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SB 346

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2025 Regular Session Introduced by Creigh Deeds and 1 co-sponsor

Gives limited criminal immunity to overdose victims and callers who seek emergency help for drug/alcohol overdoses for specific offenses, boosting timely 911 calls.

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Bill Summary · SB 346

SB 346 — Good Samaritan Law / Immunity (Controlled Substances; Emergency Services; Public Liability)

Status: Passed first reading (introduced Feb 12, 2025)
Primary subject areas: Controlled substances, emergency medical response, criminal liability/immunity

Main purpose

To reduce barriers to calling for emergency medical help during drug- or alcohol-related overdoses by providing limited criminal immunity to people who seek (or assist in seeking) medical assistance — and to the overdose victim — for certain drug- or alcohol-related offenses. The bill also protects law-enforcement officers from civil liability when they arrest in good faith someone later found to be immune under the statute.

Key provisions — what the bill does

  • Amends North Carolina General Statutes:
    • G.S. 90-96.2 (drug-related overdoses)
    • G.S. 18B-302.2 (alcohol-related overdoses for persons under 21)
  • Limited criminal immunity (who qualifies):
    • A person who seeks or helps seek emergency medical assistance for an individual experiencing a drug-related (or qualifying alcohol-related) overdose — or the overdose victim themselves — will not be arrested, charged, or prosecuted for certain listed offenses if all of these conditions are met:
    • They contacted 911, campus security, a law-enforcement officer, or EMS.
    • They acted in good faith and reasonably believed they (or the victim) needed medical help.
    • They provided their own name to 911 or to law enforcement on arrival.
    • The request for assistance was not made during execution of an arrest/search warrant or other lawful search.
    • The evidence forming the basis for prosecution of the covered offense was obtained as a result of seeking that medical assistance.
  • Covered offenses (limited list): the statute confines immunity to specific offenses (e.g., certain possession offenses under G.S. 90-95(a)(3) — including possession under specified quantities — and G.S. 90-113.22 as listed by the bill). Immunity does not apply to unlisted or more serious offenses.
  • Procedural protections:
    • A person immune under the statute cannot be arrested or have pretrial release, probation, parole, or post‑release revoked on the basis of an offense covered by the immunity.
    • Law-enforcement officers who, acting in good faith, arrest or charge a person later found to be immune are protected from civil liability for that arrest/charging decision.
  • Construction clause: the bill expressly preserves law enforcement’s ability to seize evidence, detain or arrest for other, non-covered offenses, and the admissibility of evidence for other prosecutions.

Who is affected

  • Individuals who call for or receive emergency medical help for suspected drug or alcohol overdoses (the caller and the overdose victim).
  • Law enforcement, prosecutors, and emergency medical providers (new statutory rules for when criminal charges may be brought and for civil exposure).
  • Public health and campus safety stakeholders (policy and training implications).

Anticipated impacts and limits

  • Intended to encourage timely calls for medical assistance, potentially reducing fatal and nonfatal overdose outcomes.
  • Immunity is narrowly drawn and conditional — it does not provide blanket protection for all criminal conduct (e.g., violent crimes, trafficking beyond listed offenses).
  • Provides legal cover for officers acting in good faith, which may ease enforcement concerns about missing crimes versus saving lives.

Procedural / timeline notes

  • Introduced Feb 12, 2025; status supplied indicates it passed first reading. (Further committee actions, amendments, votes, or enactment dates were not specified in the provided materials.)
  • The bill amends existing statutory sections (G.S. 90‑96.2 and 18B‑302.2); implementing agencies (law enforcement, courts, campus security, EMS) will need to update protocols and training if it advances.

If you want, I can:
- Draft a plain‑language one‑page flyer for first responders and campus security explaining the new duties and protections (assumes bill passage), or
- Prepare a short legal memo comparing this bill’s immunity scope to existing Good Samaritan/“911 immunity” laws in other states.

Compiled from official sources — confirm details with the bill’s official record.

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