Wednesday, April 15, 2009

Maryland waters down Good Samaritan bill

A Maryland bill to create a "Good Samaritan" bar to prosecution for seeking medical assistance for someone who is experiencing a medical emergency after ingesting alcohol or drugs has been watered down on the way to enactment by the General Assembly to simply provide the such a fact "may be used as a mitigating factor in a criminal prosecution."

Characteristic of last minute legislative this looks like an amendment written on the back of a cocktail napkin. Did the legislature mean a mitigating factor for purposes of charging that should be considered by a State's Attorney or a mitigating factor for the purpose of sentencing to be considered by a judge?

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