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HF 3812

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/18/2024 03:50pm

KEY: stricken = removed, old language.
underscored = added, new language.
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Bill Text Versions

Engrossments
Introduction Posted on 02/14/2024
1st Engrossment Posted on 02/28/2024

Current Version - 1st Engrossment

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A bill for an act
 relating to public safety; providing immunity for individuals assisting another to
seek medical assistance for a drug-related overdose; amending Minnesota Statutes
2022, section 604A.05, subdivision 1.

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

Section 1.

Minnesota Statutes 2022, section 604A.05, subdivision 1, is amended to read:


Subdivision 1.

Person deleted text begin seeking medicaldeleted text end new text begin providingnew text end assistance; immunity from
prosecution.

A person acting in good faith who seeks medical assistance for new text begin or acts in
concert with a person seeking medical assistance for new text end another person who is experiencing a
drug-related overdose may not be charged or prosecuted for the possession, sharing, or use
of a controlled substance under section 152.023, subdivision 2, deleted text begin clauses (4) and (6),deleted text end 152.024,
or 152.025, or possession of drug paraphernalia. A person qualifies for the immunities
provided in this subdivision only if:

(1) the evidence for the charge or prosecution was obtained as a result of the person's
seeking medical assistance for new text begin or acting in concert with a person seeking medical assistance
for new text end another person; and

(2) the person seeks medical assistance for new text begin or acts in concert with a person seeking
medical assistance for new text end another person who is in need of medical assistance for an immediate
health or safety concern, provided that the person deleted text begin who seeks the medical assistance is the
deleted text end deleted text begin first person to seek the assistance,deleted text end provides a name and contact information, remains on the
scene until assistance arrives or is provided, and cooperates with the authorities.

Good faith does not include seeking medical assistance during the course of the execution
of an arrest warrant or search warrant or a lawful search.

new text begin EFFECTIVE DATE. new text end

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