HF 265

Introduction - 94th Legislature (2025 - 2026)

Posted on 02/10/2025 03:10 p.m.

A bill for an act
relating to public safety; requiring a program for responding to mental health crisis
emergency calls; providing a civil cause of action; amending Minnesota Statutes
2024, section 403.03, subdivision 1, by adding subdivisions.

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

Section 1. new text begin TITLE.
new text end

new text begin This act may be cited as "Brent's Law."
new text end

Sec. 2.

Minnesota Statutes 2024, section 403.03, subdivision 1, is amended to read:

Subdivision 1.

Emergency response services.

(a) Services available through a 911
system must include police, firefighting, and emergency medical and ambulance services.
Other emergency and civil defense services may be incorporated into the 911 system at the
discretion of the public agency operating the public safety answering point.

(b) In addition to ensuring an appropriate response under paragraph (a), the 911 system
deleted text begin shall deleted text end new text begin must new text end include a referral to mental health crisis teams, new text begin as provided under section
256B.0624, subdivision 4, as primary responders, new text end where available.

Sec. 3.

Minnesota Statutes 2024, section 403.03, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Recognizing mental health crisis calls. new text end

new text begin Every public safety answering point
must maintain a program for the identification of a person in need of mental health crisis
services by either:
new text end

new text begin (1) providing each 911 telecommunicator with training by an academic institution or a
nationally recognized instruction in the recognition of mental health crises calls and use of
an evidence-based protocol or script; or
new text end

new text begin (2) employing mental health practitioners, as provided in section 245I.04, subdivision
4, to screen calls for the need for mental health crisis services.
new text end

Sec. 4.

Minnesota Statutes 2024, section 403.03, is amended by adding a subdivision to
read:

new text begin Subd. 1b. new text end

new text begin Mental health crisis response monitoring and enforcement. new text end

new text begin The Statewide
Emergency Communications Board must adopt protocols to ensure that operators of every
public safety answering point comply with subdivisions 1, paragraph (b); and 1a.
new text end

Sec. 5.

Minnesota Statutes 2024, section 403.03, is amended by adding a subdivision to
read:

new text begin Subd. 5. new text end

new text begin Civil remedies. new text end

new text begin (a) A government entity responsible for operating a public
safety answering point that violates this section is liable to a person or representative of a
decedent who suffers any damage as a result of the violation, and the person damaged or a
representative of a decedent may bring an action against the government entity to cover any
damages sustained plus costs and reasonable attorney fees. In the case of a willful violation,
the government entity is liable for exemplary damages of not less than $1,000 and not more
than $15,000 for each violation. The state is deemed to have waived any immunity to a
cause of action brought under this section.
new text end

new text begin (b) A government entity that prevents mental health crisis teams from being dispatched
as primary responders or interferes with the ability of mental health crisis teams to perform
their duties is liable to a person or a representative of a decedent who suffers any damage
as a result of the prevention or interference.
new text end

new text begin (c) A government entity that violates or proposes to violate this section may be enjoined
by the district court. The court may make any order or judgment as may be necessary to
prevent the use or employment by any person of any practices that violate this section.
new text end

new text begin (d) An action filed pursuant to this section may be commenced in the county in which
the individual alleging damages or seeking relief resides, in the county wherein the
government entity exists, or, in the case of the state, any county.
new text end

new text begin (e) The court must award reasonable attorney fees to a prevailing plaintiff who has
brought an action under this section.
new text end