§16-47-5. Immunity, Alternative Sentencing and Clemency Options for a Person for Whom Emergency Medical Assistance Was Sought
(a) The immunity provisions in §16-47-4(a) of this code extend to the person for whom emergency medical assistance was sought if, after receiving emergency medical assistance, the person participates in, complies with, and completes a substance abuse treatment or recovery program approved by the court. Alternatively, a court may consider the following alternative sentencing and […]
§16-47-6. Limited Law-Enforcement Personnel Immunity
Except in cases of willful, wanton or reckless misconduct, law-enforcement personnel are immune from civil liability for citing or arresting a person who is later determined to qualify for immunity under this article.
§16-47-1. Short Title
This article is known as and may be cited as the Alcohol and Drug Overdose Prevention and Clemency Act.
§16-47-2. Legislative Findings
(a) West Virginia currently has the highest drug overdose mortality rate in the United States. Since 1999, the number of drug overdose deaths in West Virginia has increased by over six hundred percent. Similarly, the age-adjusted death rate from alcohol-related overdoses has significantly increased in West Virginia, and throughout the United States, in the past […]
§16-47-3. Definitions
As used in this article: (1) "Overdose" means an acute condition, including, but not limited to, life-threatening physical illness, coma, mania, hysteria or death, which is the result of the consumption or use of a controlled substance or alcohol.
§16-47-4. Limited Immunity From Prosecution
(a) Subject to the requirements of subsection (c) of this section, a person who, in good faith and in a timely manner, seeks emergency medical assistance for a person who reasonably appears to be experiencing an overdose may not be held criminally responsible for a violation of the following: (1) Purchasing, consuming or possessing wine […]