HF 4676

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/30/2022 11:38am

A bill for an act
relating to public safety; expanding the provisions of Steve's law; providing
expanded criminal immunity for good samaritans in certain drug overdose cases;
clarifying employer liability for acts of employees in administering opioid
antagonists; amending Minnesota Statutes 2020, sections 604A.04, by adding a
subdivision; 604A.05.

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

Section 1.

Minnesota Statutes 2020, section 604A.04, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Employer immunity. new text end

new text begin An employer is not liable for any damages for acts or
omissions made by an employee while administering an opiate antagonist in accordance
with subdivisions 2 and 3.
new text end

Sec. 2.

Minnesota Statutes 2020, section 604A.05, is amended to read:

604A.05 GOOD SAMARITAN OVERDOSE MEDICAL new text begin AND OTHER new text end
ASSISTANCE.

Subdivision 1.

Person deleted text begin seeking medical deleted text end new text begin providing new 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 deleted text begin the possession, sharing, or use
of a controlled substance under section 152.023, subdivision 2, clauses (4) and (6), 152.024,
or 152.025, deleted text end new text begin third-degree murder under section 609.195, paragraph (b); first-degree
manslaughter under section 609.20, clause (4); third-degree controlled substance crime
under section 152.023; fourth-degree controlled substance crime under section 152.024;
fifth-degree controlled substance crime under section 152.025; new text end 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 deleted text begin , provided that the person who seeks the medical assistance is the
first person to seek the assistance, provides a name and contact information, remains on the
scene until assistance arrives or is provided, and cooperates with the authorities deleted text end .

Good faith does not include seeking medical assistance new text begin or acting in concert with a person
seeking medical assistance new text end during the course of the execution of an arrest warrant or search
warrant or a lawful search.

Subd. 2.

Person experiencing an overdose; immunity from prosecution.

A person
who experiences a drug-related overdose and is in need of medical assistance may not be
charged or prosecuted for new text begin the sale or new text end possession of a controlled substance under section
152.023 deleted text begin , subdivision 2 deleted text end 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
the evidence for the charge or prosecution was obtained as a result of the drug-related
overdose and the need for medical assistance.

Subd. 3.

Persons on probation or release.

A person's pretrial release, probation,
furlough, supervised release, or parole shall not be revoked based on an incident for which
the person would be immune from prosecution under subdivision 1 or 2.

new text begin Subd. 3a. new text end

new text begin Outstanding warrant. new text end

new text begin A person who is immune from prosecution under
subdivision 1 or 2 may not be arrested at the scene of the drug-related overdose for any of
the listed offenses under subdivision 1 or 2 based on an outstanding arrest warrant for one
of those same offenses that occurred in the past.
new text end

Subd. 4.

Effect on other criminal prosecutions.

(a) The act of providing first aid or
other medical assistance to someone who is experiencing a drug-related overdose may be
used as a mitigating factor in a criminal prosecution for which immunity is not provided.

(b) Nothing in this section shall:

(1) be construed to bar the admissibility of any evidence obtained in connection with
the investigation and prosecution of other crimes or violations committed by a person who
otherwise qualifies for limited immunity under this section;

(2) preclude prosecution of a person on the basis of evidence obtained from an
independent source;

(3) be construed to limit, modify, or remove any immunity from liability currently
available to public entities, public employees by law, or prosecutors; or

(4) prevent probation officers from conducting drug testing of persons on pretrial release,
probation, furlough, supervised release, or parole.

new text begin (c) Evidence obtained from the scene of a drug-related overdose is not admissible in a
criminal proceeding for a crime described in subdivision 1 or 2 against a person who is
immune from prosecution under subdivision 1 or 2.
new text end

Subd. 5.

Drug-related overdose defined.

As used in this section, "drug-related overdose"
means an acute condition, including mania, hysteria, extreme physical illness, or coma,
resulting from the consumption or use of a controlled substance, or another substance with
which a controlled substance was combined, and that a layperson would reasonably believe
to be a drug overdose that requires immediate medical assistance.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to acts
committed on or after that date.
new text end