HERBERT R. O'CONOR, GOVERNOR. 63
34A. In addition to the methods provided by law for the
commitment of lunatic or insane persons, such persons may be
committed to institutions in accordance with the provisions
of this section.
Whenever any person is shown to be a lunatic or insane by
the certificates of two qualified physicians, as provided by
Section 34 of this Article, the Superintendent or physician in
charge of any State or licensed private institution for the care,
custody or treatment of insane persons may receive and retain
such person as a patient upon the written request of any mem-
ber of his family, or near relative or friend, or the person with
whom he resides, or an officer of any charitable institution or
agency; provided, however, that such person, or anyone in his
behalf, may make a request in writing to said Superintendent
or physician for the discharge of such person and such request
shall be complied with unless said Superintendent or physician
shall be of the opinion that the mental condition of such per-
son requires his further detention, in which event said Super-
intendent or physician shall retain the custody of such person
and shall forthwith file a petition, in accordance with Section
.22 of this Article, for the purpose of having the sanity of such
person determined, and if the Court shall commit such person
to that or some other suitable institution, as provided by said
section, he shall be confined thereafter until he shall have re-
covered, or shall be discharged in due course of law. The pro-
visions of this Article relating to the discharge of recovered
patients and to the payment of the expenses of maintaining
persons in State institutions shall be applicable to persons
entering such institutions under the provisions hereof.
SEC. 3. And be it further enacted, That if any clause, sen-
tence, paragraph, or section of this sub-title shall, for any
reason, be adjudged by any court of competent jurisdiction to
be unconstitutional and invalid, such judgment shall not affect,
impair or invalidate the remainder thereof, but shall be con-
fined in its operation to the clause, sentence, paragraph, or
section thereof so found unconstitutional and invalid.
SEC. 4. And be it further enacted, That this Act is hereby
declared to be an emergency law and necessary for the imme-
diate preservation of the public health and safety, and being
passed upon a yea and nay vote, supported by three-fifth of all
the members elected to each of the two Houses of the General
Assembly, the same shall take effect from the date of its
passage.
Approved March 16, 1944.
|
|