Good Samaritan Clause Won't Hinge on Number Dialed, Attorney Says

Madison's governing body on Wednesday unanimously approved a Good Samaritan amendment to the borough's new law banning underage drinking on private property.

The law was amended to encourage people to call for medical help if needed without fear of prosecution. The Borough Council adopted the amendment at its Wednesday night meeting after a public hearing in which Tim Andres, the budget and appropriations chair for Drew University's Student Government, brought up a "minor concern with wording" in the law.

While the law says there is protection for those who call 9-1-1, Andres said Drew students are taught from Day 1 to call the university's Public Safety Department instead. He also said there could be instances where someone might flag down an officer for help instead of calling.

Madison Borough Attorney Matthew Giacobbe said it would not matter which emergency number was called.

"This whole ordinance gives the municipal judge great discretion," he said. If a student called Public Safety and complied with the spirit of the law, they still would be protected, he said.

Andres opened his comments by thanking the governing body for introducing the amendments.

"I think we can all agree when someone's life is in danger no one should be afraid to call for help," he said.

To be protected, the law as written says an underage person would be the first to call 9-1-1, give their name to the dispatcher, wait with the person in need of help, and cooperate with law enforcement and medical responders at the scene. Two other underage people with them also could be protected.

It also says the municipal court judge may waive penalties if a defendant is enrolled in a school that already has penalized them for the offense.

The underage drinking ban, which has exceptions for those who drink with the presence and permission of a guardian or relative over 21, went into effect on May 20. Officials delayed when it would take hold until after Drew University's graduation because of concerns about the lack of a Good Samaritan provision.

Those caught violating the law could face fines and the possible suspension or postponement of driving privileges.

Earlier this month, Gov. Chris Christie signed a Good Samaritan law that encourages the reporting of drug overdoses by protecting people involved from drug possession charges. Christie, who initially opposed the measure, was joined at the signing by rock star Jon Bon Jovi, whose daughter survived an overdose months before.