Louisiana § RS 14:403.10 - Drug-related overdoses; medical assistance; immunity from prosecution

§ RS 14:403.10. Drug-related overdoses; medical assistance; immunity from prosecution

            A.(1) A person acting in good faith who seeks medical assistance for an individual experiencing a drug-related overdose may not be charged, prosecuted, or penalized for possession or use of a controlled dangerous substance under the Uniform Controlled Dangerous Substances Law or of possession of drug paraphernalia as defined in R.S. 40:1021 if the evidence for such offenses was obtained as a result of the person's seeking medical assistance.

            (2) Any such person shall also not be subject to the following, if related to seeking medical assistance:

            (a) Sanctions for a violation of a condition of pretrial release, condition of probation, or condition of parole, related to the incident which required medical assistance as provided in Paragraph (1) of this Subsection.

            (b) Civil forfeiture of property, related to the incident which required medical assistance as provided in Paragraph (1) of this Subsection.

            B.(1) A person who experiences a drug-related overdose and is in need of medical assistance shall not be arrested, charged, prosecuted, or penalized for possession or use of a controlled dangerous substance under the Uniform Controlled Dangerous Substances Law or for possession of drug paraphernalia as defined in R.S. 40:1021 if the evidence for such offenses was obtained as a result of the overdose and the need for medical assistance.

            (2) Any such person shall not be subject to the following, if related to seeking medical assistance:

            (a) Sanctions for a violation of a condition of pretrial release, condition of probation, or condition of parole, related to the incident which required medical assistance as provided in Paragraph (1) of this Subsection.

            (b) Civil forfeiture of property, related to the incident which required medical assistance as provided in Paragraph (1) of this Subsection.

            C. Protection from prosecution in this Section may not be grounds for suppression of evidence in other criminal prosecutions.

            D. The act of providing or seeking first aid or other medical assistance for someone who is experiencing a drug overdose may be used as a mitigating factor in a criminal prosecution for which immunity provided by Subsection B of this Section is not provided.

            E. Nothing in this Section shall limit any seizure of evidence or contraband otherwise permitted by law.

            F. Nothing in this Section shall limit or abridge the authority of a law enforcement officer to detain or take into custody a person in the course of an investigation or to effectuate an arrest for any offense except as provided in Subsections A and B of this Section.

            G. Nothing in this Section shall limit the admissibility of any evidence in connection with the investigation or prosecution of a crime with regard to a defendant who does not qualify for the protections of Subsection A or B of this Section or with regard to other crimes committed by a person who otherwise qualifies for the protections of Subsection A or B of this Section.

            Acts 2014, No. 392, §1; Acts 2022, No. 225, §1.