Pretrial

Good Samaritan Policiesin Louisiana

Grade:
Score: 45/100

State Summary

Louisiana has a Good Samaritan law that protects those who seek medical attention as well as those experiencing an overdose, but only in certain circumstances.

The law only provides immunity from prosecution for possession of controlled substances. The state’s law could be improved by extending protections to all drug-related violations.

Details

Group_21 (3)

Immunity from Charges

Louisiana’s law provides immunity for prosecution for possession of controlled substances.1  However, individuals acting in good faith could still be liable for sale or transfer of a controlled substance, or trafficking of a controlled substance.

25/50 points

Group_21 (4)

Immunity from Other Sanctions

Louisiana’s law also provides protection from charges related to the consumption of alcohol.2 These policies do not provide broader immunity from other charges, including: supervision violations, restraining order violations, and civil asset forfeitures. This provision could be improved by extending immunity to these charges.

5/25 points

Group_21 (5)

Requirements

Louisiana’s law imposes no additional requirements on individuals to receive immunity from drug possession charges, they must simply be acting in good faith when seeking medical attention for the individual experiencing the overdose. However, individuals reporting an alcohol-related overdose are required to provide certain information to responding agencies to receive immunity.

10/15 points

Group_21 (6)

Extension of Immunity

Immunity in Louisiana’s law extends to both the individual experiencing the overdose and the individual reporting the overdose, but does not explicitly protect other individuals in the immediate vicinity.

5/10 points

Sources

1. LA Rev Stat § 14:403.10
2. LA Rev Stat § 14:403.9