Aggressive Criminal Defense

Michigan Senate Passes “Good Samaritan” Bill

“Good Samaritan” Law Would Protect Minors

The “good samaritan” bill passed the State Senate just days ago in a 38 – 0 vote, which lawmakers hope will ultimately result in fewer deaths from prescription drug overdoses. Last month the bill passed unanimously in the House, and is now expected to head for the Governor’s desk.

The bill proposes that anyone under the age of 21 would have automatic immunity from criminal prosecution in the event that they report a prescription drug overdose. It may seem odd, but the goal in this case is to save lives, as many teens are fearful of reporting overdoses in case they are charged with a crime as a result.

The bill is inspired in part by 16-year-old Mason Mizwicki, a Watervliet teen who died at a New Year’s Eve party as a result of a methadone overdose. The investigation that followed his death revealed the fact that he had asked repeatedly for help, but his friends were too afraid to take him to a hospital in case they were later prosecuted.

Lori Mizwicki, Mason’s mother, testified on behalf of the bills in both the House and the Senate committees, in order to raise awareness about this particular problem. Her goal, she said, is to educate other teenagers about the dangers of drug abuse, and also to protect them from legal consequences if they try to save someone’s life during an overdose.

The state’s current “good samaritan” law protects minors from prosecution in alcohol-related medical emergencies. But this new legislation would expand that, allowing a minor to report a prescription drug overdose before it was too late, and possibly save lives in the process.

Representative Al Pscholka is the lawmaker behind this legislation, and has been pushing for it since Mizwicki brought her son’s death to his attention. “No one should have to fear the personal consequences of saving a life,” he explained. “No matter what mistakes you’ve made, a few moments of hesitation could mean the difference between the loss of a friend or loved one who might otherwise have a bright future.”

There are those who believe that the exemption should extend to all drugs, when it comes to reporting an overdose and saving a life. But as of yet, Michigan law has nothing in the works to protect minors who report an overdose of heroin, cocaine or any other illicit “street” drug. But this, it seems, is a step in the right direction. And if this bill becomes law, we can only hope that lives will indeed be saved.

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