Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 243-H.F.No. 922 
           An act relating to crimes; imposing a duty to 
          investigate and render aid when a person is injured in 
          a shooting incident; imposing penalties; providing 
          immunity from civil liability under certain 
          circumstances; amending Minnesota Statutes 1990, 
          section 97A.051, subdivision 2; proposing coding for 
          new law in Minnesota Statutes, chapter 609. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1990, section 97A.051, 
subdivision 2, is amended to read: 
    Subd. 2.  [SUMMARY OF FISH AND GAME LAWS.] (a) The 
commissioner shall prepare a summary of the hunting and fishing 
laws and deliver a sufficient supply to county auditors to 
furnish one copy to each person obtaining a hunting, fishing, or 
trapping license. 
    (b) At the beginning of the summary, under the heading 
"Trespass," the commissioner shall summarize the trespass 
provisions under sections 97B.001 to 97B.945, state that 
conservation officers and peace officers must enforce the 
trespass laws, and state the penalties for trespassing.  
    (c) In the summary the commissioner shall, under the 
heading "Duty to Render Aid," summarize the requirements under 
section 609.662 and state the penalties for failure to render 
aid to a person injured by gunshot. 
    Sec. 2.  [609.662] [SHOOTING VICTIM; DUTY TO RENDER AID.] 
    Subdivision 1.  [DEFINITION.] As used in this section, 
"reasonable assistance" means aid appropriate to the 
circumstances, and includes obtaining or attempting to obtain 
assistance from a conservation or law enforcement officer, or 
from medical personnel. 
    Subd. 2.  [DUTY TO RENDER AID.] (a) A person who discharges 
a firearm and knows or has reason to know that the discharge has 
caused bodily harm to another person, shall: 
    (1) immediately investigate the extent of the person's 
injuries; and 
    (2) render immediate reasonable assistance to the injured 
person. 
    (b) A person who violates this subdivision is guilty of a 
crime and may be sentenced as follows: 
    (1) if the injured person suffered death or great bodily 
harm as a result of the discharge, to imprisonment for not more 
than two years or to payment of a fine of not more than $4,000, 
or both; 
    (2) if the injured person suffered substantial bodily harm 
as a result of the discharge, to imprisonment for not more than 
one year and one day or to payment of a fine of not more than 
$3,000, or both; 
    (3) otherwise, to imprisonment for not more than one year 
or to payment of a fine of not more than $3,000, or both. 
    (c) Notwithstanding section 609.035 or 609.04, a 
prosecution for or conviction under this subdivision is not a 
bar to conviction of or punishment for any other crime committed 
by the defendant as part of the same conduct. 
    Subd. 3.  [DUTY OF WITNESS.] (a) A person who witnesses the 
discharge of a firearm and knows or has reason to know that the 
discharge caused bodily harm to a person shall: 
    (1) immediately investigate the extent of the injuries; and 
    (2) render immediate reasonable assistance to the injured 
person. 
    (b) A person who violates this subdivision is guilty of a 
crime and may be sentenced as follows: 
    (1) if the defendant was a companion of the person who 
discharged the firearm at the time of the discharge, to 
imprisonment for not more than one year or to payment of a fine 
of not more than $3,000, or both; 
    (2) otherwise, to imprisonment for not more than 90 days or 
to payment of a fine of not more than $700, or both.  
    Subd. 4.  [DEFENSE.] It is an affirmative defense to a 
charge under this section if the defendant proves by a 
preponderance of the evidence that the defendant failed to 
investigate or render assistance as required under this section 
because the defendant reasonably perceived that these actions 
could not be taken without a significant risk of bodily harm to 
the defendant or others. 
    Subd. 5.  [WITNESSES; IMMUNITY FROM CIVIL LIABILITY.] Any 
person who is subject to the duty imposed by subdivision 3 who, 
without compensation or expectation of compensation, renders 
assistance to the injured person, is not liable for any civil 
damages as a result of acts or omissions by that person in 
rendering the assistance unless that person acts in a willful 
and wanton or reckless manner in rendering the assistance.  Any 
person who is subject to the duty imposed by subdivision 3 who 
renders assistance during the course of regular employment and 
receives compensation or expects to receive compensation for 
rendering the assistance, shall be excluded from the protection 
of this subdivision. 
    Sec. 3.  [EFFECTIVE DATE.] 
    Section 1 is effective August 1, 1991.  Section 2 is 
effective August 1, 1991, and applies to crimes committed on or 
after that date. 
    Presented to the governor May 24, 1991 
    Signed by the governor May 28, 1991, 9:52 a.m.