28-472. Drug overdose; exception from criminal liability; conditions.
(1) A person shall not be in violation of section 28-441 or subsection (3) of section 28-416 if:
(a) Such person made a good faith request for emergency medical assistance in response to a drug overdose of himself, herself, or another;
(b) Such person made a request for medical assistance as soon as the drug overdose was apparent;
(c) The evidence for the violation of section 28-441 or subsection (3) of section 28-416 was obtained as a result of the drug overdose and the request for medical assistance; and
(d) When emergency medical assistance was requested for the drug overdose of another person:
(i) Such requesting person remained on the scene until medical assistance or law enforcement personnel arrived; and
(ii) Such requesting person cooperated with medical assistance and law enforcement personnel.
(2) The exception from criminal liability provided in subsection (1) of this section applies to any person who makes a request for emergency medical assistance and complies with the requirements of subsection (1) of this section.
(3) A person shall not be in violation of section 28-441 or subsection (3) of section 28-416 if such person was experiencing a drug overdose and the evidence for such violation was obtained as a result of the drug overdose and a request for medical assistance by another person made in compliance with subsection (1) of this section.
(4) A person shall not initiate or maintain an action against a peace officer or the state agency or political subdivision employing such officer based on the officer's compliance with subsections (1) through (3) of this section.
(5) Nothing in this section shall be interpreted to interfere with or prohibit the investigation, arrest, or prosecution of any person for, or affect the admissibility or use of evidence in, cases involving:
(a) Drug-induced homicide;
(b) Except as provided in subsections (1) through (3) of this section, violations of section 28-441 or subsection (3) of section 28-416; or
(c) Any other criminal offense.
(6) As used in this section, drug overdose means an acute condition including, but not limited to, physical illness, coma, mania, hysteria, or death resulting from the consumption or use of a controlled substance or the consumption or use of another substance with which a controlled substance was combined and which condition a layperson would reasonably believe requires emergency medical assistance.
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