"Good Samaritan 911" Law Raises Questions; Bon Jovi's Daughter's Heroin Charges Dropped
By: Rachel Polansky
Updated: November 21, 2012
Jon Bon Jovi's daughter will not face drug charges in her heroin case,
supposedly not because she's the daughter of a superstar, but because of
a new "Good Samaritan" law passed last year. With all the buzz about
this story, Eyewitness News explores some of these laws.
They're calling it the "Good Samaritan 911" law. And it encourages people to call 911 if they experience or see a drug or alcohol overdose, without the fear of being prosecuted. But there are technicalities, and many of people are asking, is this law fair for everyone?
"It basically gives people immunity from prosecution and arrest," says Scott McNamara, Oneida County District Attorney.
So a person can overdose on heroin but because someone calls 911, both the person overdosing and the caller can get off scot-free?
"If they make a telephone call to help someone suffering from a drug, alcohol, or other medical emergency, the person who calls doesn't have to be in fear, that when the police arrive, if they find drugs in that area, they wont be charged for them," says McNamara.
"It's more important to us that you get help for someone in peril than that we worry about prosecuting you," says Mark Wolber, Utica attorney.
Now in the case of Bon Hovi's daughter, she had less than 8 ounces of heroin in possession and the charges were dropped. But do you know how much 8 ounces of heroin is?
"8 ounces of heroin is a lot of heroin. And usually anyone in possession of that quantity has it because they intend to sell it," says Wolber.
And that's exactly what worries Utica's Chief of police.
"There are certain loopholes that we're concerned about, someone may be able to use this get out of prosecution when they may not be under medical duress," says Mark Williams, Utica Chief of police.
McNamara agrees there are technicalities but he's just following New York State law.
"If I was able to choose what I wanted to do, I wouldn't have dismissed the charges against her," says McNamara.
"It's something that's gonna have to be amended because there's a lot of concerns with law enforcement agencies statewide over this," says Chief Williams.
Possession of more than 8 ounces of heroin or cocaine in New York is an A-1 felony drug charge. The other A-1 felony is murder. Opponents of the "Good Samaritan 911" law say it just doesn't make sense.
They're calling it the "Good Samaritan 911" law. And it encourages people to call 911 if they experience or see a drug or alcohol overdose, without the fear of being prosecuted. But there are technicalities, and many of people are asking, is this law fair for everyone?
"It basically gives people immunity from prosecution and arrest," says Scott McNamara, Oneida County District Attorney.
So a person can overdose on heroin but because someone calls 911, both the person overdosing and the caller can get off scot-free?
"If they make a telephone call to help someone suffering from a drug, alcohol, or other medical emergency, the person who calls doesn't have to be in fear, that when the police arrive, if they find drugs in that area, they wont be charged for them," says McNamara.
"It's more important to us that you get help for someone in peril than that we worry about prosecuting you," says Mark Wolber, Utica attorney.
Now in the case of Bon Hovi's daughter, she had less than 8 ounces of heroin in possession and the charges were dropped. But do you know how much 8 ounces of heroin is?
"8 ounces of heroin is a lot of heroin. And usually anyone in possession of that quantity has it because they intend to sell it," says Wolber.
And that's exactly what worries Utica's Chief of police.
"There are certain loopholes that we're concerned about, someone may be able to use this get out of prosecution when they may not be under medical duress," says Mark Williams, Utica Chief of police.
McNamara agrees there are technicalities but he's just following New York State law.
"If I was able to choose what I wanted to do, I wouldn't have dismissed the charges against her," says McNamara.
"It's something that's gonna have to be amended because there's a lot of concerns with law enforcement agencies statewide over this," says Chief Williams.
Possession of more than 8 ounces of heroin or cocaine in New York is an A-1 felony drug charge. The other A-1 felony is murder. Opponents of the "Good Samaritan 911" law say it just doesn't make sense.
