Maine LD 710: An Act Providing a Good Samaritan Defense to Individuals Reporting a Drug Overdose

LD 710 (subjects: SUBSTANCE ABUSE , TREATMENT )

Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=710&PID=1456&snum=127


Sponsors | Actions | Bill Text & Amendments | Patterns of Support


Sponsors

Principal Sponsor: Rep. Mark Dion of Portland: (D – District 43) — e-mail | Twitter

8 Cosponsors:

Actions

Chamber

Action
3/5/2015 House Committee on Criminal Justice and Public Safety suggested and ordered printed.
The Bill was REFERRED to the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY.
Sent for concurrence. ORDERED SENT FORTHWITH.
3/10/2015 Senate On motion by Senator Rosen of Hancock, REFERRED to the Committee on Criminal Justice and Public Safety, in concurrence.
6/2/2015 House Reports READ.
Representative FOWLE of Vassalboro moved to ACCEPT the Majority Ought to Pass as Amended Report.
On further motion of the same Representative TABLED pending her motion to ACCEPT the Majority Ought to Pass as Amended Report.
Later today assigned.
6/2/2015 House Unfinished Business
6/3/2015 House Speaker laid before the House
Subsequently, the Majority Ought to Pass as Amended Report was ACCEPTED.
ROLL CALL NO. 148
(Yeas 88 – Nays 55 – Absent 8 – Excused 0)
The Bill was READ ONCE.
Committee Amendment “A” (H-237) 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-237).
Sent for concurrence. ORDERED SENT FORTHWITH.
6/4/2015 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-237) 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-237) , in concurrence. Ordered sent down forthwith.
6/8/2015 House PASSED TO BE ENACTED.
Sent for concurrence. ORDERED SENT FORTHWITH.
6/9/2015 Senate On motion by Senator CUSHING of Penobscot Tabled until Later in Today’s Session, pending ENACTMENT , in concurrence.
6/10/2015 Senate Taken from the table by the President ProTem
PASSED TO BE ENACTED , in concurrence.
Roll Call Ordered Roll Call # 193 19 Yeas – 15 Nays- 1 Excused – 0 Absent PREVAILED
6/22/2015 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. 344V
85 having voted in the affirmative and 59 in the negative, with 7 being absent, and accordingly it was the vote of the House that the Bill not become a law and the veto was sustained.
Placed in the Legislative Files. (DEAD)

Bill Text & Amendments

Important Note: The bill text below presents L.D. 710 as originally introduced. L.D. 710 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-237) .

An Act Providing a Good Samaritan Defense to Individuals Reporting a Drug Overdose

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

Sec. 1. 17-A MRSA 1107-A, sub- 6 is enacted to read:

6. It is an affirmative defense to prosecution under this section that:

A. The evidence of possession was obtained as a result of the person’s seeking, in good faith, medical assistance for someone experiencing a drug-related overdose; or
B. The evidence of possession was obtained as a result of the person’s seeking or obtaining medical assistance for a drug-related overdose the person is experiencing.

The assertion of an affirmative defense under this subsection is not grounds for suppression of evidence with respect to any crime.

SUMMARY

This bill creates an affirmative defense to prosecution for unlawful possession of a scheduled drug. The bill specifies that it is an affirmative defense to prosecution that the evidence of possession was obtained as a result of the person’s seeking, in good faith, medical assistance for someone experiencing a drug-related overdose or the evidence of possession was obtained as a result of the person’s seeking or obtaining medical assistance for a drug-related overdose the person is experiencing. The bill also specifies that the affirmative defense is not grounds for suppression of evidence with respect to any crime.

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.


This information about LD 710 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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