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Rep. McLeod’s ‘Good Samaritan’ Bill Draws Support in Committee Hearing

AUGUSTA – State Rep. Everett McLeod delivered a spirited argument for his “Good Samaritan” bill before the Judiciary Committee on Feb. 4, and Senate Republican Leader Kevin Raye backed him up with a ringing endorsement.

The bill, LD 1738, is titled “An Act to Establish a Duty to Report Serious Injuries.” It will be taken up by the committee on Feb.11 in a work session. The measure would require that anyone over age 18 who observes a person with a serious injury must immediately report the situation to police or medical emergency responders. In addition, first aid must be sought by the quickest means possible.

Injuries covered under the statute would include gunshot wounds, knife wounds and other wounds involving a substantial loss of blood. Failure to report the injury to authorities could bring civil penalties for negligence under cases brought by the injured party.

Rep. McLeod (R-Lee) explained the rationale for his bill to committee members. “Approximately three years ago,” he said, “I was contacted by Brett Baber, attorney for Steven Cilley. Steven Cilley and his wife tragically lost their son Joshua in January of 2005 under very troubling circumstances. Joshua passed away as a result of a gunshot wound. Immediately after he was shot, he asked for help from the only person in his presence. I am told that she nonchalantly left him and casually went and smoked a cigarette and drank a beer.

“It was not until Joshua managed to make himself visible to others outside the dwelling that help was requested,” he added. “What deems this tragedy even more disturbing is that the emergency room physician has attested that Joshua’s life could have been saved had faster measures been taken to secure aid. That’s why this bill is important – it will save lives.”

Sen. Raye, who represents Washington County and parts of Hancock and Penobscot counties, said similar tragedies have increasingly been highlighted in the media. He cited a recent case in California where four young men were charged with the brutal gang rape of a 15-year-old girl outside a school. During the episode, he said, nearly two dozen people, including adults, watched and did nothing.

“Taking prompt action in such cases,” he said, “should be common sense, something that people do automatically. Unfortunately, that is not always the case. It has often been said that ‘you can’t legislate common sense.’ Maybe we can’t. We can, however, hold people accountable for their failure to act and send a message to others that they are required to act if someone is in need of immediate medical attention. As a society, we must not tolerate such inhuman indifference.”

Sen. Raye noted that 32 states have statutes regarding “Duty to Render Aid” and 14 states have “Duty to Assist” laws. “Many of these laws are specific to injuries related to automobile accidents or hunting accidents,” he said. “But I would urge the committee to look at statutes in Hawaii, Minnesota, Rhode Island, Vermont and Wisconsin. They go beyond automobile and hunting accidents and hold people accountable for failing to summon authorities in a broader array of circumstances.”

For the First Regular Session of the 124th Legislature, Rep. McLeod introduced a nearly identical bill, LD 1258, that made violations of the law retroactive under existing statutes of limitations. Ordinarily, no defeated bill can be reintroduced in the same Legislature. But Rep. McLeod came back with LD 1738, which slightly altered the title of the bill and removed the provisions for retroactive enforcement.

“It is a testament to the compelling need for this bill and its emergency nature that the Legislative Council allowed it to be reworded and resubmitted for consideration this session,” Sen. Raye told the committee. “This legislation will help prevent future tragedies like the ones highlighted here today.”

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