Bill Summary for H 250 (2023-2024)
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| View NCGA Bill Details | 2023-2024 Session |
AN ACT TO MODIFY THE OFFENSE OF DEATH BY DISTRIBUTION TO INCLUDE THE UNLAWFUL DELIVERY AND INGESTION OF CERTAIN CONTROLLED SUBSTANCES THAT PROXIMATELY CAUSES THE DEATH OF A PERSON; TO INCREASE THE PUNISHMENTS FOR A PERSON WHO COMMITS THE OFFENSE OF DEATH BY DISTRIBUTION; TO ADD POSSESSION OF LESS THAN ONE GRAM OF ANY CONTROLLED SUBSTANCE TO THE LIST OF OFFENSES FOR WHICH LIMITED IMMUNITY FROM PROSECUTION APPLIES FOR AN INDIVIDUAL WHO SEEKS MEDICAL ASSISTANCE; AND TO MAKE CERTAIN AUTOPSY LAW CHANGES.Intro. by Arp, K. Baker, Wray, Carson Smith.
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Bill summary
House committee substitute to the 1st edition adds the following new content.
Amends GS 90-96.2, expanding the limited immunity granted under the good Samaritan law for overdose victims and individuals that seek medical assistance for overdose victims, to now grant immunity from prosecution for felony possession of less than one gram of any controlled substance in violation of GS 90-95(a)(3) (current law narrows the scope of immunity to felony possession of less than one gram of cocaine or less than one gram of heroin). Maintains conditions that must be met for limited immunity to apply under subsection (b).
Amends GS 130A-389 to mandate an autopsy be conducted in any case where the district attorney or the investigating law enforcement agency asserts to the Chief Medical Examiner or the county medical examiner that probable cause exists that a violation of GS 14-18.4, defining the offense of death by distribution, has occurred.
Makes conforming changes to the act's titles.