Bill Summary for S 154 (2015-2016)
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| View NCGA Bill Details | 2015-2016 Session |
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
Amends GS 90-96.2, concerning drug-related overdose treatment and limited immunity, making technical and organizational changes to its definition section and including a new term, good faith, defined as not including seeking medical assistance during the course of the execution of an arrest warrant, search warrant, or other lawful search.
Provides four requirements for an individual to qualify for limited immunity when seeking medical help for an individual who is experiencing a drug-related overdose, including that he or she must have sought medical assistance by contacting the 911 system, a law enforcement officer, or emergency medical services personnel and that the person provided his or her own name to the 911 system or to the law enforcement officer. Further provides that the individual experiencing the drug-related overdose can also receive limited immunity if those specified requirements and conditions are satisfied.
Provides that individuals are not subject to any sanctions for any violation of pretrial release, probation, or parole if the sanction is based on the incident in which the individual received limited immunity.
Provides that individuals that act in good faith to arrest, detain, or prosecute an individual for the act for which they have received limited immunity is not subject to any civil liability.
Establishes that nothing in these provisions (1) bars the admissibility of evidence for the prosecution of crimes committed by a person that does not qualify for limited immunity, (2) limits the seizure of evidence or contraband, (3) limits or abridges the authority of a law enforcement officer to detain or take into custody a person in the course of an investigation or arrest for a non-covered offense, and (4) limits or abridges authority of a probation officer to conduct drug testing of any person on pretrial release, probation, or parole.
Amends GS 18B-302.2 clarifying the limited immunity allowed for individuals under the age of 21 for the possession or consumption of alcoholic beverages if all of the specified requirements and conditions are met, including that they must have sought medical assistance by contacting the 911 system, a law enforcement officer, or emergency medical services personnel and that the person provided his or her own name to the 911 system or to the law enforcement officer. Provides that the limited immunity extends to the overdose victim if those same specified requirements are met.
Provides that individuals are not subject to any sanctions for any violation of pretrial release, probation, or parole if the sanction is based on the incident in which the individual received limited immunity.
Provides that individuals that act in good faith to arrest, detain, or prosecute an individual for the act for which they have received limited immunity is not subject to any civil liability.
Amends GS 90-106.2 concerning the dispensing of an opioid antagonist, allowing a pharmacist to dispense the opioid antagonist to individuals described in GS 90-106.2(b) concerning overdoses. Provides that for the use of this section, pharmacist is as defined in GS 90-85.3 concerning overdoses. Provides that pharmacists that dispense opioid antagonists pursuant to these regulations are immune from any civil or criminal liability.
Makes technical and organizational changes.