West Virginia Code > Chapter 16 > Article 47 – Alcohol and Drug Overdose Prevention and Clemency Act


16-47-1	Short title
16-47-2	Legislative findings
16-47-3	Definitions
16-47-4	Limited immunity from prosecution
16-47-5	Immunity, alternative sentencing and clemency options for a person for whom emergency medical assistance was sought
16-47-6	Limited law-enforcement personnel immunity

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Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Emergency medical assistance: means medical services provided to a person who may be experiencing an overdose by a health care professional licensed, registered or certified under chapter thirty or chapter sixteen of this code acting within his or her lawful scope of practice. See West Virginia Code 16-47-3
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
Overdose: means an acute condition, including, but not limited to, life-threatening physical illness, coma, mania, hysteria or death, which is the result of the consumption or use of a controlled substance or alcohol. See West Virginia Code 16-47-3
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.