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Enrolled HB 369: Relating to restrictions on the criminal prosecution for certain offenses for a person who seeks medical assistance for a person experiencing a drug overdose.

00Enrolled HB 369 01 Relating to restrictions on the criminal prosecution for certain offenses for a person who seeks 02 medical assistance for a person experiencing a drug overdose. 03 _______________ 04 * Section 1. AS 11.71 is amended by adding a new section to read: 05 Sec. 11.71.311. Restriction on prosecution for certain persons in 06 connection with a drug overdose. (a) A person may not be prosecuted for a violation 07 of AS 11.71.030(a)(3), 11.71.040(a)(3) or (4), 11.71.050(a)(2), or 11.71.060(a)(1) or 08 (2) if that person 09 (1) sought, in good faith, medical or law enforcement assistance for 10 another person who the person reasonably believed was experiencing a drug overdose 11 and 12 (A) the evidence supporting the prosecution for an offense 13 under AS 11.71.030(a)(3), 11.71.040(a)(3) or (4), 11.71.050(a)(2), or 14 11.71.060(a)(1) or (2) was obtained or discovered as a result of the person

01 seeking medical or law enforcement assistance; 02 (B) the person remained at the scene with the other person until 03 medical or law enforcement assistance arrived; and 04 (C) the person cooperated with medical or law enforcement 05 personnel, including by providing identification; 06 (2) was experiencing a drug overdose and sought medical assistance, 07 and the evidence supporting a prosecution for an offense under AS 11.71.030(a)(3), 08 11.71.040(a)(3) or (4), 11.71.050(a)(2), or 11.71.060(a)(1) or (2) was obtained as a 09 result of the overdose and the need for medical assistance. 10 (b) In this section, "drug overdose" means a controlled-substance-induced 11 physiological event that results in a life-threatening emergency to the person who 12 ingested, inhaled, injected, or otherwise introduced the controlled substance into the 13 body. 14 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 APPLICABILITY. This Act applies to offenses occurring on or after the effective date 17 of this Act.