Liability limitation of bystanders of drug-related overdoses

A bill for an act

relating to civil actions; limiting liability of bystanders of drug-related overdoses;

amending Minnesota Statutes 2024, section 604A.05; Minnesota Statutes 2025

Supplement, section 260E.03, subdivision 15.

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

Section 1.

Minnesota Statutes 2025 Supplement, section 260E.03, subdivision 15, is

amended to read:

Subd. 15.

Neglect.

(a) "Neglect" means the commission or omission of any of the acts

specified under clauses (1) to (8), other than by accidental means:

(1) failure by a person responsible for a child's care to supply a child with necessary

food, clothing, shelter, health, medical, or other care required for the child's physical or

mental health when reasonably able to do so;

(2) failure to protect a child from conditions or actions that seriously endanger the child's

physical or mental health when reasonably able to do so, including a growth delay, which

may be referred to as a failure to thrive, that has been diagnosed by a physician and is due

to parental neglect;

(3) failure to provide for necessary supervision or child care arrangements appropriate

for a child after considering factors as the child's age, mental ability, physical condition,

length of absence, or environment, when the child is unable to care for the child's own basic

needs or safety, or the basic needs or safety of another child in their care;

(4) failure to ensure that the child is educated as defined in sections
120A.22
and

260C.163, subdivision 11
, which does not include a parent's refusal to provide the parent's

child with sympathomimetic medications, consistent with section
125A.091, subdivision

5;

(5) prenatal exposure to a controlled substance, as defined in section
253B.02, subdivision

2, used by the mother for a nonmedical purpose, as evidenced by withdrawal symptoms in

the child at birth, results of a toxicology test performed on the mother at delivery or the

child at birth, medical effects or developmental delays during the child's first year of life

that medically indicate prenatal exposure to a controlled substance, or the presence of a

fetal alcohol spectrum disorder;

(6) medical neglect, as defined in section
260C.007, subdivision 6
, clause (5);

(7) chronic and severe use of alcohol or a controlled substance by a person responsible

for the child's care that adversely affects the child's basic needs and safety
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, except that

alcohol or controlled substance use shall not be prima facie evidence of neglect when the

person is voluntarily and regularly participating in a recognized rehabilitative program. The

sole fact that an individual acts in accordance with section 604A.05 without a separate

finding that the child's physical, mental, or emotional condition was or is in imminent danger

of becoming impaired as established by a preponderance of the evidence shall not be

sufficient to establish prima facie evidence of neglect
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; or

(8) emotional harm from a pattern of behavior that contributes to impaired emotional

functioning of the child which may be demonstrated by a substantial and observable effect

in the child's behavior, emotional response, or cognition that is not within the normal range

for the child's age and stage of development, with due regard to the child's culture.

(b) Nothing in this chapter shall be construed to mean that a child is neglected solely

because the child's parent, guardian, or other person responsible for the child's care in good

faith selects and depends upon spiritual means or prayer for treatment or care of disease or

remedial care of the child in lieu of medical care.

(c) This chapter does not impose upon persons not otherwise legally responsible for

providing a child with necessary food, clothing, shelter, education, or medical care a duty

to provide that care.

(d) Nothing in this chapter shall be construed to mean that a child who has a mental,

physical, or emotional condition is neglected solely because the child remains in an

emergency department or hospital setting because services, including residential treatment,

that are deemed necessary by the child's medical or mental health care professional or county

case manager are not available to the child's parent, guardian, or other person responsible

for the child's care, and the child cannot be safely discharged to the child's family.

Sec. 2.

Minnesota Statutes 2024, section 604A.05, is amended to read:

604A.05 GOOD SAMARITAN OVERDOSE MEDICAL ASSISTANCE.

Subdivision 1.

Person providing assistance; immunity from
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arrest, charge, and
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prosecution.

A person acting in good faith who seeks medical assistance for
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or acts in

concert with a person seeking medical assistance for
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another person who is experiencing a

drug-related overdose may not be
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arrested,
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charged
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,
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or prosecuted
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for the possession, sharing,

or use of a controlled substance under section
152.023, subdivision 2
,
152.024
, or
152.025
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except for an excluded crime
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.
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Except for an excluded crime,
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a person qualifies for the

immunities provided in this subdivision only if:

(1) the evidence for the
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arrest,
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charge
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,
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or prosecution was obtained as a result of the

person's seeking medical assistance for
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or acting in concert with a person seeking medical

assistance for
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another person; and

(2) the person seeks medical assistance for
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or acts in concert with a person seeking

medical assistance for
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another person who is in need of medical assistance for an immediate

health or safety concern
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, provided that the person provides a name and contact information,

remains on the scene until assistance arrives or is provided, and cooperates with the

authorities
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.

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.

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Subd. 1a.

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Definitions.

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(a) For purposes of this section the following terms have the

meanings given.

