Bill Status of HB2341 98th General Assembly
Short Description: ALCOHOL POISONING IMMUNITY
Rep. Naomi D. Jakobsson - Jay Hoffman - Kenneth Dunkin - Kelly M. Cassidy - Monique D. Davis, Luis Arroyo and Laura Fine
| 12/3/2014||House||Session Sine Die|
Statutes Amended In Order of Appearance
Synopsis As Introduced
Amends the Liquor Control Act of 1934. Provides that a person who, in good faith, seeks or obtains emergency medical assistance for someone experiencing alcohol poisoning shall not be charged or prosecuted for violation of the Act if (1) the evidence for the charge was acquired as a result of the person seeking or obtaining emergency medical assistance and (2) the individual remains at the scene of the event or medical facility until a law enforcement officer, medical provider, or emergency responder arrives. Provides that this immunity is not available to a parent seeking or obtaining emergency medical assistance for a minor experiencing alcohol poisoning after the parent served the minor alcohol in violation of the Act. Provides that a person under 21 years of age who is experiencing alcohol poisoning and is in need of medical assistance shall not be charged or prosecuted for violation of this Act if evidence for the charge was acquired as a result of the person seeking or obtaining emergency medical assistance. Provides that the limited immunity within the Act shall not be extended if law enforcement officers have reasonable suspicion or probable cause to detain, arrest, or search the person for criminal activity and the reasonable suspicion or probable cause is based on information obtained prior to or independent of the individual taking action to seek or obtain emergency medical assistance, and not obtained as a direct result of the action of seeking or obtaining emergency medical assistance. Effective immediately.
House Committee Amendment No. 1
Provides that there is no immunity for violation of the Act for members of organizations, other than the individual seeking or obtaining emergency medical assistance, or individuals engaged in hazing.