1.1 A bill for an act
1.2 relating to public safety; requiring a program for responding to mental health crisis
1.3 emergency calls; providing a civil cause of action;amending Minnesota Statutes
1.4 2024, section 403.03, subdivision 1, by adding subdivisions.
1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. TITLE.
1.7 This act may be cited as "Brent's Law."
1.8 Sec. 2. Minnesota Statutes 2024, section 403.03, subdivision 1, is amended to read:
1.9 Subdivision 1.Emergency response services. (a) Services available through a 911
1.10 system must include police, firefighting, and emergency medical and ambulance services.
1.11 Other emergency and civil defense services may be incorporated into the 911 system at the
1.12 discretion of the public agency operating the public safety answering point.
1.13 (b) In addition to ensuring an appropriate response under paragraph (a), the 911 system
1.14 shall must include a referral to mental health crisis teams, as provided under section
1.15 256B.0624, subdivision 4, as primary responders, where available.
1.16 Sec. 3. Minnesota Statutes 2024, section 403.03, is amended by adding a subdivision to
1.17 read:
1.18 Subd. 1a.Recognizing mental health crisis calls. Every public safety answering point
1.19 must maintain a program for the identification of a person in need of mental health crisis
1.20 services by either:
2.1 (1) providing each 911 telecommunicator with training by an academic institution or a
2.2 nationally recognized instruction in the recognition of mental health crises calls and use of
2.3 an evidence-based protocol or script; or
2.4 (2) employing mental health practitioners, as provided in section 245I.04, subdivision
2.5 4, to screen calls for the need for mental health crisis services.
2.6 Sec. 4. Minnesota Statutes 2024, section 403.03, is amended by adding a subdivision to
2.7 read:
2.8 Subd. 1b.Mental health crisis response monitoring and enforcement. The Statewide
2.9 Emergency Communications Board must adopt protocols to ensure that operators of every
2.10 public safety answering point comply with subdivisions 1, paragraph (b); and 1a.
2.11 Sec. 5. Minnesota Statutes 2024, section 403.03, is amended by adding a subdivision to
2.12 read:
2.13 Subd. 5.Civil remedies. (a) A government entity responsible for operating a public
2.14 safety answering point that violates this section is liable to a person or representative of a
2.15 decedent who suffers any damage as a result of the violation, and the person damaged or a
2.16 representative of a decedent may bring an action against the government entity to cover any
2.17 damages sustained plus costs and reasonable attorney fees. In the case of a willful violation,
2.18 the government entity is liable for exemplary damages of not less than $1,000 and not more
2.19 than $15,000 for each violation. The state is deemed to have waived any immunity to a
2.20 cause of action brought under this section.
2.21 (b) A government entity that prevents mental health crisis teams from being dispatched
2.22 as primary responders or interferes with the ability of mental health crisis teams to perform
2.23 their duties is liable to a person or a representative of a decedent who suffers any damage
2.24 as a result of the prevention or interference.
2.25 (c) A government entity that violates or proposes to violate this section may be enjoined
2.26 by the district court. The court may make any order or judgment as may be necessary to
2.27 prevent the use or employment by any person of any practices that violate this section.
2.28 (d) An action filed pursuant to this section may be commenced in the county in which
2.29 the individual alleging damages or seeking relief resides, in the county wherein the
2.30 government entity exists, or, in the case of the state, any county.
2.31 (e) The court must award reasonable attorney fees to a prevailing plaintiff who has
2.32 brought an action under this section.
