An Act To Establish a Duty To RepOIi Serious Injuries
Maine Legislature, Session 124, LD 1738
Committee Amendment CA_A_H733 (House)
Amends: 14 MRSA §222

COMMITTEE AMENDMENT "ft" to H.P. 1235, L.D. 1738, Bill, "An Act To 
Establish a Duty To RepOIi Serious Injuries" 
Amend the bill by striking out evelything after the enacting clause and before the 
summary and inseliing the following: 
'Sec. 1. 14 MRSA §222 is enacted to read: 
§222. Duty to notify 
1. Duty. A person who is 18 years of age or older and who observes that another 
person has received a serious bodily injUIY shall immediately report that injllIY to and 
shall request first aid by the quickest means of communication available from a police 
depaJiment, emergency dispatch center, licensed medical facility or licensed medical 
provider. For purposes of this section, "serious bodily injury" has the meaning set fOlih in 
Title 17-A, section 2, subsection 23. 
A. The duty imposed by this subsection applies regardless of whether the injury was. 
self-inflicted intentionally, recklessly, negligently or accidentally. 
B. This section may not be interpreted to impose a duty to provide first aid or other 
medical treatment. 
C. The duty imposed by this subsection is satisfied if another person has already 
made or agreed to make the repoli and request for first aid. 
D. The duty imposed by this subsection applies only to the extent that the person can 
do so without danger or peril to self or others. 
2. 
Violation. 
A person who intentionally or knowingly violates subsection 1 
commits a civil violation for which a fine of not more than $100 may be adjudged. 
3. Civil cause of action not created. Nothing in this section creates a civil cause of 
action against a person who fails to comply with the duty described in subsection 1.' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to H.P, 1235, LD. 1738 
SUMMARY 
This amendment is the minority repOli of the committee and replaces the bill. It 
creates a new civil violation focused on the knowing or intentional failure to repOli and 
request first aid for another person who has suffered serious bodily injury. The duty 
applies regardless of whether the injUl'y was self-inflicted intentionally, recklessly, 
negligently or accidentally. It does not impose a duty to provide first aid or other medical 
treatment. The duty is satisfied if another person has already made or agreed to make the 
report and request for first aid. The duty applies unless making the repOli and the request 
for first aid would create danger or peril to the person making the repOli or others. The 
creation of the duty does not create a civil cause of action for failing to comply with the 
duty. 
FISCAL NOTE REQIDRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 03/14110 MaC! 
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LD 1738 
LR 2285(02) 
An Act To Establish a Duty To Report Serious Injuries 
Fiscal Note for Bill as Amended by Committee Amendment ,If, 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new civil violations. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Additional costs to the Depar1ment of Public Safety associated with enforcement of the provisions of the bill can be 
absorbed within existing budgeted resources. 
LR2285(02) - Fiscal Note - Page 1 of I