Minnesota 2023-2024 Regular Session

Minnesota Senate Bill SF1617

Introduced
2/13/23  

Caption

Administering controlled substances without a prescription crime creation; bill of rights for protected persons violation crime creation

Impact

The bill introduces criminal penalties for legal guardians who violate the rights of protected persons. Specifically, it makes it a crime to prevent a protected individual from exercising their rights, carrying a penalty of imprisonment or fines. Furthermore, the bill addresses the administration of controlled substances without a prescription, defining it as criminal abuse. This change aims to protect vulnerable adults from exploitation and abuse, thereby aligning state law more closely with safeguarding individual rights.

Summary

SF1617 aims to strengthen the rights of individuals under guardianship or conservatorship in Minnesota by providing a bill of rights that ensures they retain certain personal liberties unless restricted by a court. This includes rights to dignity, privacy, and participation in decisions regarding their medical and personal care. The bill underscores the importance of respecting previously stated desires and preferences of the persons concerned, which is pivotal in enhancing their autonomy.

Contention

While the bill is designed to bolster protections for vulnerable populations, there may be concerns regarding its implementation and the potential for increasing burdens on legal guardians. Some stakeholders may argue about the practicality of enforcing the restrictions placed on guardians, especially in situations where swift decisions regarding medical care are often required. The balance between protecting the rights of the individuals and the responsibilities of the guardians may lead to debates among legislators and advocates for both sides.

Notable_points

The effective date of the amendments is set for August 1, 2023, applying to crimes committed on or after this date, which is significant for enforcing the new law. It represents a substantial shift towards prioritizing the rights of individuals under guardianship, thereby influencing the broader landscape of legal practices regarding conservatorship in Minnesota.

Companion Bills

No companion bills found.

Previously Filed As

MN HF5392

Electronic monitoring requirements modified, private enforcement of rights established, hospice bill of rights modified, licensed home care provider advisory council membership expanded, assisted living facility provisions modified, health care agent powers modified, and guardianship provisions modified.

MN SB2316

Relating to controlled substance prescriptions under the Texas Controlled Substances Act; creating a criminal offense.

MN HF3872

Judiciary provisions policy and technical changes made, including data practices, family law, judiciary policy, guardianships, public defense, and civil law; data classified; and crimes established.

MN HF1909

Guardian governing provisions modified.

MN SF1920

Provisions modification relating to guardians

MN SB2183

Controlled substances; revise certain crimes relating to.

MN HF2432

Judiciary, public safety, and corrections policy and finance bill.

MN HB618

Barrier crimes; possession of controlled substances.

MN AB149

Controlled substances: prescriptions.

MN SF5391

Electronic monitoring requirements modification

Similar Bills

MN SF3438

Guardianship provisions modifications

DE SB119

An Act To Amend Title 13 And Title 31 Of The Delaware Code Relating To Guardianship Of A Child.

TX SB1783

Relating to guardianships, alternatives to guardianship, and supports and services for incapacitated persons.

TX HB3318

Relating to guardianships, alternatives to guardianship, and supports and services for incapacitated persons.

TX SB1129

Relating to guardianships, alternatives to guardianship, and supports and services for incapacitated persons.

MI SB0137

Children: guardians; guardians of tribal children; allow access to guardian funds. Amends secs. 5, 5a, 5b & 6 of 2008 PA 260 (MCL 722.875 et seq.). TIE BAR WITH: SB 0138'23

MN HF3483

Guardian immunity amended, guardianship task force created, and report required.

VT S0005

An act relating to guardianship proceedings