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NC S458
Bill
AI Summary
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Repeals G.S. 90-96.2 and creates a new Good Samaritan law (G.S. 90-96.3) providing limited immunity for persons seeking or receiving medical assistance during overdoses.
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Protects "protected persons" (those who request assistance, are experiencing an overdose, or are at the scene) from arrest, charges, prosecution, or criminal penalties for covered crimes including drug possession, drug paraphernalia, and nonviolent misdemeanors or felonies.
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Immunity applies when arrest grounds or the protected person's identity is discovered because of a request for overdose medical assistance.
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Extends immunity to violations of restraining orders, protective orders, pretrial release, probation, parole, or post-release supervision conditions when discovered through overdose assistance requests.
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Shields law enforcement officers acting in good faith from civil liability for arrests or charges later determined to be covered by immunity, and allows courts to consider overdose assistance circumstances as mitigating factors in prosecutions not covered by immunity.
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Becomes effective October 1, 2023, and applies to acts or omissions on or after that date.
Legislative Description
Good Samaritan Law
Controlled Substances; Crimes; Health Services; Pharmaceuticals; Public; Liability
Last Action
Ref To Com On Rules and Operations of the Senate
4/3/2023