SB 831 - This act establishes the Missouri Good Samaritan Law and provides for certain limited immunity from criminal prosecution. Under this act, a person shall not be charged or prosecuted for possession of a controlled substance or an imitation controlled substance under certain circumstances if, while acting in good faith, such person seeks or obtains emergency medical assistance for someone experiencing a controlled substance overdose. Such circumstances include if evidence of the possession charge was acquired as a result of the person seeking or obtaining emergency medical assistance and so long as the amount of the substance recovered is less than the amounts specified for the particular substance under the act.
The limited immunity from being charged or prosecuted under this act shall not apply if law enforcement has reasonable suspicion or probable cause to detain, arrest or search a person for criminal activity based on information obtained prior to or independent of the person taking action to seek or obtain emergency medical assistance and not obtained as a direct result of the action of seeking emergency medical assistance.
The fact that a defendant sought or obtained emergency medical assistance for an overdose for himself or herself or another shall be accorded weight in favor of withholding or minimizing a sentence of imprisonment for certain drug crimes specified under the act. However, if the offender's character, the nature and circumstances of the offense, and the public interest require a sentence of imprisonment, or where other provisions of the law mandate the imprisonment of the offender, the fact of seeking or obtaining emergency medical assistance shall be considered in mitigation of the length of the term imposed.
Nothing in this act is intended to interfere with or prevent the investigation, arrest, or prosecution of any person for the delivery or distribution of cannabis, methamphetamine, or other controlled substances, drug-induced murder, or any other crime.
This act is substantially similar to HB 1514 (2014).
ADRIANE CROUSE