Good Samaritan protections for drug overdose responses

(a) Civil liability protections for administration of opioid overdose reversal drugs (1) In general Except as provided in paragraph (2), an individual shall not be liable in a civil action in a Federal or State court for harm caused by the emergency administration of an opioid overdose reversal drug to another individual who is or reasonably appears to be suffering a drug overdose if the individual administers the opioid overdose reversal drug in good faith. (2) Exceptions Paragraph (1) shall not apply with respect to harm caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the victim who was harmed. (3) Rule of construction With respect to a person who administers an opioid overdose reversal drug to another individual, this section supersedes the law of a State only to the extent that the State has no statute or regulation that provides such a person with immunity in a civil action for the use of an opioid overdose reversal drug, as described in paragraph (1). (b) Criminal liability protections for seeking medical assistance for an overdose (1) Definition In this subsection, the term covered individual means an individual who— (A) in good faith and a timely manner— (i) seeks medical assistance for an individual experiencing or reasonably appears to be experiencing a drug overdose; or (ii) seeks medical assistance for himself or herself for a drug overdose; and (B) did not seek the medical assistance during the course of the execution of an arrest warrant, search warrant, or other lawful search or seizure. (2) Liability protection A covered individual shall not be subject to prosecution, civil asset forfeiture, or revocation of supervised released under section 404 of the Controlled Substances Act (21 U.S.C. 844) for possession of a controlled substance if a law enforcement agency, or other government agency, is made aware of the possession solely based on the fact that the covered individual sought medical assistance as described in clause (i) or (ii) of paragraph (1)(A). (3) Admissibility and seizure of evidence or contraband Nothing in this subsection shall be construed— (A) to limit the admissibility of evidence in connection with the prosecution of— (i) an offense with regard to an individual who does not qualify for the protections under paragraph (2); or (ii) an offense not described in paragraph (2) that is committed by an individual who qualifies for the protections under such paragraph; (B) to limit any seizure of evidence or contraband otherwise permitted by law; or (C) to limit the arrest of the individual or search and seizure of any evidence or contraband if there is an outstanding State or Federal warrant for the individual. (c) Public awareness campaign The Secretary, in consultation with the Administrator of the Drug Enforcement Administration, shall carry out a public awareness campaign regarding the liability protections under this section. (d) Use of JAG funds Section 501(a)(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152(a)(1)) is amended by adding at the end the following: (J) Training programs for law enforcement officers of States and units of local government regarding legal protections for individuals seeking medical assistance in connection with a controlled substance overdose..