A BILL TO BE ENTITLED
AN ACT clarifying the applicability of limited immunity for drug overdose victims.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 90‑96.2 reads as rewritten:
"§ 90‑96.2.  Drug‑related overdose treatment; limited immunity.
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(b)	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:
(1)	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.
(2)	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.
(3)	The person provided his or her own name to the 911 system or to a law enforcement officer upon arrival.
(4)	The person did not seek the medical assistance during the course of the execution of an arrest warrant, search warrant, or other lawful search.
(5)	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.
(c)	Limited Immunity for Overdose Victim. – The immunity described in subsection (b) of this section extends to the individual 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 by the person who sought medical assistance, including when that person is the same individual who experienced the drug‑related overdose.
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SECTION 2.  This act becomes effective December 1, 2019, and applies to offenses committed on or after that date.