Senator Hutto proposes the following amendment (SJ-183.MB0003S):

Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:

SECTION X. Chapter 1, Title 15 of the S.C. Code is amended by adding:

 Section 15-1-315. Any person, who in good faith gratuitously renders emergency care at the scene of a drug overdose to the victim thereof, shall not be liable for any civil damages for any personal injury as a result of any act or omission by such person in rendering the care or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the person experiencing an overdose, except acts or omissions amounting to gross negligence or wilful or wanton misconduct.


SECTION X. Section 44-53-1920 of the S.C. Code is amended to read:

 Section 44-53-1920. (A) A person who seeks medical assistance for another person who appears to be experiencing a drug or alcohol-related overdose may not be prosecuted for any of the offenses listed in subsection (B), if the evidence for prosecution was obtained as a result of the person seeking medical assistance for the apparent overdose on the premises or immediately after seeking medical assistance and the person:
  (1) acted in good faith when seeking medical assistance, upon a reasonable belief that he was the first person to call for assistance;
  (2) provided his own name to the 911 system or to a law enforcement officer upon arrival; and
  (3) did not seek medical assistance during the course of the execution of an arrest warrant, search warrant, or other lawful search.
 (B) A person who seeks medical assistance for another person in accordance with the requirements of subsection (A) may not be prosecuted for:
  (1) dispensing or delivering a controlled substance in violation of Section 44-53-370(a), when the controlled substance is dispensed or delivered directly to the person who appears to be experiencing a drug-related overdose;
  (2) possessing a controlled substance in violation of Section 44-53-370(c);
  (3) possessing less than one gram of methamphetamine or cocaine base in violation of Section 44-53-375(A);
  (4) dispensing or delivering methamphetamine or cocaine base in violation of Section 44-53-375(B), when the methamphetamine or cocaine base is dispensed or delivered directly to the person who appears to be experiencing a drug-related overdose;
  (5) possessing paraphernalia in violation of Section 44-53-391;
  (6) selling or delivering paraphernalia in violation of Section 44-53-391, when the sale or delivery is to the person who appears to be experiencing a drug-related overdose;
  (7) purchasing, attempting to purchase, consuming, or knowingly possessing alcoholic beverages in violation of Section 63-19-2440;
  (8) transferring or giving to a person under the age of twenty-one years for consumption beer or wine in violation of Section 61-4-90; or
  (9) contributing to the delinquency of a minor in violation of Section 16-17-490.; or
  (10) drug-induced homicide in violation of Section 16-3-65.
 (C) If the person seeking medical assistance pursuant to this section previously has sought medical assistance for another person pursuant to this article, the court may consider the circumstances of the prior incidents and the related offenses to determine whether to grant the person immunity from prosecution.
 (D) A person described in this section must use his or her own name when contacting authorities, fully cooperate with law enforcement and medical personnel, and must remain with the individual needing medical assistance until help arrives.

Renumber sections to conform.

Amend title to conform.