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MO HB296
Bill
Status
1/23/2013
Primary Sponsor
Bryan Spencer
Click for details
AI Summary
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Establishes the Missouri Good Samaritan Law that provides limited immunity from prosecution for individuals who seek or obtain emergency medical assistance for someone experiencing a drug overdose.
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Persons seeking emergency medical assistance and overdose victims are protected from prosecution for controlled substance or imitation controlled substance possession if the evidence was acquired as a direct result of seeking help and the amount possessed is below specified thresholds.
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Sets possession thresholds for immunity eligibility: less than 3 grams for heroin, cocaine, morphine, and LSD; less than 6 grams for pentazocine, methaqualone, PCP, and ketamine; less than 40 grams for peyote, barbiturates, amphetamine, and imitation controlled substances.
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Excludes immunity protection if law enforcement had reasonable suspicion or probable cause to detain or arrest the person based on information obtained before or independent of the emergency assistance action.
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Requires courts to accord weight to seeking emergency medical assistance as a mitigating factor in sentencing for drug-related offenses and does not prevent investigation or prosecution for drug delivery, distribution, or other crimes.
Legislative Description
Establishes the Missouri Good Samaritan Law
Last Action
HCS Voted Do Pass (H)
4/23/2013