{
 "citation": "14:403.10",
 "heading": "Drug-related overdoses; medical assistance; immunity from prosecution",
 "doc_id": "919601",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=919601",
 "classification": "",
 "enacted_year": "2014",
 "last_amended_year": "2022",
 "penalties": [],
 "referenced_statutes": [
  "40:1021"
 ],
 "text": "RS 14:403.10\n\n\u00a7403.10. Drug-related overdoses; medical assistance; immunity from prosecution\n\nA.(1) A person acting in good faith who seeks medical assistance for an individual\nexperiencing a drug-related overdose may not be charged, prosecuted, or penalized for\npossession or use of a controlled dangerous substance under the Uniform Controlled\nDangerous Substances Law or of possession of drug paraphernalia as defined in R.S. 40:1021\nif the evidence for such offenses was obtained as a result of the person's seeking medical\nassistance.\n\n(2) Any such person shall also not be subject to the following, if related to seeking\nmedical assistance:\n\n(a) Sanctions for a violation of a condition of pretrial release, condition of probation,\nor condition of parole, related to the incident which required medical assistance as provided\nin Paragraph (1) of this Subsection.\n\n(b) Civil forfeiture of property, related to the incident which required medical\nassistance as provided in Paragraph (1) of this Subsection.\n\nB.(1) A person who experiences a drug-related overdose and is in need of medical\nassistance shall not be arrested, charged, prosecuted, or penalized for possession or use of\na controlled dangerous substance under the Uniform Controlled Dangerous Substances Law\nor for possession of drug paraphernalia as defined in R.S. 40:1021 if the evidence for such\noffenses was obtained as a result of the overdose and the need for medical assistance.\n\n(2) Any such person shall not be subject to the following, if related to seeking\nmedical assistance:\n\n(a) Sanctions for a violation of a condition of pretrial release, condition of probation,\nor condition of parole, related to the incident which required medical assistance as provided\nin Paragraph (1) of this Subsection.\n\n(b) Civil forfeiture of property, related to the incident which required medical\nassistance as provided in Paragraph (1) of this Subsection.\n\nC. Protection from prosecution in this Section may not be grounds for suppression\nof evidence in other criminal prosecutions.\n\nD. The act of providing or seeking first aid or other medical assistance for someone\nwho is experiencing a drug overdose may be used as a mitigating factor in a criminal\nprosecution for which immunity provided by Subsection B of this Section is not provided.\n\nE. Nothing in this Section shall limit any seizure of evidence or contraband otherwise\npermitted by law.\n\nF. Nothing in this Section shall limit or abridge the authority of a law enforcement\nofficer to detain or take into custody a person in the course of an investigation or to\neffectuate an arrest for any offense except as provided in Subsections A and B of this\nSection.\n\nG. Nothing in this Section shall limit the admissibility of any evidence in connection\nwith the investigation or prosecution of a crime with regard to a defendant who does not\nqualify for the protections of Subsection A or B of this Section or with regard to other crimes\ncommitted by a person who otherwise qualifies for the protections of Subsection A or B of\nthis Section.\n\nActs 2014, No. 392, \u00a71; Acts 2022, No. 225, \u00a71."
}