North Carolina § 90-96 - 2. Drug-related overdose treatment; limited immunity.

§ 90-96. 2. Drug-related overdose treatment; limited immunity.

As used in this section, "drug-related overdose" means an acute condition, including mania, hysteria, extreme physical illness, coma, or death resulting from the consumption or use of a controlled substance, or another substance with which a controlled substance was combined, and that a layperson would reasonably believe to be a drug overdose that requires medical assistance. Limited Immunity for Samaritan. - A person shall not be prosecuted for any of the offenses listed in subsection (c3) of this section if all of the following requirements and conditions are met: The person sought medical assistance for an individual experiencing a drug-related overdose by contacting the 911 system, a law enforcement officer, or emergency medical services personnel. The person acted in good faith when seeking medical assistance, upon a reasonable belief that he or she was the first to call for assistance. The person provided his or her own name to the 911 system or to a law enforcement officer upon arrival. The person did not seek the medical assistance during the course of the execution of an arrest warrant, search warrant, or other lawful search. The evidence for prosecution of the offenses listed in subsection (c3) of this section was obtained as a result of the person seeking medical assistance for the drug-related overdose. Limited Immunity for Overdose Victim. - The immunity described in subsection (b) of this section shall extend to the person who experienced the drug-related overdose if all of the requirements and conditions listed in subdivisions (1), (2), (4), and (5) of subsection (b) of this section are satisfied. Probation or Release. - A person shall not be subject to arrest or revocation of pretrial release, probation, parole, or post-release if the arrest or revocation is based on an offense for which the person is immune from prosecution under subsection (b) or (c) of this section. The arrest of a person for an offense for which subsection (b) or (c) of this section may provide the person with immunity will not itself be deemed to be a commission of a new criminal offense in violation of a condition of the person's pretrial release, condition of probation, or condition of parole or post-release. Civil Liability for Arrest or Charges. - In addition to any other applicable immunity or limitation on civil liability, a law enforcement officer who, acting in good faith, arrests or charges a person who is thereafter determined to be entitled to immunity under this section shall not be subject to civil liability for the arrest or filing of charges. Covered Offenses. - A person shall have limited immunity from prosecution under subsections (b) and (c) of this section for only the following offenses: A misdemeanor violation of G.S. 90-95(a)(3). A felony violation of G.S. 90-95(a)(3) for possession of less than one gram of cocaine. A felony violation of G.S. 90-95(a)(3) for possession of less than one gram of heroin. A violation of G.S. 90-113.22. Construction. - Nothing in this section shall be construed to do any of the following: Bar the admissibility of any evidence obtained in connection with the investigation and prosecution of (i) other crimes committed by a person who otherwise qualifies for limited immunity under this section or (ii) any crimes committed by a person who does not qualify for limited immunity under this section. Limit any seizure of evidence or contraband otherwise permitted by law. Limit or abridge the authority of a law enforcement officer to detain or take into custody a person in the course of an investigation of, or to effectuate an arrest for, any offense other than an offense listed in subsection (c3) of this section. Limit or abridge the authority of a probation officer to conduct drug testing of persons on pretrial release, probation, or parole. History (2013-23, s. 1; 2015-94, s. 1.) Pilot Program to Treat Opiate Overdose. - Session Laws 2017-57, s. 16.3A(a), (b), provides: "(a) Pilot Project. - The Department of Public Safety, in conjunction with the City of Wilmington, shall develop and implement a pilot project to establish a Quick Response Team (QRT) to address the needs of opiate and heroin overdose victims who are not getting follow-up treatment. The QRT shall be staffed by firefighters, police officers, medics, behavioral health specialists, and other law enforcement as determined by the Department of Public Safety and the City of Wilmington. The Department of Public Safety and the City of Wilmington shall work together to develop the policy and procedures for the QRT. In doing so, all of the following shall be considered: "(1) Increase engagement and treatment with family counseling and recovery groups. "(2) Provide follow-up care to survivable overdose incidents with police or medics and licensed counselors. "(3) Provide short-term and long-term support to overdose victims and families. "(4) Provide follow-up within three to five days after an initial incident. "(5) Create a fatality review panel to analyze and keep track of the deaths of those served by QRT. "(b) Report. - The Department of Public Safety and the City of Wilmington shall report on the results of the pilot project to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety by February 1, 2019." Editor's Note. - Session Laws 2015-94, s. 4, made the rewriting of subsections (b), (c), and (d), and addition of subsections (c1), (c2), and (c3), by Session Laws 2015-94, s. 1, applicable to offenses committed on or after August 1, 2015. Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium." Session Laws 2017-57, s. 39.6, is a severability clause. Effect of Amendments. - Session Laws 2015-94, s. 1, effective August 1, 2015, rewrote subsections (b), (c), and (d); and added subsection (c1), (c2), and (c3). For applicability, see editor's note.