THE SENATE

S.B. NO.

394

TWENTY-SEVENTH LEGISLATURE, 2013

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO MEDICAL AMNESTY.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that Good Samaritan policies, also known as medical amnesty, are life-saving measures that are in the best interest of the public's health, safety, and welfare.  These policies enable people to make responsible decisions by shielding them from punishment when they seek medical attention during an emergency involving controlled substances.  The legislature finds that the threat of criminal punishment may often cause people to hesitate from taking necessary action in such emergency situations.  Time spent worrying about legal consequences delays the arrival of critically needed medical assistance.  Even a short delay can mean the difference between life and death.

     The legislature further finds that overdoses nationwide more than doubled between 2000 and 2006.  Nationally and in Hawaii, more overdose deaths are caused by prescription drugs than all illegal drugs combined.  Middle-aged Americans are the hardest hit by the overdose crisis.  Nationally, more people aged thirty-five to fifty-four died of drug overdose than in motor vehicle accidents.  Drug overdose is the second leading cause of injury-related deaths among young adults aged fifteen to thirty-four.  In Hawaii there were one hundred seventy-three overdose deaths in 2011.  The increase in unintentional drug poisonings has made this the third leading cause of fatal injuries among Hawaii residents over the last five years.  Over twenty years, unintentional drug overdoses have surpassed car crashes, homicides, drowning, and pedestrian fatalities as a leading cause of injury mortality.

     The legislature also finds that a study conducted at Cornell University, and recently published in the International Journal of Drug Policy, demonstrated that Good Samaritan policies are effective in ensuring that people receive help during alcohol-related emergencies.  Such policies are already in place at many colleges and universities across the United States and have been enacted as state law in ten states, including California, Colorado, Florida, New York, and Washington.

     The legislature further finds that, if criminal punishment is intended to deter drug abuse, it is clearly too late to deter such abuse when a person is already suffering from an overdose.  Good Samaritan policies should not be perceived as a "get out of jail free card" or a reward for illegal drug use.  Rather, they enable individuals to make potentially life-saving decisions promptly and without hesitation.

     The purpose of this Act is to provide limited immunity from drug and drug paraphernalia possession charges when a person calls for medical assistance during a drug-related overdose emergency.

     SECTION 2.  Chapter 329, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§329-    Overdose prevention; limited immunity.  (a)  A person shall not be charged, subject to civil forfeiture, or otherwise prosecuted for possession of a controlled substance or drug paraphernalia under this chapter, chapter 281, or sections 712-1241(a), 712-1242(a) and (b), 712-1243, 712-1244(a) and (b), 712-1245(a) and (b), 712-1246, 712-1246.5, 712-1247(a), (b), (e), and (g), and 712-1248(a) to (c) if:

     (1)  The person was a witness to a drug-related overdose;

     (2)  The person reasonably believed that the drug-related overdose would result in imminent threat to the health or life of the drug-related overdose victim;

     (3)  The person summoned medical assistance at the time of witnessing the event; and

     (4)  Evidence of the specific violation was gained solely as a result of the person's seeking medical assistance.

     (b)  A person shall not be charged, subject to civil forfeiture, or otherwise prosecuted for possession of a controlled substance or drug paraphernalia under this chapter, chapter 281, or sections 712-1241(a), 712-1242(a) and (b), 712-1243, 712-1244(a) and (b), 712-1245(a) and (b), 712-1246, 712-1246.5, 712-1247(a), (b), (e), and (g), and 712-1248(a) to (c) if:

     (1)  The person experiences a drug-related overdose and is in need of medical assistance; and

     (2)  Evidence of the specific violation was gained solely as a result of the person seeking medical assistance.

     (c)  This section shall not apply to a prosecution where the person who sought the medical assistance sold or distributed the drugs to the drug-related overdose victim.

     (d)  As used in this section, "drug-related overdose" means an acute medical condition that is the result of the ingestion or use by an individual of alcohol, one or more controlled substances, or one or more controlled substances in combination with alcohol in quantities that are excessive for that individual that may result in death, disability, or serious injury.  An individual's condition shall be deemed to be a "drug-related overdose" if a reasonable person would believe the condition to be a drug-related overdose that may result in death, disability, or serious injury."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2013.

 


 


 

Report Title:

Good Samaritan Policies; Medical Amnesty; Controlled Substances

 

Description:

Establishes limited immunity for individuals who seek medical assistance for victims of drug-related overdoses.  (SD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.