N.Y. Penal Law § 220.78: Witness or victim of drug or alcohol overdose

§ 220.78 Witness or victim of drug or alcohol overdose.

1. A person who, in good faith, seeks health care for someone who is

experiencing a drug or alcohol overdose or other life threatening

medical emergency shall not be charged or prosecuted for a controlled

substance offense under this article or a cannabis offense under article

two hundred twenty-two of this title, other than an offense involving

sale for consideration or other benefit or gain, or charged or

prosecuted for possession of alcohol by a person under age twenty-one

years under section sixty-five-c of the alcoholic beverage control law,

or for possession of drug paraphernalia under article thirty-nine of the

general business law, with respect to any controlled substance,

cannabis, alcohol or paraphernalia that was obtained as a result of such

seeking or receiving of health care.

2. A person who is experiencing a drug or alcohol overdose or other

life threatening medical emergency and, in good faith, seeks health care

for himself or herself or is the subject of such a good faith request

for health care, shall not be charged or prosecuted for a controlled

substance offense under this article or a cannabis offense under article

two hundred twenty-two of this title, other than an offense involving

sale for consideration or other benefit or gain, or charged or

prosecuted for possession of alcohol by a person under age twenty-one

years under section sixty-five-c of the alcoholic beverage control law,

or charged or prosecuted for possession of cannabis or concentrated

cannabis by a person under the age of twenty-one under section one

hundred thirty-two of the cannabis law, or for possession of drug

paraphernalia under article thirty-nine of the general business law,

with respect to any substance, cannabis, alcohol or paraphernalia that

was obtained as a result of such seeking or receiving of health care.

3. Definitions. As used in this section the following terms shall have

the following meanings:

(a) "Drug or alcohol overdose" or "overdose" means an acute condition

including, but not limited to, physical illness, coma, mania, hysteria

or death, which is the result of consumption or use of a controlled

substance or alcohol and relates to an adverse reaction to or the

quantity of the controlled substance or alcohol or a substance with

which the controlled substance or alcohol was combined; provided that a

patient's condition shall be deemed to be a drug or alcohol overdose if

a prudent layperson, possessing an average knowledge of medicine and

health, could reasonably believe that the condition is in fact a drug or

alcohol overdose and (except as to death) requires health care.

(b) "Health care" means the professional services provided to a person

experiencing a drug or alcohol overdose by a health care professional

licensed, registered or certified under title eight of the education law

or article thirty of the public health law who, acting within his or her

lawful scope of practice, may provide diagnosis, treatment or emergency

services for a person experiencing a drug or alcohol overdose.

4. It shall be an affirmative defense to a criminal sale controlled

substance offense under this article or a criminal sale of cannabis

offense under article two hundred twenty-two of this title, not covered

by subdivision one or two of this section, with respect to any

controlled substance or cannabis which was obtained as a result of such

seeking or receiving of health care, that:

(a) the defendant, in good faith, seeks health care for someone or for

him or herself who is experiencing a drug or alcohol overdose or other

life threatening medical emergency; and

(b) the defendant has no prior conviction for the commission or

attempted commission of a class A-I, A-II or B felony under this

article.

5. Nothing in this section shall be construed to bar the admissibility

of any evidence in connection with the investigation and prosecution of

a crime with regard to another defendant who does not independently

qualify for the bar to prosecution or for the affirmative defense; nor

with regard to other crimes committed by a person who otherwise

qualifies under this section; nor shall anything in this section be

construed to bar any seizure pursuant to law, including but not limited

to pursuant to section thirty-three hundred eighty-seven of the public

health law.

6. The bar to prosecution described in subdivisions one and two of

this section shall not apply to the prosecution of a class A-I felony

under this article, and the affirmative defense described in subdivision

four of this section shall not apply to the prosecution of a class A-I

or A-II felony under this article.