APPROVED CHAPTER
MAY 3, 2022 724
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-TWO
_____
S.P. 661 - L.D. 1862
An Act To Strengthen Maine's Good Samaritan Laws Concerning Drug-
related Medical Assistance
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §1111-B, as amended by PL 2021, c. 299, Pt. C, §1 and c. 434,
§8, is repealed and the following enacted in its place:
§1111-B. Immunity from arrest, prosecution and revocation and termination
proceedings when assistance has been requested for suspected drug-related
overdose
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.
A. "Excluded crime" means a crime that does not qualify for immunity as described
under subsection 2 or 3. The following crimes are excluded crimes:
(1) An offense against a person as described in chapter 9;
(2) Sexual assault as described in chapter 11;
(3) Sexual exploitation of a minor as described in chapter 12;
(4) Kidnapping, criminal restraint and criminal forced labor as described in chapter
13;
(5) Robbery as described in section 651;
(6) Arson as described in section 802;
(7) Aggravated sex trafficking as described in section 852;
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 (8) Sex trafficking as described in section 853;
(9) Aggravated attempted murder as described in section 152-A;
(10) Abandonment of a child as described in section 553;
(11) Endangering the welfare of a child as described in section 554, subsection 1,
paragraph A;
(12) Unlawful transfer of a firearm other than a handgun to a minor as described
in section 554-A;
(13) Unlawful transfer of a handgun to a minor as described in section 554-B;
(14) Endangering the welfare of a dependent person as described in section 555,
subsection 1, paragraph A or B;
(15) Incest as described in section 556;
(16) Patronizing prostitution of a minor or person with mental disability as
described in section 855;
(17) Violation of a protection from harassment order issued pursuant to Title 5,
chapter 337-A, a protective order in crimes between family members issued
pursuant to Title 15, chapter 12-A or a protection from abuse order issued pursuant
to Title 19-A, chapter 101;
(18) A crime that is not listed in this paragraph that was committed against a person
who was in fact less than 18 years of age at the time that the crime was committed;
(19) Criminal conspiracy as described in section 151 to commit a crime listed in
subparagraphs (1) to (18);
(20) Criminal attempt as described in section 152 to commit a crime listed in
subparagraphs (1) to (18); and
(21) Criminal solicitation as described in section 153 to commit a crime listed in
subparagraphs (1) to (18).
B. "Protected person" means a person who in good faith calls for assistance for another
person experiencing a suspected drug-related overdose and any person rendering aid
at the location of the suspected drug-related overdose.
C. "Rendering aid" means performing any action that involves looking after a person
who is experiencing a suspected drug-related overdose while the person performing
the action is awaiting the arrival of a medical professional or law enforcement officer
to provide assistance. "Rendering aid" includes, but is not limited to, giving first aid or
administering or assisting in the administration of naloxone hydrochloride.
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:
A. The grounds for the arrest or prosecution are obtained as a result of a medical
professional's or law enforcement officer's responding to a request for medical
assistance; or
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 B. The identity of the protected person is learned or the protected person is identified
as a person subject to arrest or prosecution as a result of a medical professional's or law
enforcement officer's responding to a request for medical assistance.
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:
A. The grounds for the revocation or termination proceeding against the protected
person are obtained as a result of a medical professional's or law enforcement officer's
responding to a request for medical assistance; or
B. The identity of the protected person is learned or the protected person is identified
as a person subject to a revocation or termination proceeding as a result of a medical
professional's or law enforcement officer's responding to a request for medical
assistance.
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.
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Statutes affected:
Bill Text LD 1862, SP 661: 17-A.1111
Bill Text C-B (S-560): 17-A.1111
Bill Text ACTPUB , Chapter 724: 17-A.1111