HP0486
LD 710
Session - 127th Maine Legislature
C "A", Filing Number H-237, Sponsored by
LR 1654
Item 2
Bill Tracking, Additional Documents Chamber Status

Amend the bill by adding after section 1 the following:

Sec. 2. 17-A MRSA §1111, sub-§4  is enacted to read:

4   It is an affirmative defense to prosecution under this section that:
A The evidence of possession was obtained as a result of the person's seeking, in good faith, medical assistance for someone experiencing a drug-related overdose; or
B The evidence of possession was obtained as a result of the person's seeking or obtaining medical assistance for a drug-related overdose the person is experiencing.

The assertion of an affirmative defense under this subsection is not grounds for suppression of evidence with respect to any crime.

Sec. 3. 17-A MRSA §1111-A, sub-§11  is enacted to read:

11   It is an affirmative defense to prosecution under this section that:
A The evidence of possession or use was obtained as a result of the person's seeking, in good faith, medical assistance for someone experiencing a drug-related overdose; or
B The evidence of possession or use was obtained as a result of the person's seeking or obtaining medical assistance for a drug-related overdose the person is experiencing.

The assertion of an affirmative defense under this subsection is not grounds for suppression of evidence with respect to any crime.

SUMMARY

This amendment is the majority report of the committee. This amendment broadens the Good Samaritan defense provided by the bill to individuals reporting a drug overdose to apply to illegal possession of hypodermic apparatuses and use of drug paraphernalia.


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