PRINTER'S NO. 1122
No. 1020 Session of 1987
INTRODUCED BY CALTAGIRONE, DALEY, TIGUE, STEWART, REBER, NOYE,
J. L. WRIGHT, DeWEESE, HALUSKA, WAMBACH, PRESSMANN, LaGROTTA,
MORRIS, TRELLO, CLYMER, KENNEY, TELEK, SAURMAN, FOX, COHEN,
STABACK, BELARDI, McHALE, J. TAYLOR, E. Z. TAYLOR, MAIALE,
HOWLETT AND VEON, APRIL 7, 1987
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, APRIL 7, 1987
AN ACT
1 Amending the act of July 9, 1976 (P.L.817, No.143), entitled "An
2 act relating to mental health procedures; providing for the
3 treatment and rights of mentally disabled persons, for
4 voluntary and involuntary examination and treatment and for
5 determinations affecting those charged with crime or under
6 sentence," providing for the commitment of obviously mentally
7 ill persons.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 301 of the act of July 9, 1976 (P.L.817,
11 No.143), known as the Mental Health Procedures Act, amended
12 November 26, 1978 (P.L.1362, No.324), is amended to read:
13 Section 301. Persons Who May be Subject to Involuntary
14 Emergency Examination and Treatment.--(a) Persons Subject.--
15 Whenever a person is severely mentally disabled or obviously
16 mentally ill and in need of immediate treatment, he may be made
17 subject to involuntary emergency examination and treatment. A
18 person is severely mentally disabled when, as a result of mental
19 illness, his capacity to exercise self-control, judgment and
1 discretion in the conduct of his affairs and social relations or
2 to care for his own personal needs is so lessened that he poses
3 a clear and present danger of harm to others or to himself.
4 (b) Determination of Clear and Present Danger.--(1) Clear
5 and present danger to others shall be shown by establishing that
6 within the past 30 days the person has inflicted or attempted to
7 inflict serious bodily harm on another and that there is a
8 reasonable probability that such conduct will be repeated. If,
9 however, the person has been found incompetent to be tried or
10 has been acquitted by reason of lack of criminal responsibility
11 on charges arising from conduct involving infliction of or
12 attempt to inflict substantial bodily harm on another, such 30-
13 day limitation shall not apply so long as an application for
14 examination and treatment is filed within 30 days after the date
15 of such determination or verdict. In such case, a clear and
16 present danger to others may be shown by establishing that the
17 conduct charged in the criminal proceeding did occur, and that
18 there is a reasonable probability that such conduct will be
19 repeated. For the purpose of this section, a clear and present
20 danger of harm to others may be demonstrated by proof that the
21 person has made threats of harm and has committed acts in
22 furtherance of the threat to commit harm.
23 (2) Clear and present danger to himself shall be shown by
24 establishing that within the past 30 days:
25 (i) the person has acted in such manner as to evidence that
26 he would be unable, without care, supervision and the continued
27 assistance of others, to satisfy his need for nourishment,
28 personal or medical care, shelter, or self-protection and
29 safety, and that there is a reasonable probability that death,
30 serious bodily injury or serious physical debilitation would
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1 ensue within 30 days unless adequate treatment were afforded
2 under this act; or
3 (ii) the person has attempted suicide and that there is the
4 reasonable probability of suicide unless adequate treatment is
5 afforded under this act. For the purposes of this subsection, a
6 clear and present danger may be demonstrated by the proof that
7 the person has made threats to commit suicide and has committed
8 acts which are in furtherance of the threat to commit suicide;
9 or
10 (iii) the person has substantially mutilated himself or
11 attempted to mutilate himself substantially and that there is
12 the reasonable probability of mutilation unless adequate
13 treatment is afforded under this act. For the purposes of this
14 subsection, a clear and present danger shall be established by
15 proof that the person has made threats to commit mutilation and
16 has committed acts which are in furtherance of the threat to
17 commit mutilation.
18 (c) Obviously Ill.--A person is obviously ill if the
19 person's current behavior and previous history of mental
20 illness, if known, indicate a serious mental or emotional
21 illness and if the person is incapable of understanding the
22 risks to health and safety involved in refusing treatment, the
23 advantages of accepting treatment, and the alternatives to the
24 particular treatment offered, after the advantages, risks and
25 alternatives have been explained to the person.
26 Section 2. This act shall take effect in 60 days.
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