Thursday, January 17, 2019

Bad Law

The family of Adrian Diaz, an 18 year old man, is pressing the state to prosecute people for not calling 911. It seems that the 18 year old illegally obtained alcohol, became heavily intoxicated, and went for a swim in a pond where he drowned. The man's grandmother is blaming a witness who says that he saw Diaz lying in the grass near the pond, apparently drunk. No word on how much blame she places upon her grandson for illegally obtaining alcohol and getting drunk, nor is there word on the blame she places upon the "friend" who provided that alcohol.

State Representative Jon Cortes has filed House Bill 147, which will require bystanders render aid in an emergency. The text of that bill can be found here. If you read the text, I don't think that this bill would have helped in Diaz's case, but who knows how the state will look at it. This is a bad law.

Notwithstanding subsection (2), a person who is at the 16 scene of an emergency and who knows that another person is exposed to or has suffered serious bodily injury shall, to the extent that he or she can do so without causing danger or peril to oneself or others, provide reasonable assistance to the exposed or injured person. Reasonable assistance includes contacting, obtaining, or attempting to contact or obtain aid from law enforcement or medical personnel. For purposes of this subsection, the term "serious bodily injury" has the same meaning as provided in s. 790.155. A person who violates this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
What is reasonable? It says it includes calling for aid, but note that it does not say ONLY calling for aid. I am a paramedic. Will it be reasonable for me to render medical assistance? Do they really intend on making it a requirement to call 911 every time I see a drunk? I don't like this at all.


1 comment:

Aaron C. de Bruyn said...

I'll just start calling 911 several times per day just to be safe from prosection. "There's someone walking and it's raining. Maybe they're a druggie who needs help" "Some dude cut nm off in traffic, might be drunk" "Saw a kid playing outside, might get kidnapped"