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New Jersey Section 2C:35-30 – Immunity from liability, certain circumstances, for persons seeking medical assistance for someone experiencing a drug overdose.

New Jersey’s Good Samaritan Law: Immunity for Seeking Overdose Medical Assistance

New Jersey has a law called the Overdose Prevention Act that provides legal protection for people who call 911 to report an overdose, even if drugs are present at the scene. This “Good Samaritan” law, codified as Section 2C:35-30 in New Jersey criminal code, aims to encourage people to summon medical help during an overdose without fear of arrest or prosecution for drug crimes.

Background and Purpose

New Jersey’s Good Samaritan law was enacted in 2013 to address the alarming rise in drug overdose deaths, especially from opioid painkillers and heroin. Fatal overdoses were escalating as more people struggled with substance use disorders. But tragically, many overdose victims were dying needlessly because witnesses hesitated to call for help due to fear of police involvement.The purpose of 2C:35-30 is simple: to save lives by removing barriers that prevent or discourage overdose reporting. The law does this by providing limited immunity from arrest, charge, prosecution, conviction, and revocation of certain conditions of release for certain eligible offenses. This legal protection is designed to encourage overdose witnesses to promptly seek medical assistance that could mean the difference between life and death.

Who Is Protected Under the Law?

Section 2C:35-30 protects both overdose victims and “Good Samaritans” who aid them. Importantly, it shields both the person experiencing the overdose and the person reporting the overdose from being arrested, charged or prosecuted for possession of drugs, drug paraphernalia, or underage drinking.Specifically, the law states that “a person who, in good faith, seeks medical assistance for someone experiencing a drug overdose shall not be:

• Arrested, charged, prosecuted, or convicted for obtaining, possessing, using, being under the influence of, or failing to make lawful disposition of, a controlled dangerous substance or controlled substance analog;
• Arrested, charged, prosecuted, or convicted for possessing, using, being under the influence of or failing to make lawful disposition of, drug paraphernalia;
• Arrested, charged, prosecuted or convicted for underage possession or consumption of alcohol.

The immunity covers possession or consumption of illegal drugs and underage drinking, but does not extend to all possible criminal charges. For example, it does not prevent prosecution for drug distribution, outstanding warrants, and parole or probation violations.

Scope of Legal Protections

New Jersey’s law provides fairly broad legal protections for both overdose victims and Good Samaritans. However, there are some limits.First, the immunity only applies to low-level drug offenses like possession, being under the influence, or paraphernalia. It does not prevent prosecution for drug distribution or other serious offenses.Second, the law does not protect anyone from arrest or prosecution for any offense other than drug possession, paraphernalia possession, or underage drinking. Immunity is not granted for outstanding warrants, driving under the influence, disorderly conduct, or any other offense.Third, the legal protection is only extended to the first person who calls for help. It does not apply to anyone who arrives later. The limited immunity is intended to encourage the initial 911 call that can save a life.Finally, the law only protects actions specifically authorized or required by the law. It does not prevent civil liability or professional licensing sanctions for licensed medical professionals acting outside their scope of practice.

Requirements to Qualify for Immunity

To receive immunity under Section 2C:35-30, certain requirements must be met:

• The reporting person must act in “good faith.” This generally means they must have a reasonable, honest belief that someone is experiencing an overdose and needs medical assistance.
• The reporting person must provide their full name and location to 911 or other first responders. An anonymous report does not qualify for immunity.
• The reporting person must remain at the scene until help arrives. They cannot call 911 then immediately flee the scene.

If the reporting person leaves the scene shortly before help arrives, or refuses to provide their identity, they may not be shielded from arrest or prosecution. The responders need time to provide aid rather than pursue arrests.

Widespread Support for Good Samaritan Laws

Good Samaritan laws like Section 2C:35-30 have gained broad support from lawmakers, public health advocates and law enforcement officials.As of 2022, at least 40 states and the District of Columbia have enacted some form of Good Samaritan or 911 drug immunity law. This bipartisan policy reform emerged as part of a comprehensive public health approach to the overdose epidemic.Experts widely agree that Good Samaritan laws are sound policy that can save lives. These laws recognize that fear of criminal punishment should never prevent someone from calling 911 during a medical emergency.A 2017 report by the National Institute of Justice found that laws like Section 2C:35-30 increase the likelihood that overdose witnesses will call for help. Importantly, they do not appear to encourage or increase illegal drug use. Additional research confirms that state Good Samaritan laws are associated with significant reductions in opioid-related deaths.

Support from Law Enforcement

While Good Samaritan laws place some limits on law enforcement powers, many police officials support them. Saving lives is the top priority for most officers.For example, in 2017, the New Jersey State Association of Chiefs of Police issued a resolution formally supporting the state’s Overdose Prevention Act. The resolution stated:

“…the singular focus of law enforcement responding to such emergencies must be to save lives by getting timely emergency medical attention to the victim.”

Likewise, former New Jersey Attorney General Gurbir Grewal reiterated his office’s commitment to following the intent of Good Samaritan laws:

“We cannot enforce our way out of this epidemic. We will continue to save lives by keeping the lines open for individuals seeking lifesaving treatment.”

While police groups acknowledge the loss of some enforcement powers under Good Samaritan policies, they ultimately support the public health goal of preventing fatal overdoses.

Success of the Law in New Jersey

In the years since New Jersey enacted the Overdose Prevention Act, researchers have been able to assess its real-world impact. The data show promising results.A 2020 study in the Journal of Urban Health examined overdose mortality rates before and after adoption of Section 2C:35-30. It found a statistically significant decrease in opioid-related deaths following enactment of the law.Researchers estimated that New Jersey’s Good Samaritan policy prevented 70 opioid-related deaths in the first two years after adoption. Further analysis suggests the law may have prevented as many as 400 deaths over five years.While rising availability of naloxone and other interventions have also helped reduce overdose mortality, Section 2C:35-30 appears to be an important contributing factor. By reassuring witnesses that calling for help will not result in legal consequences, the law seems to be increasing 911 calls during overdoses as intended.

Remaining Barriers and Challenges

While Good Samaritan laws like Section 2C:35-30 have great potential to prevent overdose deaths, significant barriers remain.One challenge is lack of public awareness about these legal protections. Many people who use drugs, as well as the broader public, do not know about immunity for reporting overdoses. More education is needed to spread awareness.Additionally, some witnesses may still hesitate to call 911 if others on the scene are engaged in illegal activity like drug dealing. And fear of police persists in immigrant communities or communities of color. Building trust takes time.Finally, more work is needed to expand support networks and access to evidence-based treatment. Good Samaritan laws encourage an initial 911 call, but longer-term recovery remains challenging. Removing the stigma around addiction also requires broader culture change.

Looking Ahead

New Jersey’s Section 2C:35-30 has already saved lives by empowering witnesses to seek prompt emergency medical assistance for overdoses. But more work remains to build on this success.Continued cooperation between public health and law enforcement officials can help strengthen Good Samaritan protections. Sustained public education and outreach efforts are critical to spread awareness about the immunity law. And ultimately, expanding drug treatment capacity and supporting long-term recovery should complement the emergency aid this vital law was designed to encourage.