§ 35-7-1064 — Drug overdose; limited immunity from prosecution

Wyoming § 35-7-1064

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 6: IMITATION BUTTER AND CHEESE; OLEOMARGARINE
• Art. 10: CONTROLLED SUBSTANCES

Text

(a) A person who, in good faith, seeks medical assistance
for himself or another person is immune from criminal
prosecution for an offense listed in subsection (c) of this
section if:
(i) The person reasonably believes he or another
person is experiencing a drug overdose event;
(ii) The person provides a description of the actual
location of the drug overdose event;
(iii) The person remains at the scene of the drug
overdose event until a responding law enforcement officer or
emergency medical service provider arrives or the person remains
at the medical care facility where the person experiencing the
drug overdose event is located until a responding law
enforcement officer arrives;
(iv) The person cooperates with a responding law
enforcement officer, emergency medical service provider or
medical care provider, including by providing information about
the person experiencing the drug overdose event and the type of
substance that may have caused the drug overdose event; and
(v) The offense listed in subsection (c) of this
section arises from the same course of events as the drug
overdose event.
(b) The immunity from prosecution under subsection (a) of
this section shall extend to the person experiencing the drug
overdose event if all the conditions specified in subsection (a)
of this section are satisfied.
(c) The immunity from prosecution under subsection (a) of
this section shall apply to the following offenses:
(i) Possession of a controlled substance under W.S.
35-7-1031(c);
(ii) Use of a controlled substance under W.S. 35-7-
1039.
(d) A person experiencing a drug overdose event shall only
be eligible to receive immunity from prosecution under this
section not more than two (2) times in a twelve (12) month
period. The limitations under this subsection shall not apply to
the person who seeks medical assistance for himself or another
person in accordance with subsection (a) of this section. A
person experiencing a drug overdose event shall be eligible to
receive immunity for a second time in a twelve (12) month period
under this subsection only upon the person completing, after the
second qualifying drug overdose event, a drug treatment program
approved by the applicable district attorney. The district
attorney shall approve a drug treatment program consistent with
the results of a substance abuse assessment administered at the
expense of the person who experienced the drug overdose event.
(e) As used in this section:
(i) "Drug overdose event" means a condition,
including extreme physical illness, a decreased level of
consciousness or respiratory depression that a reasonable person
would believe requires medical assistance to address and correct
resulting from the consumption or use of a controlled substance
or another substance combined with a controlled substance;
(ii) "Good faith" does not include seeking medical
assistance or immunity under this section as a result of using a
controlled substance during the course of a law enforcement
agency's execution of a search warrant, arrest warrant or other
lawful search or arrest.
(f) Nothing in this section shall be interpreted to:
(i) Prohibit the criminal prosecution of a person for
an offense other than the offenses specified in subsection (c)
of this section;
(ii) Limit the authority of a law enforcement officer
to obtain or use evidence obtained from a report, recording or
other statement provided by a person seeking medical assistance
for himself or another person under this section to investigate
and prosecute an offense other than the offenses listed in
subsection (c) of this section.