LANSING- Under a new proposal, citizens will be required to call 911 if they are in the presence of someone facing grave physical harm.

The penalty for failing to contact authorities or provide assistance would be a fine of up to $500 and up to six months in jail, according to the bill by Rep. Alma Smith, D-Salem.

“Every minute counts” when someone’s life is on the line, said co-sponsor Rep. Geoff Hansen, R-Hart. He served as an ambulance EMT for 10 years.

The legislation was prompted by an incident in Smith’s district in 2005 when a 27-year-old man was the victim of a drug overdose.

“My grandson died of an overdose on Oct. 27, 2005,” said John Mercer of Ypsilanti Township.

His grandson was at an acquaintance’s house when he overdosed on methadone around 6 p.m. on Oct. 26 and passed out in the presence of his friend. The friend didn’t call the police.

It wasn’t until 11 a.m. on Oct. 27 when someone else entered the house and called for help, Mercer said.

His grandson died on the way to the hospital. The medical examiner’s office in Washtenaw County determined that if he had received attention earlier, he would have survived.

Mercer took his concern to Smith and discussed possible legislation that would require people to call 911 in emergencies.

“I called all 50 states for information on their Good Samaritan laws,” Mercer said. Four states that replied have similar laws: Rhode Island, Vermont, Wisconsin and Nevada.

Retired Sgt. Matt Wesaw, the director of government relations for the Michigan State Troopers Association, said that he thinks that most people would call in the case of an emergency.

Wesaw said the State Police would enforce the law if it’s passed but also said that the union doesn’t necessarily endorse it.

Under Michigan’s current Good Samaritan law, anyone assisting in an emergency cannot be sued if the assistance fails.

The bill is pending in the House Judiciary Committee.

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