HP0181, LD 263, item 1, An Act To Provide a Minor with a Defense to Prosecution in a Situation That Involves Risk of Alcohol Overdose

An Act To Provide a Minor with a Defense to Prosecution in a Situation That Involves Risk of Alcohol Overdose

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 28-A MRSA §2051, sub-§6 is enacted to read:

6. Defense. It is a defense to prosecution under subsection 1 that a minor in a situation that involved risk to the minor or to another person of overdose from the consumption of alcohol, including but not limited to extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania or death from the consumption of alcohol, in good faith sought medical or emergency treatment or assistance for the minor or the other person or that the minor was the person for whom medical or emergency treatment or assistance was sought and the evidence of the violation of this section is obtained as a result of the minor contacting emergency medical services or law enforcement. This subsection does not provide a defense to a charge of operating a motor vehicle while under the influence of alcohol.

Sec. 2. 28-A MRSA §2087, sub-§3 is enacted to read:

3. Defense. It is a defense to prosecution under subsection 1 that a minor in a situation that involved risk to the minor or to another person of overdose from the consumption of alcohol, including but not limited to extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania or death from the consumption of alcohol, in good faith sought medical or emergency treatment or assistance for the minor or the other person or that the minor was the person for whom medical or emergency treatment or assistance was sought and the evidence of the violation of this section is obtained as a result of the minor contacting emergency medical services or law enforcement. This subsection does not provide a defense to a charge of operating a motor vehicle while under the influence of alcohol.

SUMMARY

This bill provides a defense to prosecution for a crime related to the consumption of alcohol by a person under 21 years of age or refusal to provide proper identification for a minor who, in a situation that involved risk to the minor or another person of overdose from the consumption of alcohol, in good faith sought medical or emergency treatment or assistance for the minor or the other person or that the minor was the person for whom treatment or assistance was sought and the evidence of the crime is obtained as a result of the minor contacting emergency medical services or law enforcement. This bill does not provide a defense to a charge of operating a motor vehicle while under the influence of alcohol.

HP0181 LD 263	Session - 127th Maine Legislature		LR 268 Item 1
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