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HF 289

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/04/2021 04:44pm

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

Bill Text Versions

Engrossments
Introduction Posted on 01/25/2021

Current Version - as introduced

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A bill for an act
relating to public safety; providing for immunity from prosecution for certain
controlled substance and alcohol violations for sexual assault victim and persons
assisting the victim; proposing coding for new law in Minnesota Statutes, chapter
604A.

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

Section 1.

new text begin [604A.06] AID TO SEXUAL ASSAULT VICTIM.
new text end

new text begin Subdivision 1. new text end

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

new text begin (a) A person
acting in good faith who contacts a 911 operator or first responder to report that a sexual
assault victim is in need of assistance may not be charged or prosecuted for:
new text end

new text begin (1) the possession, sharing, or use of a controlled substance under 152.025, or possession
of drug paraphernalia; and
new text end

new text begin (2) if the person is under the age of 21 years, the possession, purchase, or consumption
of alcoholic beverages under section 340A.503.
new text end

new text begin (b) A person qualifies for the immunities provided in this subdivision only if:
new text end

new text begin (1) the evidence for the charge or prosecution was obtained as a result of the person's
seeking assistance for a sexual assault victim; and
new text end

new text begin (2) the person seeks assistance for a sexual assault victim who is in need of assistance
for an immediate health or safety concern, provided that the person who seeks the assistance
is the first person to seek the assistance, provides a name and contact information, and
remains on the scene until assistance arrives or is provided.
new text end

new text begin (c) This subdivision applies to one or two persons acting in concert with the person
initiating contact provided all the requirements of paragraphs (a) and (b) are met.
new text end

new text begin Subd. 2. new text end

new text begin Person experiencing sexual assault; immunity from prosecution. new text end

new text begin (a) A
sexual assault victim who is in need of assistance may not be charged or prosecuted for:
new text end

new text begin (1) the possession, sharing, or use of a controlled substance under section 152.025, or
possession of drug paraphernalia; and
new text end

new text begin (2) if the victim is under the age of 21 years, the possession, purchase, or consumption
of alcoholic beverages under section 340A.503.
new text end

new text begin (b) A victim qualifies for the immunities provided in this subdivision only if the evidence
for the charge or prosecution was obtained as a result of the request for assistance related
to the sexual assault.
new text end

new text begin Subd. 3. new text end

new text begin Persons on probation or release. new text end

new text begin 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 end

new text begin Subd. 4. new text end

new text begin Effect on other criminal prosecutions. new text end

new text begin (a) The act of providing assistance to
a sexual assault victim may be used as a mitigating factor in a criminal prosecution for
which immunity is not provided.
new text end

new text begin (b) Nothing in this section shall:
new text end

new text begin (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;
new text end

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to actions
arising from incidents occurring on or after that date.
new text end