(1) A person shall be immune from prosecution for the criminal offenses identified in subsection (2) of this section if:
(a) A law enforcement officer has contact with the person because the person:
1. Requests emergency medical assistance for himself or herself or another person;
2. Acts in concert with another person who requests emergency medical assistance; or
3. Appears to be in need of emergency medical assistance and is the individual for whom the request is made;
(b) The request is made for an individual who reasonably appears to be in need of medical assistance due to alcohol consumption; and
(c) The person described in paragraph (a) of this subsection, if physically capable:
1. Provides his or her own full name if requested by emergency medical assistance personnel or law enforcement officers;
2. Provides any other relevant information requested by the law enforcement officer that is known to such person;
3. Remains with, or is, the individual who reasonably appears to be in need of medical assistance due to alcohol consumption until professional emergency medical assistance is provided; and
4. Cooperates with emergency medical assistance personnel and law enforcement officers.
(2) A person who meets the qualifications set forth in subsection (1) of this section shall be immune from criminal prosecution for the following offenses:
(a) Alcohol intoxication under KRS § 222.202(1);
(b) Drinking alcoholic beverages in a public place under KRS § 222.202(2);
(c) Offenses related to possession of alcoholic beverages by a minor under twenty-one (21) years of age under KRS § 244.085; and
(d) Providing alcohol to minors under twenty-one (21) years of age or assisting minors under twenty-one (21) years of age to purchase alcohol under KRS
244.085 or 530.070.
Effective: June 25, 2013
History: Created 2013 Ky. Acts ch. 121, sec. 81, effective June 25, 2013.