An Act To Strengthen Maine's Good Samaritan Laws Concerning Drug-related Medical Assistance
Maine Legislature, Session 130, LD 1862
Committee Amendment CA_A_S559 (Senate)
Amends: 17-A MRSA §1111-B

COMMITTEE AMENDMENT" A "to S.P. 661, L.D. 1862, "An Act To Strengthen 
Maine's Good Samaritan Laws Concerning Drug-related Medical Assistance" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'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434, §8, is repealed and the following enacted in its place: 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. Exemption from criminal liability for seeking medical assistance, rendering 
aid and administering naloxone hydrochloride for suspected drug-related 
medical emergency 
A person who in good faith seeks medical assistance for, renders aid to or administers 
naloxone hydrochloride to another person experiencing a suspected drug-related overdose 
or who is experiencing a drug-related overdose and is in need of medical assistance may 
not be arrested or prosecuted for a violation of section 1107-A, 1108 or 1111-A or a 
violation of probation as authorized by chapter 67, subchapter 1 if the grounds for arrest or 
prosecution are obtained as a result of the person's seeking medical assistance, rendering 
aid, administering naloxone hydrochloride or experiencing a drug-related overdose. For 
the purposes of this section, "rendering aid" includes, but is not limited to, giving first aid 
or looking after the person who is experiencing the overdose until medical help arrives. 
A criminal defendant may move that the court prior to trial determine whether the 
defendant is immune from prosecution pursuant to this section. The burden of proof is that 
of an affirmative defense as provided in section 101, subsection 2. The court may hear 
testimony and shall make factual and legal findings as necessary to determine immunity.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" fl" to S.P. 661, L.D. 1862 (:y S5'U 
SUMMARY 
This amendment, which is the majority report of the committee, replaces the bill. The 
amendment broadens the law that grants immunity from arrest and prosecution in the event 
of a drug overdose from its current scope of protecting the person who called for help and 
the person experiencing the overdose so that it will also protect a person rendering aid to 
the person who is experiencing the suspected overdose. The amendment also provides a 
procedure for the court to determine immunity pretrial and provides that the burden of proof 
of immunity is that of an affirmative defense. The amendment authorizes the court to hear 
testimony and requires the court to make factual and legal findings as necessary to 
determine immunity. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/10/22 ;:!;Pae 
LD 1862 
LR2476(03) 
An Act To Strengthen Maine's Good Samaritan Laws Concerning Drug-related Medical Assistance 
Fiscal Note for Bill as Amended by Committee Amendment '~'t&-SSi) 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Correctional and Judicial Impact Statements 
The additional workload associated with the minimal number of new cases filed in the court system does not require 
additional funding at this time. 
LR2476(03) - Fiscal Note - Page 1 of 1