Section 195.205

Title XII PUBLIC HEALTH AND WELFARE

Chapter 195

Effective - 28 Aug 2017   

  195.205.  Immunity from liability for seeking or obtaining medical assistance for a drug overdose, when — law enforcement to provide information and resources, when. — 1.  For purposes of this section, the following terms shall mean:

  (1)  "Drug or alcohol overdose", a condition including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania, or death which is the result of consumption or use of a controlled substance or alcohol or a substance with which the controlled substance or alcohol was combined, or that a person would reasonably believe to be a drug or alcohol overdose that requires medical assistance;

  (2)  "Medical assistance", includes, but is not limited to, reporting a drug or alcohol overdose or other medical emergency to law enforcement, the 911 system, a poison control center, or a medical provider; assisting someone so reporting; or providing care to someone who is experiencing a drug or alcohol overdose or other medical emergency while awaiting the arrival of medical assistance.

  2.  A person who, in good faith, seeks or obtains medical assistance for someone who is experiencing a drug or alcohol overdose or other medical emergency or a person experiencing a drug or alcohol overdose or other medical emergency who seeks medical assistance for himself or herself or is the subject of a good faith request shall not be arrested, charged, prosecuted, convicted, or have his or her property subject to civil forfeiture or otherwise be penalized for the following if the evidence for the arrest, charge, prosecution, conviction, seizure, or penalty was gained as a result of seeking or obtaining medical assistance:

  (1)  Committing a prohibited act under section^* 579.015, 579.074, 579.078, or 579.105;

  (2)  Committing a prohibited act under section^* 311.310, 311.320, or 311.325;

  (3)  Violating a restraining order; or

  (4)  Violating probation or parole.

  3.  (1)  This section shall not prohibit a police officer from arresting a person for an outstanding warrant under subsection 1 of section 221.510.

  (2)  This section shall not prohibit a person from being arrested, charged, or prosecuted based on an offense other than an offense under subsection 2 of this section, whether the offense arises from the same circumstances as the seeking of medical assistance.

  (3)  The protection of prosecution under this section for possession offenses shall not be grounds for suppression of evidence or dismissal in charges unrelated to this section.

  4.  Any police officer who is in contact with any person or persons in need of emergency medical assistance under this section shall provide appropriate information and resources for substance-related assistance.

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(L. 2017 S.B. 501)

*Word "sections" appears in original rolls.

(2021) Section was enacted as a new provision, and thus retroactive application was not barred to defendant under savings statute of section 1.160 in prosecution for unlawful possession of controlled substance or of drug paraphernalia..  State v. Vaughn, 648 S.W.3d 117 (Mo.App.E.D.).