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Senate Bill 1430 Printer's Number 1903

PENNSYLVANIA, August 13 - affirmative interference with governmental functions.

(b) Exceptions.--The owner, operator or an employee of a

health care facility, including an emergency department, located

within this Commonwealth may, through nonviolent means, deny or

otherwise obstruct the entry of a law enforcement officer acting

in the officer's official capacity onto the premises of the

facility, including a parking lot owned by the facility, unless

the law enforcement officer:

(1) can demonstrate probable cause that a person to be

detained, arrested or otherwise taken into custody is on the

premises of the facility; and

(2) possesses on the officer's person a judicial warrant

that clearly demonstrates that the person to be detained,

arrested or otherwise taken into custody is the subject of

the judicial warrant.

(c) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Emergency department." An entity within a hospital that is

organizationally distinct from other outpatient facilities and

whose primary function is to provide emergency accident or

emergency medical or surgical care.

"Health care facility." As defined in 35 Pa.C.S. § 3302

(relating to definitions).

"Judicial warrant." A written order signed by a judicial

officer from a Federal Article III court or a state court that

directs a law enforcement agency or some other person who is

specifically named in the order to arrest an individual.

"Law enforcement officer." A member of the Pennsylvania

State Police Force, an individual employed in a position

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