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(b) "Bystander" means any person who is present at or in the immediate vicinity of an

individual experiencing a suspected drug-related overdose, including but not limited to

persons who are at the same address, residence, vehicle, or outdoor location where the

overdose is occurring.

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(c) "Drug-related overdose" means an acute condition, including mania, hysteria, extreme

physical illness, respiratory depression or arrest, unconsciousness, 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.

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(d) "Excluded crime" means a crime that does not qualify for immunity as described in

subdivisions 1, 2, and 2a. The following crimes are excluded crimes:

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(1) homicide and bodily harm crimes, as described in sections 609.18 to 609.2114;

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(2) crimes against the person, as described in sections 609.221 to 609.2241, 609.2242

to 609.2247, 609.229 to 609.233, and 609.245 to 609.265;

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(3) sex and labor trafficking crimes, as described in sections 609.281 to 609.284;

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(4) sex crimes, as described in sections 609.322 and 609.342 to 609.353;

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(5) crimes against the family, as described in sections 609.365 and 609.377 to 609.38;

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(6) arson, as described in sections 609.561 to 609.5632;

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(7) unlawful transfer of a firearm to a minor, as described in section 609.66, subdivision

1b;

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(8) violation of a restraining order, as described in section 609.748, subdivision 6;

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(9) harassment and stalking, as described in section 609.749;

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(10) a crime not listed in this paragraph that was committed against a person who was

less than 18 years of age at the time the crime was committed;

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(11) criminal attempt, as described in section 609.17, to commit a crime listed in clauses

(1) to (10);

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(12) criminal conspiracy, as described in section 609.175, to commit a crime listed in

clauses (1) to (10); or

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(13) driving while impaired in the first or second degree, as described in sections 169A.24

and 169A.25.

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Subd. 2.

Person experiencing an overdose; immunity from
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arrest, charge, and
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prosecution.

A person who experiences a drug-related overdose and is in need of medical

assistance may not be
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arrested,
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charged
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,
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or prosecuted
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for possession of a controlled

substance under section
152.023, subdivision 2
, clauses (4) and (6),
152.024
, or
152.025
,

or possession of drug paraphernalia
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except for an excluded crime
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.
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Except for an excluded

crime,
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a person qualifies for the immunities provided in this subdivision only if the evidence

for the
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arrest,
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charge
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,
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or prosecution was obtained as a result of the drug-related overdose

and the need for medical assistance.

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Subd. 2a.

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Bystander; immunity from arrest, charge, and prosecution.

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A bystander

may not be arrested, charged, or prosecuted except for an excluded crime. Except for an

excluded crime, a bystander qualifies for the immunities provided in this subdivision only

if the evidence for the arrest, charge, or prosecution was obtained as a result of the

drug-related overdose and the need for medical assistance.

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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
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or
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,
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2
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, or 2a
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.

Subd. 4.

Effect on other criminal prosecutions.

(a) The act of
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seeking medical assistance

or
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providing
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first aid or other
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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:

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(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;

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(2)
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(1)
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preclude prosecution of a person on the basis of evidence obtained from an

independent source;

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(3)
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(2)
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be construed to limit, modify, or remove any immunity from liability currently

available to public entities, public employees by law, or prosecutors; or

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(4)
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(3)
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prevent probation officers from conducting drug testing of persons on pretrial

release, probation, furlough, supervised release, or parole.

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Subd. 5.

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Drug-related overdose defined.

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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.

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Subd. 6.

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Occupational licensing, employment, education, housing, and child welfare

protections for persons with immunity.

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A person who has immunity under this section

must not:

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(1) be subject to arrest, prosecution, or penalty in any manner or denied any right or

privilege, including but not limited to civil liability or disciplinary action by a business or

occupational or professional licensing board or office, for conduct granted immunity under

this section;

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(2) be refused by a landlord, as defined under section 504B.001, subdivision 7, the

opportunity to enter into a lease or otherwise be penalized or retaliated against by a landlord

solely for conduct granted immunity under this section;

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(3) be refused enrollment or otherwise be penalized by a public or private school, primary

school, secondary school, college, university, or other bona fide educational institution

solely for conduct granted immunity under this section; or

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(4) be denied custody of or visitation or parenting time with a minor child under chapters

260C and 260E solely for conduct granted immunity under this section unless the child's

physical, mental, or emotional condition has been or is in imminent danger of becoming

impaired as a result of the person's behavior as established by a preponderance of the

evidence. A denial cannot be based solely on whether, when, and how often a person seeks

medical assistance for, or is a bystander to, a drug-related overdose.

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Sec. 3.
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REVISOR INSTRUCTION.
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The revisor of statutes shall renumber section 604A.05, subdivision 1, as section 604A.05,

subdivision 1b. The revisor shall also make necessary cross-reference changes consistent

with the renumbering.

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