H 1962

HOUSE DOCKET, NO. 1559  FILED ON: 1/15/2025
 HOUSE . . . . . . . . . . . . . . . No. 1962
  The Commonwealth of Massachusetts
  _________________
  PRESENTED BY:
  John H. Rogers
  _________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
   Court assembled:
   The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
  An Act relative to police use of epinephrine autoinjectors.
  _______________
  PETITION OF:
NAME:  DISTRICT/ADDRESS:  DATE ADDED:
John H. Rogers  12th Norfolk  1/15/2025
Bud L. Williams  11th Hampden  4/30/2025
Susannah M. Whipps  2nd Franklin  4/30/2025
Christopher Richard Flanagan  1st Barnstable  4/30/2025
Marc T. Lombardo  22nd Middlesex  4/30/2025
Natalie M. Higgins  4th Worcester  4/30/2025
Marcus S. Vaughn  9th Norfolk  4/30/2025
James C. Arena-DeRosa  8th Middlesex  4/30/2025
Carmine Lawrence Gentile  13th Middlesex  4/30/2025
Samantha Montaño  15th Suffolk  4/30/2025
Patrick Joseph Kearney  4th Plymouth  4/30/2025
James B. Eldridge  Middlesex and Worcester  6/17/2025
Thomas W. Moakley  Barnstable, Dukes and Nantucket  7/14/2025
Greg Schwartz  12th Middlesex  7/14/2025
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  HOUSE DOCKET, NO. 1559  FILED ON: 1/15/2025
 HOUSE . . . . . . . . . . . . . . . No. 1962
By Representative Rogers of Norwood, a petition (accompanied by bill, House, No. 1962) of
John H. Rogers relative to police use of epinephrine autoinjectors. The Judiciary.
  The Commonwealth of Massachusetts
  _______________
  In the One Hundred and Ninety-Fourth General Court
  (2025-2026)
  _______________
An Act relative to police use of epinephrine autoinjectors.
  Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1Chapter 94C of the General Laws is hereby amended by inserting, after section 34A, the
2 following section:-
3Section 34B. (a) A police officer who, in good faith, seeks medical assistance for
4 someone experiencing an anaphylactic reaction shall not be charged or prosecuted for possession
5 of a controlled substance under sections 34 or 35 if the evidence for the charge of possession of a
6 controlled substance was gained as a result of the seeking of medical assistance.
7(b) A person who experiences an anaphylactic reaction and is in need of medical
8 assistance and, in good faith, seeks such medical assistance, or is the subject of such a good faith
9 request for medical assistance, shall not be charged or prosecuted for possession of a controlled
10 substance under said sections 34 or 35 if the evidence for the charge of possession of a controlled
11 substance was gained as a result of the anaphylactic reaction and the need for medical assistance.
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12(c) The act of seeking medical assistance for someone who is experiencing an
13 anaphylactic reaction may be used as a mitigating factor in a criminal prosecution under the
14 Controlled Substance Act,1970 P.L. 91–513, 21 U.S.C. section 801, et seq.
15(d) Nothing contained in this section shall prevent anyone from being charged with
16 trafficking, distribution or possession of a controlled substance with intent to distribute.
17(e) A police officer acting in good faith may receive an epinephrine autoinjector, possess
18 an epinephrine autoinjector and administer an epinephrine autoinjector to an individual
19 appearing to experience an anaphylactic reaction, and provided further that no police office shall
20 be liable in a civil suit for damages as a result of any acts or omissions in providing or obtaining,
21 or attempting to provide or obtain, such assistance unless such acts or omissions constitute
22 willful, wanton or reckless conduct.
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