SF 1745

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:23am

A bill for an act
relating to public safety; providing limited immunity from prosecution for a
person who seeks or obtains medical assistance for an alcohol or drug-related
overdose; proposing coding for new law in Minnesota Statutes, chapter 609.

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

Section 1.

new text begin [609.076] OVERDOSE PREVENTION; LIMITED IMMUNITY.
new text end

new text begin (a) A person who, in good faith, seeks medical assistance for someone experiencing
an overdose from alcohol or drugs shall not be charged or prosecuted for underage
consumption of alcohol under section 340A.503 or possession of a controlled substance
under the provisions of chapter 152 if the evidence for the charge of underage consumption
of alcohol or possession of a controlled substance was obtained as a result of the seeking
of medical assistance.
new text end

new text begin (b) A person who experiences an overdose from alcohol or drugs and is in need
of medical assistance shall not be charged or prosecuted for underage consumption
of alcohol under section 340A.503 or possession of a controlled substance under the
provisions of chapter 152 if the evidence for the charge of underage consumption of
alcohol or possession of a controlled substance was obtained as a result of the overdose
and the need for medical assistance.
new text end

new text begin (c) The act of seeking medical assistance for someone who is experiencing
an overdose from alcohol or drugs may be used as a mitigating factor in a criminal
prosecution under chapter 152.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end