PRINTER'S NO. 1466
No. 1276 Session of 1999
INTRODUCED BY McGILL, CLARK, HENNESSEY, THOMAS, CORRIGAN,
SAYLOR, GEIST, KAISER, M. COHEN, FICHTER, L. I. COHEN,
LEDERER, BUNT, WILLIAMS, TRELLO, DeLUCA, CORNELL, BELFANTI,
HARHAI, BENNINGHOFF, CIVERA, BROWNE, STEELMAN, BUTKOVITZ,
E. Z. TAYLOR, J. TAYLOR, FREEMAN AND GLADECK, APRIL 14, 1999
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 14, 1999
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," further providing for involuntary examinations.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 114(a) of the act of July 9, 1976
10 (P.L.817, No.143), known as the Mental Health Procedures Act,
11 amended November 26, 1978 (P.L.1362, No.324), is amended to
12 read:
13 Section 114. Immunity from Civil and Criminal Liability.--
14 (a) In the absence of willful misconduct or gross negligence, a
15 county administrator, a director of a facility, a physician, a
16 peace officer, the principal or chief administrator of a public
17 or charter school building, or any other authorized person who
18 participates in a decision that a person be examined or treated
1 under this act, or that a person be discharged, or placed under
2 partial hospitalization, outpatient care or leave of absence, or
3 that the restraint upon such person be otherwise reduced, or a
4 county administrator or other authorized person who denies an
5 application for voluntary treatment or for involuntary emergency
6 examination and treatment, shall not be civilly or criminally
7 liable for such decision or for any of its consequences.
8 * * *
9 Section 2. Section 301 of the act is amended by adding a
10 subsection to read:
11 Section 301. Persons Who May be Subject to Involuntary
12 Emergency Examination and Treatment.--* * *
13 (c) School-related Threats or Acts of Violence.--(1) A
14 pupil less than 18 years of age who attends a public or charter
15 school within this Commonwealth and who has threatened to carry
16 out acts of violence, or who has carried out such threats or
17 performed acts of violence against other pupils, teachers,
18 administrators, school staff, the board of school directors,
19 school facilities or employees of businesses which have
20 contracts with a school district and necessarily come into
21 contact with pupils shall, following a hearing on the evidence
22 against the offending pupil, undergo not less than a 72-hour
23 period of continuous observation and a psychological evaluation
24 upon issuance of an involuntary commitment order by a court of
25 competent jurisdiction. The order may be initiated by the
26 petition of the principal or chief administrator of the public
27 or charter school building requesting the hearing.
28 (2) At the conclusion of the 72-hour period of observation
29 and receipt of the psychological evaluation, the court may order
30 additional observation or testing to determine the mental
19990H1276B1466 - 2 -
1 stability of the pupil and the appropriate treatment, if any.
2 When making its decision, the court may consider the pupil's
3 previous history of making threats or committing acts of
4 violence.
5 Section 3. This act shall take effect immediately.
B18L50JAM/19990H1276B1466 - 3 -