Measure would provide immunity if someone seeks help after witnessing overdose

PROVIDENCE, R.I. — Amid words of condolence for the lost son of one of their former colleagues, the Senate on Wednesday approved a bill to protect from criminal prosecution anyone who seeks medical help for someone overdosing on an illegal drug.

Conflicting versions of the legislation were left in limbo when the 2015 session came to an abrupt end in June. On July 1, the state's existing "Good Samaritan" law expired.

The newly introduced bill cleared the Senate on Wednesday afternoon, on the second day of the 2016 legislative session, with the sponsor — Senate Judiciary Committee Chairman Michael McCaffrey — saying the protections it provides could mean the difference between life and death to someone who has overdosed.

The vote was 35 to 1, with Sen. Frank Ciccone casting the only nay vote. He later explained it was out of concern for the free pass the law appears to give everyone at the scene of an overdose, including those responsible.

The legislation provides that anyone seeking medical assistance for a drug overdose “shall not be charged or prosecuted for any crime related to the possession of a controlled substance or drug paraphernalia, or the operation of a drug-involved premises, if the evidence for the charge was gained as a result of the seeking of medical assistance.”

The bill would not only reinstate the expired law, it would expand the immunity to someone at the scene who otherwise would be in danger of a probation and/or parole violation.

A version passed by the Senate last year would have extended the protection to anyone facing charges for the delivery or sale of a controlled substance. That provision, the source of much debate last year, was removed from this year's bill.

Present in the chamber for the vote was former Sen. Rhoda Perry, D-Providence, the lead sponsor of the original law, passed in 2012 with a three-year sunset provision.

On Dec. 7, The Journal published an obituary for Perry's 41-year-old son, Alexander C. Perry.

Running five days after his death, the obituary described him as a Rhode Island College graduate and self-employed painter who had "struggled with addiction for many years."

The former senator was greeted with hugs and condolences on her return to the State House to watch her former colleagues do their part to reinstate the overdose prevention law she championed when she was in office.

"As members of this esteemed body, we must use Alex's too early departure from this world to remind ourselves that addiction is not a crime. It is a disease," Sen. Gayle Goldin said.

Governor Raimondo issued this statement after the Senate vote: "I applaud the General Assembly for their action to encourage Rhode Islanders to call 911 in an overdose emergency."

"Drug overdose is the leading cause of accidental death in Rhode Island and touches every community in our state. ... Rhode Island's response to the overdose crisis must first and foremost be focused on saving lives,'' she said. "The Good Samaritan Overdose Prevention Act of 2016 is an important tool to combat this public health crisis.''

McCaffrey recalled former Sen. Perry's words when she shepherded the original law to passage.

"At the time, Senator Perry said, 'Ultimately, saving a life is much more important than an arrest or a lawsuit. This bill is about putting human lives first.' I couldn’t concur more," McCaffrey said.

He said the current legislation eliminates the sunset provision and leaves the issues related to delivery of an illegal substance to be addressed in separate legislation.

Senate leaders had placed the legislation on their calendar for immediate-consideration, bypassing the usual public hearing requirements.

The House has scheduled a hearing next Tuesday on a matching House version of the bill sponsored by Rep. Robert Craven. "The bill is not the same as was heard in committee last year, so this will give the public the opportunity to weigh in as part of the usual committee process," House spokesman Larry Berman said. He anticipated a committee vote the following week.

kgregg@providencejournal.com

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On Twitter: @KathyProjo