Immunity from liability for seeking or obtaining medical assistance for a drug overdose, when
If someone calls for help because they or another person is having a drug or alcohol overdose, that person cannot be arrested or charged for certain drug or alcohol crimes just because they made that call. This protection covers the person who called for help and the person who was overdosing. However, police can still arrest someone for other crimes or for an outstanding warrant, and this protection does not make any evidence go away in unrelated cases. Police officers who respond to these situations are also required to share information about where someone can get help for drug or alcohol problems.
195.205. for seeking or obtaining for a drug overdose, when — law to provide and resources, when. — 1. For purposes of this section, the following terms shall mean:
(1) "Drug or alcohol overdose", a condition including, but not limited to, extreme physical illness, decreased level of consciousness, , coma, mania, or death which is the result of consumption or use of a or alcohol or a substance with which the controlled substance or alcohol was combined, or that a person would reasonably believe to be a drug or alcohol overdose that requires medical assistance;
(2) "Medical assistance", includes, but is not limited to, reporting a drug or alcohol overdose or other medical emergency to law enforcement, the 911 system, a poison control center, or a medical ; assisting someone so reporting; or providing care to someone who is experiencing a drug or alcohol overdose or other medical emergency while awaiting the arrival of medical assistance.
2. A person who, , seeks or obtains medical assistance for someone who is experiencing a drug or alcohol overdose or other medical emergency or a person experiencing a drug or alcohol overdose or other medical emergency who seeks medical assistance for himself or herself or is the subject of a request shall not be ed, charged, , , or have his or her property subject to or otherwise be penalized for the following if the evidence for the arrest, charge, , , , or was gained as a result of seeking or obtaining medical assistance:
(1) Committing a prohibited act under section* 579.015, 579.074, 579.078, or 579.105;
(2) Committing a prohibited act under section* 311.310, 311.320, or 311.325;
(3) Violating a ; or
(4) Violating or .
3. (1) This section shall not prohibit a police officer from arresting a person for an under 1 of section 221.510.
(2) This section shall not prohibit a person from being arrested, charged, or prosecuted based on an other than an offense under subsection 2 of this section, whether the offense arises from the same circumstances as the seeking of medical assistance.
(3) The protection of prosecution under this section for possession offenses shall not be grounds for or dismissal in charges unrelated to this section.
4. Any police officer who is in contact with any person or persons in need of emergency medical assistance under this section shall provide information and resources for substance-related assistance.
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Source & history notes
(L. 2017 S.B. 501) *Word "sections" appears in original rolls. (2021) Section was enacted as a new provision, and thus retroactive application was not barred to defendant under savings statute of section 1.160 in prosecution for unlawful possession of controlled substance or of drug paraphernalia.. State v. Vaughn, 648 S.W.3d 117 (Mo.App.E.D.).
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