Immunity for certain alcohol and drug offenses.

Authors: Senator Mark Stoops


Prohibits a law enforcement officer from taking a person into custody for certain controlled substance offenses if the officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that: (1) the officer has contact with the person because the person requested emergency medical assistance, or acted in concert with another person who requested emergency medical assistance, for an individual who reasonably appeared in need of medical assistance due to alcohol consumption or the use of a controlled substance; and (2) the person meets other requirements. Specifies that a person may not bring an action against a law enforcement officer based on the officer's compliance with or failure to comply with this prohibition. Provides that a person meeting these conditions is immune from criminal prosecution for certain alcohol offenses and offenses relating to controlled substances, and provides a mitigating circumstance for the sentencing of persons to whom the immunity does not apply if the person's arrest or prosecution was facilitated in part because the person requested emergency medical assistance for an individual in need of medical assistance due to the use of alcohol or a controlled substance.