An Act To Strengthen Maine's Good Samaritan Laws Concerning Drug-related Medical Assistance
Maine Legislature, Session 130, LD 1862
Committee Amendment CA_B_S560 (Senate)
Amends: 17-A MRSA §1111-B

COMMITTEE AMENDMENT ".0 "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434, §8, is repealed and the following enacted in its place: 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. 
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 
11:. 
(5) Robbery as described in section 651: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"~ "to S.P. 661, L.D. 1862 ( S-Slo()) 
(6) Arson as described in section 802; 
(7) Aggravated sex trafficking as described in section 852; 
(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 present at the 
location of the suspected drug-related overdose when a medical professional or law 
enforcement officer arrives to provide assistance. 
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 
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. 
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COMMITTEE AMENDMENT "B" to S.P. 661, L.D. 1862 ( S-Sko; 
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 arrest, 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.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is the minority report of the committee, replaces the bill. The 
amendment repeals and replaces the Maine Revised Statutes, Title 17-A, section 1111-B. 
The amendment provides that when a medical professional or law enforcement officer has 
been dispatched to the location of a medical emergency in response to a suspected drug-
related overdose, any person who in good faith sought medical assistance for the medical 
emergency and any person present at the location of the medical emergency when the 
medical professional or law enforcement officer arrives to provide assistance is immune 
from arrest, prosecution and revocation and termination proceedings. The amendment 
provides a list of crimes that are not subject to immunity, including but not limited to sex 
crimes, crimes of violence and crimes against children. The amendment provides that 
immunity from revocation or termination proceedings regarding violations of conditions of 
release, administrative release, probation, supervised community confinement, deferred 
disposition and community confinement monitoring does not apply if the charge or 
conviction is an excluded crime. The amendment provides a motion procedure for the court 
determination of immunity prior to trial. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/10/22 feac:.. 
LD 1862 
LR2476(02) 
An Act To Strengthen Maine's Good Samaritan Laws Concerning Drug-related Medical Assistance 
Fiscal Note for Bill as Amended by Committee Amendment 'e;' (s-&~ 
Committee: Criminal Justice and Public Safety 
"'J 
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(02) - Fiscal Note - Page 1 of 1