Maine § 17-A §1111-B Immunity from arrest, prosecution and revocation and termination proceedings when assistance has been requested for suspected drug-related overdose

Maine Statutes

§ 17-A §1111-B — Immunity from arrest, prosecution and revocation and termination proceedings when assistance has been requested for suspected drug-related overdose

Maine·Title 17-A MAINE CRIMINAL CODE·Part 2 SUBSTANTIVE OFFENSES·Ch. 45 DRUGS

When a medical professional or law enforcement officer has been dispatched to the location of a medical emergency in response to a call for assistance for a suspected drug-related overdose, the following provisions apply to any protected person at the location when the medical professional or the law enforcement officer arrives. The immunity provisions of subsections 2 and 3 apply for the duration of the response to the medical emergency and end when the medical professional or law enforcement officer leaves the location of the medical emergency.

1.Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

2.Immunity from arrest or prosecution. Except with regard to an excluded crime, a protected person is immune from ar

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When a medical professional or law enforcement officer has been dispatched to the location of a medical emergency in response to a call for assistance for a suspected drug-related overdose, the following provisions apply to any protected person at the location when the medical professional or the law enforcement officer arrives. The immunity provisions of subsections 2 and 3 apply for the duration of the response to the medical emergency and end when the medical professional or law enforcement officer leaves the location of the medical emergency.
1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Immunity from arrest or prosecution.
Except with regard to an excluded crime, a protected person is immune from arrest or prosecution for a violation of law if:
3.
Immunity from revocation or termination proceedings.
Except when the charge or conviction is for an excluded crime, a protected person is immune from revocation proceedings with regard to conditions of release as described in Title 15, chapter 105‑A, subchapter 5; probation as described in chapter 67, subchapter 1; administrative release as described in chapter 67, subchapter 2; or supervised community confinement as described in Title 34‑A, section 3036‑A and is immune from termination proceedings for deferred disposition violations as described in chapter 67, subchapter 4 or termination from community confinement monitoring as described in Title 30‑A, section 1659‑A, if:
4.
Motion to determine immunity.
A criminal defendant may move that the court prior to trial determine whether the defendant is immune from prosecution or revocation or termination proceedings pursuant to subsection 2 or 3. Once the defendant has filed a motion and has presented evidence to establish immunity, the prosecution has the burden of proving by clear and convincing evidence that the grounds for immunity do not apply to the defendant. The court may hear testimony and shall make factual and legal findings as necessary to determine immunity.

Maine § 17-A §1111-B (Immunity from arrest, prosecution and revocation and termination proceedings when assistance has been requested for suspected drug-related overdose) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

PL 2019, c. 137, §1 (NEW). PL 2019, c. 292, §1 (AMD). PL 2021, c. 299, Pt. C, §1 (AMD). PL 2021, c. 434, §8 (AMD). PL 2021, c. 724, §1 (RPR). PL 2021, c. 759, Pt. C, §1 (AMD). PL 2023, c. 161, §1 (AMD). PL 2023, c. 178, §1 (AMD). PL 2023, c. 316, §11 (AMD). PL 2023, c. 405, Pt. A, §34 (AMD). PL 2023, c. 507, §§1-4 (AMD).