HF3613 (Legislative Session 94 (2025-2026))
Liability of bystanders of drug-related overdoses limited.
Related bill: SF3731
AI Generated Summary
Purpose
- The bill aims to reduce civil liability for bystanders and others who are involved when a drug-related overdose occurs, and to strengthen protections for people who seek medical help or assist someone in an overdose situation. It also adds new criteria for what counts as neglect in child welfare cases.
Main Provisions
Good Samaritan overdose protections
- Immunity for people who seek medical help for someone experiencing a drug-related overdose, and for others who act in concert with them.
- Immunity from arrest, charging, or prosecution for possession, sharing, or use of a controlled substance, with certain crimes excluded.
- Immunity applies only if:
- The arrest or charging evidence came from the overdose emergency and from seeking or providing help.
- The person cooperates with authorities, stays on scene, and provides name/contact information.
- Immunity does not apply to certain serious crimes (listed as “excluded crimes”).
Bystander protections
- A bystander present during an overdose may also be immune from arrest, charging, or prosecution for possession or related offenses, with the same exclusions for certain crimes.
Definitions and key terms
- Bystander: a person nearby an overdose, including those at the same address, vehicle, or location.
- Drug-related overdose: an acute condition (e.g., severe illness, respiratory depression, unconsciousness) from a drug or a combined substance, requiring immediate medical help.
- Excluded crime: a specified list of serious offenses for which immunity does not apply (examples include homicide, several violent crimes, trafficking, sex crimes, arson, illegal firearm transfers to a minor, restraining order violations, harassment/stalking, and certain other listed offenses).
- Good faith: how the immunity protections are intended to work, including the conditions under which they apply.
Protections related to housing, employment, education, and child welfare
- People who have immunity cannot be denied housing opportunities, employment, education, or custody/visitation rights solely because of conduct covered by the immunity.
- A denial or discipline cannot be based solely on the immune conduct unless the person’s child is in imminent danger due to that conduct.
- Immunity does not limit other investigations or prosecutions based on independent evidence or other crimes.
Effects on other prosecutions and penalties
- Seeking medical help or providing medical assistance for an overdose may be used as a mitigating factor in prosecutions for crimes that are not covered by immunity.
- The fact that immunity applies does not automatically bar other charges or evidence arising from separate, independent sources.
Pretrial release, probation, and parole
- If a person would be immune under the bill for an overdose-related incident, their pretrial release, probation, furlough, supervised release, or parole cannot be revoked solely because of that incident.
Renumbering and technical changes
- The bill instructs a revisor to renumber a subdivision of Minnesota Statutes 604A.05 and adjust cross-references accordingly.
Significant Changes to Existing Law
Expansion of neglect definitions
- Adds several specific categories to neglect under the child protection laws, including:
- Failure to supply basic needs (food, clothing, shelter, health care) when reasonably able.
- Failure to protect a child from harmful conditions or actions.
- Failure to provide appropriate supervision or childcare.
- Failure to ensure education.
- Prenatal exposure to controlled substances or fetal alcohol spectrum effects evidenced at birth or in infancy.
- Medical neglect and chronic/substance misuse by a guardian that endangers the child’s safety and well-being.
- Emotional harm from a pattern of behavior impacting the child’s emotional functioning.
- Includes exceptions:
- Not neglecting a child solely because a parent uses spiritual means or prayer in place of medical care.
- Not imposing duties on people not legally responsible for a child.
- Not assuming neglect solely because services in a hospital or emergency department are unavailable when needed services are not accessible.
Protection of overdose help under Good Samaritan rules
- Broadly extends immunity to bystanders and those seeking help in overdose situations.
- Sets clear exclusions for certain serious crimes to remain ineligible for immunity.
- Provides protections against housing, employment, education, and child welfare actions based on immune conduct.
- Allows immunity to be used as a mitigating factor in other prosecutions.
Clarifications and limitations
- Immunity is not a blanket shield from all liability or discipline; other investigations and evidence from independent sources can still proceed.
- Immunity does not apply if the person is involved in executing a warrant or a lawful search in a way that defeats the good-faith purpose of seeking help.
- The bill ensures the revisor makes necessary renumbering to align with the new structure.
Potential Effects on People
For individuals who witness an overdose or need to seek help:
- Increased likelihood of calling for help without fearing arrest for minor drug offenses (except for excluded crimes).
- By providing help and cooperating, they can avoid arrest for certain controlled substance offenses.
For families and guardians:
- A broader set of situations can be considered neglect, including prenatal exposure and emotional harm, which could affect child welfare decisions.
For students, workers, and tenants:
- Protections against automatic penalties in housing, education, and employment decisions when conduct falls under immunity protections.
For law enforcement and prosecutors:
- Immunity provisions create specific guidelines about when charges can be brought and how to treat overdose-related incidents in investigations.
Practical Takeaway
- The bill is designed to encourage timely medical help during overdoses and reduce barriers to seeking help by offering legal protections, while also tightening the definition of neglect to address various risks to children.
