6308. If you or a loved have been charged with Underage Drinking or another criminal offense, you can get a FREE CONSULTATION by contacting JD Law at (814) 954-7622 or via email. Contents: § 8331 Medical Immunity § 8331.2 AED Use Immunity § 8331.3 Criminal Victim Aid Immunity § 8332 Non-Medical Immunity § 8332.3 Volunteer Firefighter Immunity § 8332.4 Volunteer In Public Service Negligence Standard § 8334 Mass Immunization Project Immunity § 8338.1 Donated Vehicles or Equipment to … Impact of Pennsylvania’s “Good Samaritan” Law on Penn State Underage Drinkers. We fully support the 21 Minimum Legal Drinking Age (MLDA) law and the enforcement of it. The Good Samaritan Law is a law that protects civilians who help people they believe to be injured or otherwise in danger. If the caller does not follow the immunity law requirements, then neither the caller NOR the person needing medical assistance is immune. 42 PA CSA § 8331-8338 . The criteria for such immunity includes the following. successfully argued for dismissal of charges under the Safe Harbor law, State College Corruption of Minors Lawyer, State College Endangering Welfare of a Child Lawyer, State College Pardon of Pennsylvania Conviction Lawyer, State College Terroristic Threats Attorney, Grading or Severity of Theft Charges in Pennsylvania, that law enforcement or police only became aware of the underage drinking violation because the caller contacted 911, campus safety, or some other police or emergency services personnel, he/she reasonably believed that he/she was the first person to seek medical assistance for a person to prevent death or serious injury, he/she provided his/her name to the 911 operator, police, or emergency personnel, he/she remained with the person needing medical assistance until emergency responders arrived. In the Fall of 2014, Pennsylvania amended its drug laws to extend "good Samaritan" protections to drug users. While the caller may not be charged with a summary offense of Underage Drinking, the immunity protection does not prevent the filing of other criminal charges. THE GOOD SAMARITAN AND RELATED ACTS . Limitations of the Good Samaritan Law The Safe Harbor protections are limited to Underage Drinking or Possession of Alcohol by a Minor charges under 18 Pa.C.S. A few years ago, I had a client that had been engaged in underage drinking at Penn State with some friends, and one of the friends over-imbibed and needed medical assistance. The Safe Harbor law states that the caller shall not be prosecuted if he/she can show: The Safe Harbor protections are limited to Underage Drinking or Possession of Alcohol by a Minor charges under 18 Pa.C.S. There are some Underage Drinking cases that are filed because an officer does not believe that the Safe Harbor protections apply. If the police respond to the call for assistance and see marijuana, controlled substances, or drug paraphernalia in plain view, misdemeanor possession charges for possession or felony offenses for Possession With Intent to Deliver can, and normally will be, filed. Variations exist between states, from not applying if the "good Samaritan" is the cause of the problem (New South Wales), to applying under all circumstances if the attempt is made in good faith (Victoria). Posted in General,Penn State on January 12, 2015. The attorneys at the State College criminal defense firm of JD Law have successfully argued for dismissal of charges under the Safe Harbor law for numerous Penn State students charged with Underage Drinking. 6308.1. The criteria for such immunity includes the following In the wake of the opioid epidemic, many state legislatures have added drug overdose provisions to existing Good Samaritan alcohol laws. Copyright © 2017 JD Law Disclaimer | Privacy Policy | Google+. It does not include Good Samaritan statutes that are exclusive to drugs. State laws vary but most laws protect the victim and Good Samaritan from charges and/or prosecution which might follow an alcohol or drug-related overdose emergency where medical assistance was sought. Maryland Good Samaritan Law: Courts and Judicial Proceedings §5-309(a) A person described in subsection (b) of this section is not civilly liable for any act or omission in giving any assistance or medical care, if: The state of Pennsylvania has an alcohol emergency immunity law (Good Samaritan law). This field is for validation purposes and should be left unchanged. For example, the Good Samaritan Law provides people with the freedom to act without having to fear the other person might sue them. Pennsylvania’s Good Samaritan or immunity from prosecution in Underage Drinking cases is called “Safe Harbor” and is found at 18 Pa.C.S.A. In the past, the person that called for medical assistance was often protected from prosecution, but the person that needed the medical assistance was not. Create an Account - Increase your productivity, customize your experience, and engage in information you care about. 6308. A strong advocate for your rights and future. Other alcohol-related criminal charges, such as a summary offense of Public Drunkenness or a misdemeanor offense of Furnishing Alcohol to Minor, can still be filed by the police. It wisely did so to protect the life and health of young people. - Increase your productivity, customize your experience, and engage in information you care about. Other alcohol-related criminal charges, such as a summary offense of Public Drunkenness or a misdemeanor offense of Furnishing Alcohol to Minor, can still be filed by the police. By Jason Dunkle on G+. This legislation provides immunity to drug users for certain drug crimes when they call for help for a person experiencing a drug overdose. This legislation provides immunity to drug users for certain drug crimes when they call for help for a person experiencing a drug overdose. In the Fall of 2014, Pennsylvania amended its drug laws to extend "good Samaritan" protections to drug users. Cumberland County Opiate Overdose Prevention, Individual must report incident to 9-1-1, law enforcement or an emergency official, Individual must give authorities identifying information, Individual must stay with the overdose patient until emergency assistance arrives, The law does NOT grant immunity to those involved in the delivery or distribution of drugs. In order to fall under the protection of the Safe Harbor or Good Samaritan law, the caller for medical assistance must follow certain rules. Now, the caller AND the person needing medical assistance are immune from prosecution IF certain conditions are met. The new law fixes such unintended loopholes and will bring Pennsylvania among the 36 other states who have similar protections for good Samaritans. In general, these offer protection if care is made in good faith, and the "good Samaritan" is not impaired by drugs or alcohol. The above map identifies Good Samaritan laws that are specific to alcohol or alcohol/drugs. The purpose of the Good Samaritan Law is to encourage ordinary people to help someone in distress before the police are able to arrive.
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