“Good Samaritan Emergency Response Act” Gets Final Legislative OK

Earlier this week, legislation sponsored by Assembly Democrats Connie Wagner, Upendra Chivukula, Angel Fuentes, Thomas Giblin and Reed Gusciora received final approval by the Senate and now awaits Gov. Chris Christie's signature.

The "Good Samaritan Emergency Response Act" (A-578/S-851) is aimed at saving lives in New Jersey by providing timely medical attention to the victims of drug overdoses.

"Deaths from drug overdoses are the leading cause of accidental death in New Jersey, but many of these deaths could be prevented if medical assistance were sought immediately," said Wagner (D-Bergen). "Many times, the fear of arrest and prosecution prevents people from seeking appropriate assistance in the face of a medical emergency involving drug use."

The bill is intended to protect witnesses and victims of a drug overdose from being subject to an arrest, prosecution or conviction for:

• obtaining, possessing, using, or being under the influence of a controlled dangerous substance; inhaling the fumes of any toxic chemical; the use of or possessing any prescription drugs; possession of a controlled dangerous substance or controlled substance analog by fraud; possessing a controlled dangerous substance that was lawfully prescribed or dispensed; possession with the intent to use drug paraphernalia, or possessing a hypodermic syringe, needle, or other instrument;
• any penalties for violating a restraining order;
• any violation of a condition of parole;
• the revocation of the conditions of probation; or
• the forfeiture of any personal property other than drugs or drug paraphernalia involved.

"This measure is intended to encourage individuals witnessing a potential drug overdose to seek medical attention for the victim by insulating them from criminal prosecution," said Chivukula (D-Middlesex/Somerset).

The bill also specifies that anyone seeking medical assistance for someone experiencing a drug overdose would then be considered a mitigating factor by the courts in a prosecution for other drug offenses and that the act of seeking medical assistance is an affirmative defense against a prosecution for strict liability for a drug-induced death.

The measure, which was approved by the Assembly in May, was approved 21-10 by the full Senate on Monday.