Relevant Terms - Good Samaritan Overdose Medical Assistance - Immunity (arrest, charge, prosecution) - By-Stander immunity - Drug-related overdose - Excluded crime - Neglect (Minnesota Statutes 260E.03, subdivision 15) - Prenatal exposure to a controlled substance - Fetal alcohol spectrum disorder - Medical neglect - Emotional harm - Pretrial release, probation, furlough, supervised release, parole - Housing, employment, education, child welfare protections - Renumbering (604A.05 subdivision 1 to 1b)
Bill text versions
- Introduction PDF PDF file
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| February 23, 2026 | House | Action | Introduction and first reading, referred to | Judiciary Finance and Civil Law |
Citations
[
{
"analysis": {
"added": [
"Adds/by expands immunities for bystanders and those seeking medical assistance in overdose situations."
],
"removed": [],
"summary": "The bill amends the Good Samaritan Overdose Medical Assistance immunity (Minnesota Statutes, § 604A.05) applicable to individuals seeking medical assistance for overdoses and to bystanders.",
"modified": [
"Clarifies and broadens the scope of immunity provisions under § 604A.05, including related conditions and exceptions."
]
},
"citation": "604A.05",
"subdivision": ""
},
{
"analysis": {
"added": [
"Incorporates expanded factors and examples of neglect activities (e.g., prenatal exposure, medical neglect, education, supervision, etc.)."
],
"removed": [],
"summary": "Minnesota Statutes, § 260E.03 Subd. 15 (Neglect) is amended to read with expanded or clarified definitions of neglect.",
"modified": [
"Broadens the listed acts that constitute neglect and clarifies interplay with other sections (e.g., prenatal exposure, emotional harm)."
]
},
"citation": "260E.03",
"subdivision": "15"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Cross-reference to education obligations within the Neglect definition in § 260E.03(15).",
"modified": [
"Aligns neglect definitions with statutory education requirements."
]
},
"citation": "120A.22",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Cross-reference to education-related provisions (260C.163 Subd. 11) as part of neglect definitions.",
"modified": [
"Ensures consistency with schooling and child education provisions in neglect-related definitions."
]
},
"citation": "260C.163",
"subdivision": "11"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Prenatal exposure to a controlled substance as defined is referenced (Subd. 2) in the neglect framework.",
"modified": [
"Uses prenatal exposure indicators (withdrawal symptoms at birth, toxicology results, etc.) in neglect context."
]
},
"citation": "125A.091",
"subdivision": "2"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Prenatal exposure to a controlled substance as defined is referenced in the neglect framework.",
"modified": [
"Incorporates prenatal exposure indicators into neglect definitions."
]
},
"citation": "253B.02",
"subdivision": "2"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Housing/landlord protections cross-reference related to immunity recipients (504B.001 Subd. 7).",
"modified": [
"Affirms protections for immunity recipients in housing scenarios."
]
},
"citation": "504B.001",
"subdivision": "7"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Exclusion list for immunity including homicide and bodily harm crimes described across multiple sections (609.18 through 609.2114).",
"modified": []
},
"citation": "609.18 to 609.2114",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Additional exclusions from immunity covering crimes within 609.221 to 609.2241.",
"modified": []
},
"citation": "609.221 to 609.2241",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Exclusion related to immunity covering specific 609.2242 provisions mentioned in the bill.",
"modified": []
},
"citation": "609.2242",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Exclusion related to immunity covering 609.2247 provisions mentioned in the bill.",
"modified": []
},
"citation": "609.2247",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Exclusions from immunity spanning 609.229 through 609.233.",
"modified": []
},
"citation": "609.229 to 609.233",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Exclusions from immunity spanning 609.245 through 609.265.",
"modified": []
},
"citation": "609.245 to 609.265",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Exclusions from immunity spanning 609.281 through 609.284.",
"modified": []
},
"citation": "609.281 to 609.284",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Exclusion from immunity for the crime described in 609.322.",
"modified": []
},
"citation": "609.322",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Exclusions from immunity spanning 609.342 through 609.353.",
"modified": []
},
"citation": "609.342 to 609.353",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Exclusion from immunity for the crime described in 609.365.",
"modified": []
},
"citation": "609.365",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Exclusions from immunity spanning 609.377 through 609.38.",
"modified": []
},
"citation": "609.377 to 609.38",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Exclusions from immunity spanning 609.561 through 609.5632.",
"modified": []
},
"citation": "609.561 to 609.5632",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Exclusion related to unlawful transfer of a firearm to a minor (609.66, Subd. 4).",
"modified": []
},
"citation": "609.66",
"subdivision": "4"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Exclusion from immunity for violation of a restraining order as described in 609.748 Subd. 6.",
"modified": []
},
"citation": "609.748",
"subdivision": "6"
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Exclusion from immunity for harassment and stalking crimes described in 609.749.",
"modified": []
},
"citation": "609.749",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Reference to 169A.24 (driving while impaired, etc.) in the context of excluded crimes.",
"modified": []
},
"citation": "169A.24",
"subdivision": ""
},
{
"analysis": {
"added": [],
"removed": [],
"summary": "Reference to 169A.25 (DWIM in certain circumstances) as an excluded crime.",
"modified": []
},
"citation": "169A.25",
"subdivision": ""
}
]Progress through the legislative process
In Committee