An Act To Provide a Minor with a Defense to Prosecution in a Situation That Involves Risk of Alcohol Overdose
Maine Legislature, Session 127, LD 0263
Committee Amendment CA_B_H143 (House)
Amends: 28-A MRSA §2051, 28-A MRSA §2087

COMMITTEE AMENDMENT" B" to H.P. 181, L.D. 263, Bill, "An Act To 
Provide a Minor with a Defense to Prosecution in a Situation That Involves Risk of 
Alcohol Overdose" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Provide a Minor with Immunity in a Situation That Involves Risk of 
Alcohol Overdose' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 28-A MRSA §2051, sub-§6 is enacted to read: 
6. Immunity. A minor is immune from prosecution under subsection 1 if in a 
situation that involved risk to the minor or to another person of overdose from the 
consumption of alcohol. including but not limited to extreme physical illness, decreased 
level of consciousness, respiratory depression, coma, mania or death from the 
consumption of alcohol: 
A. The minor in good faith sought medical or emergency treatment or assistance for 
the minor or the other person; or 
B. 
The minor was the person for whom medical or emergency treatment or 
assistance was sought and the evidence of the violation of this section is obtained as a 
result of a person contacting emergency medical services or law enforcement. 
This subsection does not provide a defense to a charge of operating a motor vehicle while 
under the influence of alcohol. 
Sec.2. 28-A MRSA §2087, sub-§3 is enacted to read: 
3. Immunity. A minor is immune from prosecution under subsection 1 if in a 
situation that involved risk to the minor or to another person of overdose from the 
consumption of alcohol. including but not limited to extreme physical illness, decreased 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'B "to H.P. 181, L.D. 263 
level of consciousness. respiratory depression. coma. mania or death from the 
consumption of alcohol: 
A. The minor in good faith sought medical or emergency treatment or assistance for 
the minor or the other person; or 
B. 
The minor was the person for whom medical or emergency treatment or 
assistance was sought and the evidence of the violation of this section is obtained as a 
result of a person contacting emergency medical services or law enforcement. 
This subsection does not provide a defense to a charge of operating a motor vehicle while 
under the influence of alcohol.' 
SU~y 
This amendment is the minority report of the committee and replaces the bill. The 
amendment provides a new title for the bill. The amendment provides immunity to a 
minor from prosecution under the alcoholic beverages laws applicable to minors when 
there is a risk of alcohol overdose. The bill proposes to provide a defense to prosecution 
for a minor when there is a risk of alcohol overdose. 
FISCAL ~0TF. PFQUIRED 
(Sf'-: ait:lch.:d) ..... 
COMMITTEE AMENDMENT 
Approved: 05/08115 
::wa~ 
LD263 
LR 268(03) 
An Act To Provide a Minor with a Defense to Prosecution in a Situation That Involves Risk of Alcohol 
Overdose 
Fiscal Note for Bill as Amended by Committee Amendment"B:' ( H- Jt./ J ) 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor savings - General Fund 
Minor revenue decrease - General Fund 
Correctional and Judicial Impact Statements 
Decreases the number of civil violations. 
A reduction in fines will decrease General Fund revenue by minor amounts. 
LR0268(03) - Fiscal Note - Page 1 of I