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“Calling 911 should never be a crime,” says Roseanne Scotti, director of the New Jersey Drug Policy Alliance. “Saving lives should always take priority over punishing behavior. A Good Samaritan law will encourage people to get help.”
Most overdose victims don’t die until hours after they’ve taken a drug, but Scotti said studies have shown that people often are afraid they’ll be arrested or prosecuted if they call police.
The state Senate Judiciary Committee next week will consider the Good Samaritan Overdose Response Act (S851/A578), which provides limited legal protection for those who witness a drug overdose and summon medical assistance. A companion bill has also been introduced in the state Assembly.
New York, Illinois, Washington State, New Mexico and Connecticut already have similar laws in place.
“When a life is on the line, we can ill afford to waste time weighing the consequences of calling 911 or deciding whether or not to be truthful about what substance was used to overdose,” said state Sen. Joseph Vitale (D-Middlesex), who is sponsoring the Senate bill along with Bergen County’s state Sen. Loretta Weinberg. “By narrowly eliminating the criminal consequences one might face after calling 911 to report an overdose, I hope to diminish any hesitation one might have about doing the right thing.”
Patty DiRenzo of Blackwood is hoping the measure becames law.
Her son, Salvatore, was 27 when he died from an overdose. As far as she is concerned, “his death, like so many others in New Jersey, could have been prevented if the people he was with had called 911 for help. But they didn’t, most likely for fear of arrest. Instead, Sal was left alone to die.
“I lost my son, and my grandson lost his Daddy, because someone was afraid to call 911. It’s extremely important that we prevent future overdose deaths and spare other families the grief that mine has endured.”
The measure doesn’t promise blanket immunity. You can still be charged if police find evidence of a serious crime. They also can seize drugs, paraphernalia and other contraband.
However, the measure offers limited protection from being charged with drug possession, from being under the influence, from having a needle or drug paraphernalia or from sharing those works, if these were discovered as a result of your call.
The same goes for being charged with a parole violation or for violating a restraining order (by being where you’re not supposed to).
What’s more, the bill offers the caller protection against being sued for a drug-induced death.
Public health organizations are on board. They include: The National Council on Alcoholism and Drug Dependence—NJ, the New Jersey State Nurses Association, the National Association of Social Workers, the New Jersey Hospital Association, Integrity House, the Lutheran Office of Governmental Ministry, Hyacinth AIDS Foundation, Well of Hope Drop-in Center, New Horizon Treatment Service, the Atlantic City Syringe Access Program, the South Jersey AIDS Alliance, Camden Area Health Education Center, the North Jersey Community Research Initiative, the New Jersey Women and AIDS Network, the New Jersey Deputy Fire Chiefs Association, Paterson Counseling Center, the ACLU of New Jersey, COPE Center, Buddies of New Jersey, Inc., the Hepatitis C Association, the Rescue Mission of Trenton, Parent to Parent, and the Center for Family Services.
The Senate committee hearing is scheduled for 1 p.m. Monday, March 5, in Committee Room 4 on the first floor of the State House Annex in Trenton.
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