SENATE BILL 47

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Richard C. Martinez

AN ACT

RELATING TO PUBLIC HEALTH; AMENDING A SECTION OF THE CONTROLLED SUBSTANCES ACT AND ENACTING A NEW SECTION OF CHAPTER 60, ARTICLE 7B NMSA 1978 TO PROVIDE FURTHER IMMUNITY TO PERSONS WHO SEEK MEDICAL ASSISTANCE IN CASES OF ALCOHOL OR DRUG OVERDOSE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 30-31-27.1 NMSA 1978 (being Laws 2007, Chapter 260, Section 1) is amended to read:

     "30-31-27.1. OVERDOSE PREVENTION--LIMITED IMMUNITY.--

          A. A person who, in good faith, seeks medical assistance for someone experiencing [a] an alcohol- or drug-related overdose shall not be arrested, charged [or], prosecuted or otherwise penalized, nor shall the property of the person be subject to civil forfeiture, for [possession of a controlled substance pursuant to] violating any of the following if the evidence for the alleged violation was gained as a result of the seeking of medical assistance:

                (1) violating the provisions of Section 30-31-23 or Subsection A of Section 30-31-25.1 NMSA 1978 [if the evidence for the charge of possession of a controlled substance was gained as a result of the seeking of medical assistance];

                (2) violating a restraining order; or

                (3) the violation of probation or parole.

          B. A person who experiences [a] an alcohol- or drug-related overdose and is in need of medical assistance shall not be arrested, charged [or], prosecuted or otherwise penalized, nor shall the property of the person be subject to civil forfeiture, for [possession of a controlled substance pursuant to] violating any of the following if the evidence for the alleged violation was gained as a result of the overdose and the need for seeking medical assistance:

                (1) violating the provisions of Section 30-31-23 or Subsection A of Section 30-31-25.1 NMSA 1978 [if the evidence for the charge of possession of a controlled substance was gained as a result of the overdose and the need for medical assistance];

                (2) violating a restraining order; or

                (3) the violation of probation or parole.

          C. The act of seeking medical assistance for someone who is experiencing [a] an alcohol- or drug-related overdose may be used as a mitigating factor in a criminal prosecution pursuant to the Controlled Substances Act for which immunity is not provided pursuant to this section.

          D. For the purposes of this section, "seeking medical assistance" means:

                (1) reporting an alcohol- or drug-related overdose or other medical emergency to law enforcement, the 911 system or another emergency dispatch system, a poison control center or a health care provider; or

                (2) assisting an individual who is reporting an alcohol- or drug-related overdose or providing care to an individual who is experiencing an alcohol- or drug-related overdose or other medical emergency while awaiting the arrival of a health care provider."

     SECTION 2. A new section of Chapter 60, Article 7B NMSA 1978 is enacted to read:

     "[NEW MATERIAL] SUBSTANCE-RELATED POISONING PREVENTION--LIMITED IMMUNITY.--

          A. A person who, in good faith, seeks medical assistance for someone experiencing an alcohol- or drug-related overdose shall not be arrested, charged, prosecuted or otherwise penalized, nor shall the property of the person be subject to civil forfeiture, for violating any of the following if the evidence for the alleged violation was gained as a result of the seeking of medical assistance:

                (1) violating the provisions of Section 60-7B-1 or 60-7B-9 NMSA 1978;

                (2) violating a restraining order; or

                (3) the violation of probation or parole.

          B. A person who experiences an alcohol- or drug-related overdose and is in need of medical assistance shall not be arrested, charged, prosecuted or otherwise penalized, nor shall the property of the person be subject to civil forfeiture, for violating any of the following if the evidence for the alleged violation was gained as a result of the overdose and the need for seeking of medical assistance:

                (1) violating the provisions of Section 60-7B-1 or 60-7B-9 NMSA 1978;

                (2) violating a restraining order; or

                (3) the violation of probation or parole.

          C. The act of seeking medical assistance for someone who is experiencing an alcohol- or drug-related overdose may be used as a mitigating factor in a criminal prosecution pursuant to the Liquor Control Act for which immunity is not provided pursuant to this section.

          D. For the purposes of this section, "seeking medical assistance" means:

                (1) reporting an alcohol- or drug-related overdose or other medical emergency to law enforcement, the 911 system or another emergency dispatch system, a poison control center or to a health care provider; or

                (2) assisting an individual who is reporting an alcohol- or drug-related overdose or providing care to an individual who is experiencing an alcohol- or drug-related overdose or other medical emergency while awaiting the arrival of a health care provider."

- 5 -