Senate Bill 215 Summary

• Law enforcement officers cannot take a person into custody solely for alcohol or controlled substance offenses if the person requested emergency medical assistance (or acted with someone who did) for an individual in need of medical help due to alcohol or drug use, provided certain conditions are met.

• A person qualifies for immunity from criminal prosecution for specified alcohol and drug offenses if they provided their full name, remained at the scene until emergency medical assistance arrived, and cooperated with medical personnel and law enforcement.

• Persons cannot sue law enforcement officers for the officer's compliance with or failure to comply with these custody prohibition requirements.

• For persons not eligible for full immunity, their arrest or prosecution can be considered a mitigating circumstance in sentencing if it was facilitated in part because they requested emergency medical assistance for someone in need.

• Effective date: July 1, 2014.