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pa good samaritan law alcohol

By Jason Dunkle on G+. 6308. In the Fall of 2014, Pennsylvania amended its drug laws to extend "good Samaritan" protections to drug users. In the Fall of 2014, Pennsylvania amended its drug laws to extend "good Samaritan" protections to drug users. Limitations of the Good Samaritan Law The Safe Harbor protections are limited to Underage Drinking or Possession of Alcohol by a Minor charges under 18 Pa.C.S. Other alcohol-related criminal charges, such as a summary offense of Public Drunkenness or a misdemeanor offense of Furnishing Alcohol to Minor, can still be filed by the police. - Increase your productivity, customize your experience, and engage in information you care about. A few years ago, I had a client that had been engaged in underage drinking at Penn State with some friends, and one of the friends over-imbibed and needed medical assistance. Cumberland County Opiate Overdose Prevention, Individual must report incident to 9-1-1, law enforcement or an emergency official, Individual must give authorities identifying information, Individual must stay with the overdose patient until emergency assistance arrives, The law does NOT grant immunity to those involved in the delivery or distribution of drugs. The attorneys at the State College criminal defense firm of JD Law have successfully argued for dismissal of charges under the Safe Harbor law for numerous Penn State students charged with Underage Drinking. Copyright © 2017 JD Law Disclaimer | Privacy Policy | Google+. In the wake of the opioid epidemic, many state legislatures have added drug overdose provisions to existing Good Samaritan alcohol laws. Create an Account - Increase your productivity, customize your experience, and engage in information you care about. The Safe Harbor law states that the caller shall not be prosecuted if he/she can show: The Safe Harbor protections are limited to Underage Drinking or Possession of Alcohol by a Minor charges under 18 Pa.C.S. Now, the caller AND the person needing medical assistance are immune from prosecution IF certain conditions are met. This legislation provides immunity to drug users for certain drug crimes when they call for help for a person experiencing a drug overdose. Other alcohol-related criminal charges, such as a summary offense of Public Drunkenness or a misdemeanor offense of Furnishing Alcohol to Minor, can still be filed by the police. The new law fixes such unintended loopholes and will bring Pennsylvania among the 36 other states who have similar protections for good Samaritans. Contents: § 8331 Medical Immunity § 8331.2 AED Use Immunity § 8331.3 Criminal Victim Aid Immunity § 8332 Non-Medical Immunity § 8332.3 Volunteer Firefighter Immunity § 8332.4 Volunteer In Public Service Negligence Standard § 8334 Mass Immunization Project Immunity § 8338.1 Donated Vehicles or Equipment to … successfully argued for dismissal of charges under the Safe Harbor law, State College Corruption of Minors Lawyer, State College Endangering Welfare of a Child Lawyer, State College Pardon of Pennsylvania Conviction Lawyer, State College Terroristic Threats Attorney, Grading or Severity of Theft Charges in Pennsylvania, that law enforcement or police only became aware of the underage drinking violation because the caller contacted 911, campus safety, or some other police or emergency services personnel, he/she reasonably believed that he/she was the first person to seek medical assistance for a person to prevent death or serious injury, he/she provided his/her name to the 911 operator, police, or emergency personnel, he/she remained with the person needing medical assistance until emergency responders arrived. In general, these offer protection if care is made in good faith, and the "good Samaritan" is not impaired by drugs or alcohol. While the caller may not be charged with a summary offense of Underage Drinking, the immunity protection does not prevent the filing of other criminal charges. The above map identifies Good Samaritan laws that are specific to alcohol or alcohol/drugs. THE GOOD SAMARITAN AND RELATED ACTS . Posted in General,Penn State on January 12, 2015. The Good Samaritan Law is a law that protects civilians who help people they believe to be injured or otherwise in danger. A strong advocate for your rights and future. 6308. In the past, the person that called for medical assistance was often protected from prosecution, but the person that needed the medical assistance was not. If you or a loved have been charged with Underage Drinking or another criminal offense, you can get a FREE CONSULTATION by contacting JD Law at (814) 954-7622 or via email. It wisely did so to protect the life and health of young people. Variations exist between states, from not applying if the "good Samaritan" is the cause of the problem (New South Wales), to applying under all circumstances if the attempt is made in good faith (Victoria). For example, the Good Samaritan Law provides people with the freedom to act without having to fear the other person might sue them. 6308.1. State laws vary but most laws protect the victim and Good Samaritan from charges and/or prosecution which might follow an alcohol or drug-related overdose emergency where medical assistance was sought. Pennsylvania’s Good Samaritan or immunity from prosecution in Underage Drinking cases is called “Safe Harbor” and is found at 18 Pa.C.S.A. If the caller does not follow the immunity law requirements, then neither the caller NOR the person needing medical assistance is immune. This legislation provides immunity to drug users for certain drug crimes when they call for help for a person experiencing a drug overdose.

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