police or emergency services personnel arrived and the need
for the individual's presence ended.
(b) Immunity for the individual needing medical attention.--
An individual needing medical attention shall be immune under
this section from prosecution for an offense under section
6308(a) if another individual reported the incident and remained
with the individual needing medical attention and is entitled to
immunity under this section.
(c) Limitations.--The immunity described under this section
shall be limited as follows:
(1) This section may not bar prosecuting a person for an
offense under section 6308(a) if a law enforcement officer
learns of the offense prior to and independent of the action
of seeking or obtaining emergency assistance as described in
subsection (a).
(2) This section shall not interfere with or prevent the
investigation, arrest, charging or prosecution of an
individual for a crime other than an offense under section
6308(a).
(3) This section shall not bar the admissibility of
evidence in connection with the investigation and prosecution
for a crime other than an offense under section 6308(a).
(4) This section shall not bar the admissibility of
evidence in connection with the investigation and prosecution
of a crime with regard to another defendant who does not
independently qualify for immunity under this section.
(d) Good faith immunity.--In addition to any other
applicable immunity or limitation on civil liability, a law
enforcement officer, campus security officer or prosecuting
attorney who, acting in good faith, charges a person who is
thereafter determined to be entitled to immunity under this
section shall not be subject to civil liability for the filing
of the charges.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"911 system." A system, including enhanced 911 service and a
wireless e-911 system, that permits a person dialing 911 by
telephone to be connected to a public safety answering point,
via normal telephone facilities, for the reporting of police,
fire, medical or other emergency situations.
"Campus security officer." An employee of an institution of
higher education charged with maintaining the safety and
security of the property of the institution and persons on the
property.
"Emergency services personnel." Individuals, including a
trained volunteer or a member of the armed forces of the United
States or the National Guard, whose official or assigned
responsibilities include performing or directly supporting the
performance of emergency medical and rescue services or
firefighting.
2018/90MSP/SB1090A07316 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51