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244.992 Medical amnesty for persons reporting an alcohol overdose.
(1)
(2)
A person shall be immune from prosecution for the criminal offenses identified
in subsection (2) of this section if:
(a) A law enforcement officer has contact with the person because the
person:
1.
Requests emergency medical assistance for himself or herself or
another person;
2.
Acts in concert with another person who requests emergency
medical assistance; or
3.
Appears to be in need of emergency medical assistance and is the
individual for whom the request is made;
(b) The request is made for an individual who reasonably appears to be in
need of medical assistance due to alcohol consumption; and
(c) The person described in paragraph (a) of this subsection, if physically
capable:
1.
Provides his or her own full name if requested by emergency
medical assistance personnel or law enforcement officers;
2.
Provides any other relevant information requested by the law
enforcement officer that is known to such person;
3.
Remains with, or is, the individual who reasonably appears to be in
need of medical assistance due to alcohol consumption until
professional emergency medical assistance is provided; and
4.
Cooperates with emergency medical assistance personnel and law
enforcement officers.
A person who meets the qualifications set forth in subsection (1) of this section
shall be immune from criminal prosecution for the following offenses:
(a) Alcohol intoxication under KRS 222.202(1);
(b) Drinking alcoholic beverages in a public place under KRS 222.202(2);
(c) Offenses related to possession of alcoholic beverages by a minor under
twenty-one (21) years of age under KRS 244.085; and
(d) Providing alcohol to minors under twenty-one (21) years of age or
assisting minors under twenty-one (21) years of age to purchase alcohol
under KRS 244.085 or 530.070.
Effective:June 25, 2013
History: Created 2013 Ky. Acts ch. 121, sec. 81, effective June 25, 2013.
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