Maine LD 263: An Act To Provide a Minor with a Defense to Prosecution in a Situation That Involves Risk of Alcohol Overdose

LD 263 (subjects: EMERGENCY MEDICAL SERVICES , SYSTEM )

Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=263&PID=1456&snum=127


Sponsors | Actions | Bill Text & Amendments | Patterns of Support | In The News


Sponsors

Principal Sponsor: Rep. Joyce Maker of Calais: (R – District 140) — e-mail

9 Cosponsors:

Actions

Chamber

Action
2/5/2015 House Committee on Judiciary suggested and ordered printed.
The Bill was REFERRED to the Committee on JUDICIARY.
Sent for concurrence. ORDERED SENT FORTHWITH.
2/10/2015 Senate On motion by Senator BURNS of Washington Tabled until Later in Today’s Session, pending REFERENCE , in concurrence.
Unfinished Business
2/12/2015 Senate Taken from the table by the President
On motion by Senator Rosen of Hancock REFERRED to the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY , in NON-CONCURRENCE.
Ordered sent down forthwith for concurrence.
2/24/2015 House On motion of Representative GIDEON of Freeport, TABLED pending FURTHER CONSIDERATION.
Later today assigned.
2/24/2015 House Unfinished Business
2/26/2015 House Unfinished Business
3/3/2015 House Speaker laid before the House
Subsequently, the House RECEDED and CONCURRED to REFERENCE to the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY.
ORDERED SENT FORTHWITH.
5/19/2015 House Reports READ.
On motion of Representative FOWLE of Vassalboro, the Majority Ought to Pass as Amended Report was ACCEPTED.
The Bill was READ ONCE.
Committee Amendment “A” (H-142) was READ and ADOPTED.
Under suspension of the rules, the Bill was given its SECOND READING without REFERENCE to the Committee on Bills in the Second Reading.
The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment “A” (H-142).
Sent for concurrence. ORDERED SENT FORTHWITH.
5/20/2015 Senate Reports READ.
On motion by Senator ROSEN of Hancock the Majority Ought to Pass as Amended Report ACCEPTED, in concurrence.
READ ONCE.
Committee Amendment “A” (H-142) READ and ADOPTED, in concurrence.
Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment “A” (H-142) , in concurrence.
5/26/2015 House PASSED TO BE ENACTED.
Sent for concurrence. ORDERED SENT FORTHWITH.
5/27/2015 Senate PASSED TO BE ENACTED, in concurrence.
6/9/2015 House This Bill, having been returned by the Governor, together with objections to the same pursuant to Article IV, Part Third, Section 2 of the Constitution of the State of Maine, after reconsideration, the House proceeded to vote on the question: “Shall this Bill become a law notwithstanding the objections of the Governor?”
ROLL CALL NO. 182V
124 having voted in the affirmative and 23 in the negative, with 4 being absent, and accordingly it was the vote of the House that the Bill become a law notwithstanding the objections of the Governor, since two-thirds of the members of the House so voted.
Sent for concurrence. ORDERED SENT FORTHWITH.
6/10/2015 Senate LD 263 In Senate, June 10, 2015, this Bill, having been returned by the Governor, together with objections to the same pursuant to the provisions of the Constitution of the State of Maine, after reconsideration, the Senate proceeded to vote on the question: “Shall this Bill become a law notwithstanding the objections of the Governor?” 26 IN FAVOR and 9 AGAINST, accordingly it was the vote of the Senate that the Bill become law and the VETO was OVERRIDDEN.

Bill Text & Amendments

Important Note: The bill text below presents L.D. 263 as originally introduced. L.D. 263 was changed by the legislature through amendment. To understand the impact of this legislation in proper context, be sure to read adopted amendment text, available here: C-A (H-142) .

An Act To Provide a Minor with a Defense to Prosecution in a Situation That Involves Risk of Alcohol Overdose

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 28-A MRSA 2051, sub- 6 is enacted to read:

6. Defense. It is a defense to prosecution under subsection 1 that a minor in a situation that involved risk to the minor or to another person of overdose from the consumption of alcohol, including but not limited to extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania or death from the consumption of alcohol, in good faith sought medical or emergency treatment or assistance for the minor or the other person or that the minor was the person for whom medical or emergency treatment or assistance was sought and the evidence of the violation of this section is obtained as a result of the minor contacting emergency medical services or law enforcement. This subsection does not provide a defense to a charge of operating a motor vehicle while under the influence of alcohol.

Sec. 2. 28-A MRSA 2087, sub- 3 is enacted to read:

3. Defense. It is a defense to prosecution under subsection 1 that a minor in a situation that involved risk to the minor or to another person of overdose from the consumption of alcohol, including but not limited to extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania or death from the consumption of alcohol, in good faith sought medical or emergency treatment or assistance for the minor or the other person or that the minor was the person for whom medical or emergency treatment or assistance was sought and the evidence of the violation of this section is obtained as a result of the minor contacting emergency medical services or law enforcement. This subsection does not provide a defense to a charge of operating a motor vehicle while under the influence of alcohol.

SUMMARY

This bill provides a defense to prosecution for a crime related to the consumption of alcohol by a person under 21 years of age or refusal to provide proper identification for a minor who, in a situation that involved risk to the minor or another person of overdose from the consumption of alcohol, in good faith sought medical or emergency treatment or assistance for the minor or the other person or that the minor was the person for whom treatment or assistance was sought and the evidence of the crime is obtained as a result of the minor contacting emergency medical services or law enforcement. This bill does not provide a defense to a charge of operating a motor vehicle while under the influence of alcohol.

Patterns of Support

Pattern of Cosponsorship by Region:

Pattern of Cosponsorship by Gender:

Pattern of Cosponsorship by Party:

Pattern of Cosponsorship by Campaign Finance Classification:

Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.


In The News…

Recent news stories featuring LD 263:


This information about LD 263 was last updated on 2016-05-12.
The Open Maine Politics website is in a beta release and results should not be taken as definitive. Please visit the official website of the Maine State Legislature for entirely verifiable information.

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