PRINTER'S NO. 2092
No. 1710 Session of 1979
INTRODUCED BY McMONAGLE, GIAMMARCO, McINTYRE, PISTELLA, LEVIN,
COLE, BROWN, DeWEESE, COHEN, O'DONNELL, BARBER, HOEFFEL,
WHITE, PERZEL, McKELVEY AND RIEGER, SEPTEMBER 18, 1979
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 18, 1979
AN ACT
1 Requiring arresting and custodial officers to examine certain
2 persons for medical bracelets or necklaces, to take action on
3 the discovery thereof and providing a penalty.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. (a) Whenever a law enforcement officer arrests a
7 person who is unconscious, semiconscious or otherwise apparently
8 suffering from a disabling condition and unable to provide
9 information on the cause of the condition, he shall make a
10 reasonable effort to determine whether the person arrested is
11 wearing a bracelet or necklace containing the emergency alert
12 symbol of the Medic Alert Foundation to indicate that he suffers
13 from diabetes, epilepsy, a cardiac condition, or any other form
14 of illness which would cause a loss of consciousness. If such
15 symbol is found indicating that the person being arrested
16 suffers from such a condition, the officer shall make a
17 reasonable effort to have appropriate medical care provided.
18 (b) Failure of a law enforcement officer to make a
1 reasonable effort to discover such an emergency alert symbol
2 shall not constitute negligence, but may be considered along
3 with other evidence to determine whether the officer made a
4 reasonable effort to have appropriate medical care provided for
5 the person in his custody.
6 (c) A person who is provided medical care under the
7 provisions of this section shall be liable for the reasonable
8 costs of that care unless he is indigent.
9 Section 2. (a) Whenever a custodial officer of a
10 confinement facility takes custody of a prisoner who is
11 unconscious, semiconscious or otherwise apparently suffering
12 from a disabling condition and unable to provide information on
13 the cause of the condition he shall make a reasonable effort to
14 determine whether the prisoner is wearing a bracelet or necklace
15 containing the emergency alert symbol of the Medic Alert
16 Foundation to indicate that he suffers from diabetes, epilepsy,
17 a cardiac condition or any other form of illness which would
18 cause a loss of consciousness. If such a symbol is found
19 indicating that the prisoner suffers from such a condition the
20 officer shall make a reasonable effort to have appropriate
21 medical care provided.
22 (b) Failure of a custodial officer of a confinement facility
23 to make a reasonable effort to discover such an emergency alert
24 symbol shall not constitute negligence but may be considered
25 along with other evidence to determine whether the officer made
26 a reasonable effort to have appropriate medical care provided
27 for the prisoner in his custody.
28 (c) A prisoner who is provided medical care under the
29 provisions of this section shall be liable for the reasonable
30 costs of that care unless he is indigent.
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1 Section 3. Willful false representation of the existence of
2 diabetes, epilepsy, a cardiac condition or other disabling
3 condition producing an apparent inability to provide information
4 as to the cause of the condition shall be a misdemeanor of the
5 third degree.
6 Section 4. This act shall take effect in 60 days.
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