Md. Code Ann., Crim. Proc. § 1-210
Seeking medical assistance a mitigating circumstance
Effective Oct 1, 2023Added by Acts 2009, c. 714, § 1, eff. Oct. 1, 2009. Amended by Acts 2014, c. 401, § 1, eff. Oct. 1, 2014; Acts 2015, c. 375, § 1, eff. Oct. 1, 2015; Acts 2016, c. 8, § 1, eff. March 14, 2016; Acts 2023, c. 717, § 1, eff. Oct. 1, 2023; Acts 2023, c. 718, § 1, eff. Oct. 1, 2023.State of Maryland
(a) The act of seeking, providing, or assisting with the provision of medical assistance for another person who is experiencing a medical emergency after ingesting or using alcohol or drugs may be used as a mitigating factor in a criminal prosecution of:
- (1) the person who experienced the medical emergency; or
- (2) any person who sought, provided, or assisted in the provision of medical assistance.
- (b) A person who, in good faith, seeks, provides, or assists with the provision of medical assistance for a person reasonably believed to be experiencing a medical emergency after ingesting or using alcohol or drugs shall be immune from criminal arrest, charge, or prosecution for a violation of § 5-601, § 5-619, § 5-620, § 10-114, § 10-116, or § 10-117 of the Criminal Law Article if the evidence for the criminal arrest, charge, or prosecution was obtained solely as a result of the person's seeking, providing, or assisting with the provision of medical assistance.
- (c) A person who is experiencing a medical emergency after ingesting or using alcohol or drugs shall be immune from criminal arrest, charge, or prosecution for a violation of § 5-601, § 5-619, § 5-620, § 10-114, § 10-116, or § 10-117 of the Criminal Law Article if the evidence for the criminal arrest, charge, or prosecution was obtained solely as a result of the person seeking or receiving medical assistance.
- (d) A person who seeks, provides, or assists with the provision of medical assistance in accordance with subsection (b) of this section or who is experiencing a medical emergency in accordance with subsection (c) of this section may not be sanctioned for a violation of a condition of pretrial release, probation, or parole if the evidence of the violation was obtained solely as a result of the person seeking, providing, assisting with, or receiving the provision of medical assistance.
Added by Acts 2009, c. 714, § 1, eff. Oct. 1, 2009. Amended by Acts 2014, c. 401, § 1, eff. Oct. 1, 2014; Acts 2015, c. 375, § 1, eff. Oct. 1, 2015; Acts 2016, c. 8, § 1, eff. March 14, 2016; Acts 2023, c. 717, § 1, eff. Oct. 1, 2023; Acts 2023, c. 718, § 1, eff. Oct. 1, 2023.