§ 604A.05 — GOOD SAMARITAN OVERDOSE MEDICAL ASSISTANCE

Minnesota § 604A.05

• Jurisdiction: Minnesota
• Part: CIVIL ACTIONS
• Ch. 604A: CIVIL LIABILITY LIMITATIONS

Text

Subdivision 1.Person providing assistance; immunity from prosecution.
A person acting in good faith who seeks medical assistance for or acts in concert with a person seeking medical assistance for another person who is experiencing a drug-related overdose may not be charged or prosecuted for the possession, sharing, or use of a controlled substance under section152.023, subdivision 2,152.024, or152.025. 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 or acting in concert with a person seeking medical assistance for another person; and
(2) the person seeks medical assistance for or acts in concert with a person seeking medical assistance for another person who is in need of medical assistance for an immediate health or safety concern, 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.
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.

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 possession of a controlled substance under section152.023, subdivision 2, clauses (4) and (6),152.024, or152.025, 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.

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.

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.

Legislative History

2014 c 232 s 4;2024 c 123 art 4 s 11