expands the limited immunity granted in the statute to now provide that a person cannot be arrested, charged, or prosecuted for any violation of GS 90-95(a)(3)(possession of a controlled substance) or GS 90-113.22 (possession of drug paraphernalia) if the five specified requirements and conditions are met (previously provided immunity from prosecutions for misdemeanor violations and felony violations of possession of less than one gram of cocaine or heroin, or a violation of GS 90-113.22). Revises the requirements and conditions to now include that the person sought or assisted in seeking medical assistance (was sought only) for an individual experiencing a drug-related overdose by contacting the previously specified authorities or campus security services. Makes conforming changes. Specifies that this immunity extends to the person who experienced the drug-related overdose regardless of whether the person is the subject of another person's request for medical assistance or whether that person requested medical assistance for him or herself, if the five requirements and conditions are met (previously did not specify if immunity is dependent on the identity of the requester). Makes language gender neutral.

    Makes similar changes to GS 18B-302.2 as follows. Expands the limited immunity granted in the statute to persons under 21 to now provide that such person cannot be arrested, charged, or prosecuted for any violation of GS 18B-302 for possession or consumption of alcoholic beverages if the five specified requirements and conditions are met (was limited to prosecution). Revises the requirements and conditions to now include that the person sought or assisted in seeking medical assistance (was sought only) for an individual experiencing an alcohol-related overdose by contacting the previously specified authorities or campus security services. Makes conforming changes. Specifies that this immunity extends to the person who experienced the alcohol-related overdose regardless of whether the person is the subject of another person's request for medical assistance or whether that person requested medical assistance for him or herself, if the five requirements and conditions are met (previously did not specify if immunity is dependent on the identity of the requester). Makes language gender neutral.

    Effective October 1, 2021. 


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