Good Samaritan Law/Immunity.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 346

Short Title: Good Samaritan Law/Immunity. (Public)
Sponsors: Senators Sawrey, Lazzara, and Jones (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 20, 2025
*S346-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO PROVIDE LI MITED IMMUNITY FOR C ERTAIN ACTIONS TAKEN BY 2
PERSONS SEEKING MEDI CAL ASSISTANCE FOR D RUG- AND 3
ALCOHOL-RELATED OVERDOSES AND TO BROADEN LIMITED IMMUNITY FOR 4
CERTAIN COVERED OFFENSES. 5
The General Assembly of North Carolina enacts: 6
SECTION 1.(a) G.S. 90-96.2 reads as rewritten: 7
"§ 90-96.2. Drug-related overdose treatment; limited immunity. 8
(a) As used in this section, "drug-related overdose" means an acute condition, including 9
mania, hysteria, extreme physical illness, coma, or death resulting from the consumption or use 10
of a controlled substance, or another substance with which a controlled substance was combined, 11
and that a layperson would reasonably believe to be a drug overdose that requires medical 12
assistance. 13
(b) Limited Immunity for Samaritan. – A person shall not be arrested, charged, or 14
prosecuted for any of the offenses listed in subsection (c3) of this section if all of the following 15
requirements and conditions are met: 16
(1) The person sought medical assistance or assisted in seeking medical assistance 17
for an individual experiencing a drug-related overdose by contacting the 911 18
system, campus security services, a law enforcement officer, or emergency 19
medical services personnel. 20
(2) The person acted in go od faith when seeking medical assistance or when 21
assisting a person in seeking medical assistance, upon a reasonable belief that 22
he or she the person was the first to call for assistance. 23
(3) The person provided his or her own name to the 911 system or to a law 24
enforcement officer upon arrival. 25
(4) The person did not seek the medical assistance or assist in seeking the medical 26
assistance during the course of the execution of an arrest warrant, search 27
warrant, or other lawful search. 28
(5) The evidence for prosecution of the offenses listed in subsection (c3) of this 29
section was obtained as a result of the person seeking medical assistance or 30
assisting in seeking medical assistance for the drug-related overdose. 31
(c) Limited Immunity for Overdose Victim. – The immunity described in subsection (b) 32
of this section shall extend to the person who experienced the drug -related overdose overdose, 33
whether that person is the subject of another person 's request for medical assistance or whether 34
that person requested medical assistance for himself or herself, if all of the requirements and 35
conditions listed in subdivisions (1), (2), (4), and (5) of subsection (b) of this section are satisfied. 36
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 346-First Edition
(c1) Probation or Release. – A person shall not be subject to arrest or revocation of pretrial 1
release, probation, parole, or post -release if the arrest or revocation is based on an offense for 2
which the person is immune from prosecution under subsection (b) or (c) of this section. The 3
arrest of a person for an offense for which subsection (b) or (c) of this section may provide the 4
person with immunity will not itself be deemed to be a commission of a new criminal offense in 5
violation of a condition of the person's pretrial release, condition of pro bation, or condition of 6
parole or post-release. 7
(c2) Civil Liability for Arrest or Charges. – In addition to any other applicable immunity 8
or limitation on civil liability, a law enforcement officer who, acting in good faith, arrests or 9
charges a person who is thereafter determined to be entitled to immunity under this section shall 10
not be subject to civil liability for the arrest or filing of charges. 11
(c3) Covered Offenses. – A person shall have limited immunity from prosecution under 12
subsections (b) and (c) of this section for only the following offenses: 13
(1) A misdemeanor violation of G.S. 90-95(a)(3). 14
(2) A felony violation of G.S. 90-95(a)(3) for possession of less than one gram of 15
any controlled substance. 16
(3) Repealed by Session Laws 2023 -123, s. 3, e ffective December 1, 2023, and 17
applicable to offenses committed on or after that date. 18
(4) A violation of G.S. 90-113.22. 19
(d) Construction. – Nothing in this section shall be construed to do any of the following: 20
(1) Bar the admissibility of any evidence o btained in connection with the 21
investigation and prosecution of (i) other crimes committed by a person who 22
otherwise qualifies for limited immunity under this section or (ii) any crimes 23
committed by a person who does not qualify for limited immunity under this 24
section. 25
(2) Limit any seizure of evidence or contraband otherwise permitted by law. 26
(3) Limit or abridge the authority of a law enforcement officer to detain or take 27
into custody a person in the course of an investigation of, or to effectuate an 28
arrest for, any offense other than an offense listed in subsection (c3) of this 29
section. 30
(4) Limit or abridge the authority of a probation officer to conduct drug testing of 31
persons on pretrial release, probation, or parole." 32
SECTION 1.(b) G.S. 18B-302.2 reads as rewritten: 33
"§ 18B-302.2. Medical treatment; limited immunity. 34
(a) Limited Immunity for Samaritan. – Notwithstanding any other provision of law, a 35
person under the age of 21 shall not be arrested, charged, or prosecuted for a violation of 36
G.S. 18B-302 for the possession or consumption of alcoholic beverages if all of the following 37
requirements and conditions are met: 38
(1) The person sought medical assistance or assisted in seeking medical assistance 39
for an individual experiencing an alcohol -related overdose by contacting the 40
911 system, a law enforcement officer, campus security services, or 41
emergency medical services personnel. 42
(1a) The person acted in good faith when seeking medical or when assisting a 43
person in seeking medical assistance, upon a reasonable belief that he or she 44
the person was the first to call for assistance. 45
(2) The person provided his or her own name to the 911 system or to a law 46
enforcement officer upon arrival. 47
… 48
(4) The person did not seek the medical assistance or assist in seeking the medical 49
assistance during the course of the execution of an arrest warrant, search 50
warrant, or other lawful search. 51
General Assembly Of North Carolina Session 2025
Senate Bill 346-First Edition Page 3
(5) The evidence for prosecution of a violation of G.S. 18B-302 for the possession 1
or consumption of alcoholic beverages was obtained as a result of the person 2
seeking medical assistance or assisting in seeking medical assistance for the 3
alcohol-related overdose. 4
(b) Limited Immunity for Overdose Victim. – The immunity described in subsection (a) 5
of this section shall extend to the person who needed medical assistance assistance, whether that 6
person is the subject of anot her person's request for medical assistance or whether that person 7
requested medical assistance for himself or herself, if the requirements in subdivisions (1), (1a), 8
(4), and (5) of subsection (a) are satisfied. 9
(c) Probation or Release. – A person shall not be subject to arrest or revocation of pretrial 10
release, probation, parole, or post -release if the arrest or revocation is based on an offen se for 11
which the person is immune from prosecution under subsection (a) or (b) of this section. The 12
arrest of a person for an offense for which subsection (a) or (b) of this section may provide the 13
person with immunity will not itself be deemed to be a commission of a new criminal offense in 14
violation of a condition of the person's pretrial release, condition of probation, or condition of 15
parole or post-release. 16
(d) Civil Liability for Arrest or Charges. – In addition to any other applicable immunity 17
or limitation on civil liability, a law enforcement officer who, acting in good faith, arrests or 18
charges a person who is thereafter determined to be entitled to immunity under this section shall 19
not be subject to civil liability for the arrest or filing of charges." 20
SECTION 2. This act becomes effective October 1, 2025, and applies to acts or 21
omissions on or after that date. 22