HF 3501

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/19/2024 04:43pm

A bill for an act
relating to public safety; criminalizing the fentanyl-related endangerment of a child
or vulnerable adult; addressing the taking of a child into protective custody or the
reporting of vulnerable adult abuse in these circumstances; providing criminal
penalties; proposing coding for new law in Minnesota Statutes, chapter 152.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [152.0251] FENTANYL-RELATED ENDANGERMENT OF CHILDREN
AND VULNERABLE ADULTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the
meanings given.
new text end

new text begin (b) "Child" means any person under the age of 18 years.
new text end

new text begin (c) "Fentanyl" has the meaning given in section 152.01, subdivision 25.
new text end

new text begin (d) "Vulnerable adult" has the meaning given in section 609.232, subdivision 11.
new text end

new text begin Subd. 2. new text end

new text begin Prohibited conduct. new text end

new text begin (a) No person may knowingly engage in any of the
following activities in the presence of a child or vulnerable adult, in the residence of a child
or vulnerable adult, or in a building, structure, conveyance, or outdoor location where a
child or vulnerable adult might reasonably be expected to be present:
new text end

new text begin (1) manufacturing or attempting to manufacture fentanyl; or
new text end

new text begin (2) possessing, consuming, or storing fentanyl.
new text end

new text begin (b) No person may knowingly cause or permit a child or vulnerable adult to inhale, be
exposed to, have contact with, or ingest fentanyl.
new text end

new text begin Subd. 3. new text end

new text begin Criminal penalty. new text end

new text begin A person who violates subdivision 2 is guilty of a felony
and may be sentenced to imprisonment for not more than five years or to payment of a fine
of not more than $10,000, or both.
new text end

new text begin Subd. 4. new text end

new text begin Multiple sentences. new text end

new text begin Notwithstanding sections 609.035 and 609.04, a prosecution
for or conviction under this section is not a bar to conviction of or punishment for any other
crime committed by the defendant as part of the same conduct.
new text end

new text begin Subd. 5. new text end

new text begin Protective custody. new text end

new text begin A peace officer may take any child present in an area
where any of the activities described in subdivision 2 are taking place into protective custody
in accordance with section 260C.175, subdivision 1, clause (2), item (ii). A child taken into
protective custody under this subdivision shall be provided health screening to assess
potential health concerns related to fentanyl as provided in section 260C.188. A child not
taken into protective custody under this subdivision but who is known to have been exposed
to fentanyl shall be offered health screening for potential health concerns related to fentanyl
as provided in section 260C.188.
new text end

new text begin Subd. 6. new text end

new text begin Reporting maltreatment of a vulnerable adult. new text end

new text begin (a) A peace officer shall make
a report of suspected maltreatment of a vulnerable adult if the vulnerable adult is present
in an area where any of the activities described in subdivision 2 are taking place, and the
peace officer has reason to believe the vulnerable adult inhaled, was exposed to, had contact
with, or ingested fentanyl. The peace officer shall immediately report to the county common
entry point as described in section 626.557, subdivision 9b.
new text end

new text begin (b) As required in section 626.557, subdivision 9b, law enforcement is the primary
agency to conduct investigations of any incident when there is reason to believe a crime
has been committed. Law enforcement shall initiate a response immediately. If the common
entry point notified a county agency for adult protective services, law enforcement shall
cooperate with that county agency when both agencies are involved and shall exchange data
to the extent authorized in section 626.557, subdivision 12b, paragraph (g). County adult
protection shall initiate a response immediately.
new text end

new text begin (c) The county social services agency shall immediately respond as required in section
626.557, subdivision 10, upon receipt of a report from the common entry point staff.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to crimes
committed on or after that date.
new text end