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- 2025
69th Legislature 2025 HB0050.2
- 1 - Authorized Print Version – HB 50
1 HOUSE BILL NO. 50
2 INTRODUCED BY R. MARSHALL
3 BY REQUEST OF THE CHILDREN, FAMILIES, HEALTH AND HUMAN SERVICES INTERIM COMMITTEE
4
5 A BILL FOR AN ACT ENTITLED: “AN ACT PROVIDING PROTECTIONS TO PARENTS AND PREGNANT
6 WOMEN WITH SUBSTANCE USE DISORDER; REVISING THE HELP SAVE LIVES FROM OVERDOSE ACT;
7 AND AMENDING SECTION 50-32-609, MCA.”
8
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
10
11Section 1. Section 50-32-609, MCA, is amended to read:
12 "50-32-609. Good Samaritan and parental protections. (1) The provisions of 45-5-626, 45-9-102,
13 45-9-107, and 45-10-103 do not apply to:
14 (a) a person who, acting in good faith, seeks medical assistance for another person who is
15 experiencing an actual or reasonably perceived drug-related overdose if the evidence supporting an arrest,
16 charge, or prosecution was obtained as a result of the person's seeking medical assistance for another person;
17 or
18 (b) a person who experiences a drug-related overdose and is in need of medical assistance if the
19 evidence supporting an arrest, charge, or prosecution was obtained as a result of the drug-related overdose
20 and the need for medical assistance.
21 (2) The provisions of 45-9-102, 45-9-107, and 45-10-103 do not apply to:
22 (A) a pregnant woman seeking or receiving:
23 (a)(I) evaluation, treatment, or support services for a substance use disorder; or
24 (b)(II) prenatal health care; OR
25 (B)A WOMAN SEEKING POSTPARTUM HEALTH CARE UP TO 12 MONTHS AFTER THE DELIVERY OF HER CHILD.
26 (3) The provisions of 45-5-601(2)(a) do not apply to a person reporting a crime under 45-5-502 or
27 45-5-503.
28 (4) A person's pretrial release, probation, furlough, supervised release, or parole may not be
- 2025
69th Legislature 2025 HB0050.2
- 2 - Authorized Print Version – HB 50
1 revoked based on an incident for which the person would be immune from arrest, charge, or prosecution under
2 this section.
3 (5) A person's act of providing first aid or other medical assistance to a person who is experiencing
4 an actual or reasonably perceived drug-related overdose may be used as a mitigating factor in a criminal
5 prosecution for which immunity is not provided under this section.
6 (6) A parent's positive drug test may not be the sole factor used to:
7 (a) begin a child abuse and neglect investigation under Title 41, chapter 3, part 2;
8 (b) place a child in protective care pursuant to Title 41, chapter 3, part 3;
9 (c) initiate abuse and neglect proceedings as provided for in Title 41, chapter 3, part 4; or
10 (d) terminate parental rights as provided for in Title 41, chapter 3, part 6.
11 (6)(7) This section may not be construed to:
12 (a) bar the admissibility of evidence obtained in connection with the investigation and prosecution
13 of other crimes or violations committed by a person who otherwise qualified for limited immunity under this
14 section;
15 (b) limit, modify, or remove immunity from liability currently available to public entities, public
16 employees, or prosecutors or by law; or
17 (c) create a new cause of action or other source of criminal liability for a pregnant woman with a
18 substance use disorder who does not seek or receive evaluation, treatment, or support services for a substance
19 use disorder."
20 - END -