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PRINTER'S NO. 671
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
658
Session of
2019
INTRODUCED BY MURT, HILL-EVANS, KINSEY, ISAACSON, CALTAGIRONE
AND KIRKLAND, MARCH 1, 2019
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 1, 2019
AN ACT
Amending the act of July 9, 1976 (P.L.817, No.143), entitled "An
act relating to mental health procedures; providing for the
treatment and rights of mentally disabled persons, for
voluntary and involuntary examination and treatment and for
determinations affecting those charged with crime or under
sentence," in involuntary examination and treatment, further
providing for persons who may be subject to involuntary
emergency examination and treatment.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 301(b) of the act of July 9, 1976
(P.L.817, No.143), known as the Mental Health Procedures Act, is
amended to read:
Section 301. Persons Who May be Subject to Involuntary
Emergency Examination and Treatment.--* * *
(b) Determination of Clear and Present Danger.--(1) Clear
and present danger to others shall be shown by establishing that
within the past 30 days the person has inflicted or attempted to
inflict serious bodily harm on another and that there is a
reasonable probability that such conduct will be repeated. If,
however, the person has been found incompetent to be tried or
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has been acquitted by reason of lack of criminal responsibility
on charges arising from conduct involving infliction of or
attempt to inflict substantial bodily harm on another, such 30-
day limitation shall not apply so long as an application for
examination and treatment is filed within 30 days after the date
of such determination or verdict. In such case, a clear and
present danger to others may be shown by establishing that the
conduct charged in the criminal proceeding did occur, and that
there is a reasonable probability that such conduct will be
repeated. For the purpose of this section, a clear and present
danger of harm to others may be demonstrated by proof that the
person has made threats of harm and has committed acts in
furtherance of the threat to commit harm.
(2) Clear and present danger to himself shall be shown by
establishing that within the past 30 days:
(i) the person has acted in such manner as to evidence that
he would be unable, without care, supervision and the continued
assistance of others, to satisfy his need for nourishment,
personal or medical care, shelter, or self-protection and
safety, and that there is a reasonable probability that death,
serious bodily injury or serious physical debilitation would
ensue [within 30 days] unless adequate treatment were afforded
under this act; or
(ii) the person has attempted suicide and that there is the
reasonable probability of suicide unless adequate treatment is
afforded under this act. For the purposes of this subsection, a
clear and present danger may be demonstrated by the proof that
the person has made threats to commit suicide and has committed
acts which are in furtherance of the threat to commit suicide;
or
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(iii) the person has substantially mutilated himself or
attempted to mutilate himself substantially and that there is
the reasonable probability of mutilation unless adequate
treatment is afforded under this act. For the purposes of this
subsection, a clear and present danger shall be established by
proof that the person has made threats to commit mutilation and
has committed acts which are in furtherance of the threat to
commit mutilation.
* * *
Section 2. This act shall take effect in 60 days.
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