(1) The following words shall have the meanings described herein, unless the context otherwise indicates:(a) “Person” means a victim of or a witness to a sexual offense.(b) “Sexual offense” means any alleged violation of Section 97-3-65, 97-3-95, 97-5-23, 97-5-24, 97-5-41, 97-29-3 or 97-29-7, whether or not a civil or criminal action arises as a result of the alleged violation.
(a) “Person” means a victim of or a witness to a sexual offense.
(b) “Sexual offense” means any alleged violation of Section 97-3-65, 97-3-95, 97-5-23, 97-5-24, 97-5-41, 97-29-3 or 97-29-7, whether or not a civil or criminal action arises as a result of the alleged violation.
(2) A peace officer shall not issue a citation, take a person into custody, or make an arrest, based solely on the commission of an offense involving alcohol if the peace officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that all of the following apply:(a) The peace officer has contact with the person because the person acting in good faith requested:(i) Emergency medical assistance for an individual who reasonably appeared to be in need of medical assistance due to alcohol consumption and the person did not illegally provide alcohol to the individual; or(ii) Assistance from a medical provider or a law enforcement officer for a sexual offense or sought to report a sexual offense;(b) The person:(i) Provided his full name and any other relevant information requested by the peace officer; and(ii) For persons under paragraph (a)(i) of this subsection,1. Remained at the scene with the individual who reasonably appeared to be in need of medical assistance due to alcohol consumption until emergency medical assistance arrived; and2. Cooperated with emergency medical assistance personnel and peace officers at the scene; and(c) The evidence for an offense involving alcohol was obtained as a result of the individual’s actions under subsection (2)(a) of this section.
(a) The peace officer has contact with the person because the person acting in good faith requested:(i) Emergency medical assistance for an individual who reasonably appeared to be in need of medical assistance due to alcohol consumption and the person did not illegally provide alcohol to the individual; or(ii) Assistance from a medical provider or a law enforcement officer for a sexual offense or sought to report a sexual offense;
(i) Emergency medical assistance for an individual who reasonably appeared to be in need of medical assistance due to alcohol consumption and the person did not illegally provide alcohol to the individual; or
(ii) Assistance from a medical provider or a law enforcement officer for a sexual offense or sought to report a sexual offense;
(b) The person:(i) Provided his full name and any other relevant information requested by the peace officer; and(ii) For persons under paragraph (a)(i) of this subsection,1. Remained at the scene with the individual who reasonably appeared to be in need of medical assistance due to alcohol consumption until emergency medical assistance arrived; and2. Cooperated with emergency medical assistance personnel and peace officers at the scene; and
(i) Provided his full name and any other relevant information requested by the peace officer; and
(ii) For persons under paragraph (a)(i) of this subsection,1. Remained at the scene with the individual who reasonably appeared to be in need of medical assistance due to alcohol consumption until emergency medical assistance arrived; and2. Cooperated with emergency medical assistance personnel and peace officers at the scene; and
1. Remained at the scene with the individual who reasonably appeared to be in need of medical assistance due to alcohol consumption until emergency medical assistance arrived; and
2. Cooperated with emergency medical assistance personnel and peace officers at the scene; and
(c) The evidence for an offense involving alcohol was obtained as a result of the individual’s actions under subsection (2)(a) of this section.
(3) A person who meets the criteria of subsection (2) of this section shall be immune from criminal prosecution for any offense related solely to the possession and consumption of alcohol.
(4) A person’s pretrial release, probation, supervised release, or parole shall not be revoked based on an incident for which the person would be immune from prosecution under subsection (3) of this section.
(5) A person shall not initiate or maintain an action against a peace officer or the employing state agency or political subdivision based on the officer’s compliance or failure to comply with this section.