Lawmakers pass bill that protects underage drinkers who call 911

Underage drinkers would not be charged if they called for medical help in a bill initially passed by the Kansas House on Thursday.

The bill essentially acts as a Good Samaritan law, which protects people from charges if they call Emergency Medical Services to report alcohol poisoning or another medical problem related to drinking.

The bill was passed by the Senate last year, so it will go to Gov. Sam Brownback’s desk if the House gives it final approval Friday.

Rep. Tom Phillips, R-Manhattan, who carried the bill to the House floor, said it aims to prevent alcohol poisoning and deaths among college students who drink.

“We do need to encourage youth to make the right decision to bring help when there is a need for medical services,” Phillips said.

Underage drinkers would be “immune from criminal prosecution” if they called law enforcement or EMS on behalf of themselves or other drinkers who needed medical help. They also would have to cooperate and remain on the scene.

Phillips said the bill had the support of college student leaders and law enforcement groups.

Supporters said the bill was not meant to encourage underage drinking, but to acknowledge that it exists and avoid preventable emergencies.

“I used to live a few blocks from KU and I can attest there is underage drinking at the University of Kansas,” Rep. Dennis “Boog” Highberger, D-Lawrence, said to laughter.

Rep. James Todd, R-Overland Park, said the bill is about making sure people don’t hesitate to call 911 if someone needs medical help.

“We don’t want to keep police and paramedics from being called when there is a bad situation,” Todd said.

SB 133 did have some opposition on the House floor Thursday.

Rep. John Whitmer, R-Wichita, said the bill goes far beyond encouraging people to call for help or showing compassion to kids who use poor judgment and drink too much.

“It creates amnesty and immunity to habitual drinkers who have serious drinking problems,” Whitmer said. “This bill effectively creates a preferred class of offenders.”

Whitmer wanted to amend the bill to require notifying the drinker’s parents or guardians. He also wanted the bill to include diversion programs and penalties for repeat offenders.

“Somebody has to be notified and someone has to be held accountable,” Whitmer said. “Amnesty and immunity is not the answer. … Actions should have consequences.”

Multiple lawmakers argued that those changes would have defeated the entire point of the bill.

“This bill is not about punishment,” said Rep. John Carmichael, D-Wichita. “If you start imposing hoops and diversions and driver’s license suspensions in this context, it defeats the entire purpose of what we’re doing here. This is about saving children’s lives.”

Rep. Michael Houser, R-Augusta, supported the amendment, saying that letting people off the hook could lead to the same 911 calls every weekend or two.

Whitmer’s amendment was defeated by a 37-80 margin. Some representatives still had issues with the bill.

“Sometimes, it’s the consequences to actions lead people to change their actions,” said Rep. Joseph Scapa, R-Wichita. “People need to make the right decision (to call 911) because it’s the right decision, not because they have immunity.”

The bill ultimately passed on a voice vote after about 25 minutes of debate.

“If this bill saves one life, it’s worth it,” said Rep. Brett Hildabrand, R-Shawnee.

This story was originally published February 4, 2016 at 5:28 PM with the headline "Lawmakers pass bill that protects underage drinkers who call 911."