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DE SB116

Bill

Status

Passed

7/2/2013

Primary Sponsor

Catherine Cloutier

Click for details

Origin

Senate

147th General Assembly

AI Summary

  • Creates criminal immunity for persons experiencing an overdose or other life-threatening medical emergency and anyone seeking medical attention for them, provided they report in good faith to law enforcement, 911, poison control, or a medical provider and provide relevant medical information.

  • Immunity applies to drug possession offenses (controlled substances, marijuana, drug paraphernalia, noncontrolled prescription drugs), miscellaneous drug crimes, and underage drinking offenses under Title 4, sections 904(b), (c), (e), and (f).

  • Immunity does not extend to Class A, B, or C felonies, and does not prevent prosecution for other offenses or use of evidence obtained from the report to investigate crimes for which immunity was not granted.

  • Permits forfeiture of alcohol, substances, or paraphernalia under existing Delaware law despite immunity from criminal prosecution.

  • Takes effect 60 days after enactment and is officially cited as the Kristen L. Jackson & John M. Perkins, Jr. Act.

Legislative Description

An Act To Amend Title 16 Of The Delaware Code Relating To Seeking Help For An Alcohol Or Drug Overdose Or Other Life Threatening Medical Emergency

Last Action

Signed by Governor

7/2/2013

Committee Referrals

Health & Human Development6/19/2013
Health & Social Services6/6/2013

Full Bill Text

No bill text available