Politics & Government

Bill protecting underage drinkers who call for help sent to Kansas governor

SB 133 would grant immunity from prosecution to people under 21 who are illegally drinking but call for medical help for themselves or someone else.
SB 133 would grant immunity from prosecution to people under 21 who are illegally drinking but call for medical help for themselves or someone else. File photo

A bill that would protect underage drinkers from criminal charges if they call for medical help will go to the governor.

The Kansas House passed the bill 92-27 on Friday. It was passed by the Kansas Senate last year.

SB 133 would grant immunity from prosecution to people under 21 who are illegally drinking but call for medical help for themselves or someone else.

They have to remain on the scene and cooperate with law enforcement and emergency responders for immunity to be granted.

“The hope is … if they’re facing a situation where one of their friends is blacked out or passed out or incoherent from the overconsumption of alcohol that they’ll do the right thing and be a good Samaritan,” said Rep. Tom Phillips, R-Manhattan, who carried the bill on the House floor.

The hope is … if they’re facing a situation where one of their friends is blacked out or passed out or incoherent from the overconsumption of alcohol that they’ll do the right thing and be a good Samaritan.

Rep. Tom Phillips

R-Manhattan

Opponents worried the bill goes too far in letting underage drinkers off the hook. An amendment from Rep. John Whitmer, R-Wichita, aimed at punishing repeat offenders was shot down on Thursday.

“I get one or two mistakes, but if you’ve had three offenses, at what point do we try and hold folks accountable and help kids who may have a drinking problem?” Whitmer said.

Phillips said the bill is worth it if it encourages people to call for medical help if it’s needed.

“That’s my hope, that we’re able to prevent a tragic accident or loss of life in one of our young people,” Phillips said.

Daniel Salazar: 316-269-6791, @imdanielsalazar

How they voted

Here’s how area lawmakers voted on SB 133, which passed 92-27.

Democrats: All area Democrats voted yes.

Republicans voting yes: Steve Anthimides, Mario Goico, Les Osterman, Chuck Weber, Wichita; Steven Becker, Buhler; Les Mason, McPherson; Jack Thimesch, Cunningham; Kristey Williams, Augusta.

Republicans voting no: Daniel Hawkins, Dennis Hedke, Mark Hutton, Mark Kahrs, Joseph Scapa, John Whitmer, Wichita; Blake Carpenter, Derby; Will Carpenter, El Dorado; Pete DeGraaf, Mulvane; Kyle Hoffman, Coldwater; Steve Huebert, Valley Center; Kasha Kelley, Arkansas City; Don Schroeder, Hesston.

Republicans absent: Gene Suellentrop, Wichita; Virgil Peck, Tyro; Marc Rhoades, Newton; Joe Seiwert, Pretty Prairie.

This story was originally published February 5, 2016 at 12:20 PM with the headline "Bill protecting underage drinkers who call for help sent to Kansas governor."

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