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House Amendment 3548

Amendment Text

PAG LIN
  1  1    Amend House File 337 as follows:
  1  2    #1.  Page 1, by inserting after line 7 the
  1  3 following:
  1  4    "Sec.    .  Section 229.22, subsection 2, Code
  1  5 1995, is amended to read as follows:
  1  6    2.  In the circumstances described in subsection 1,
  1  7 any peace officer who has reasonable grounds to
  1  8 believe that a person is mentally ill, and because of
  1  9 that illness is likely to physically injure the
  1 10 person's self or others if not immediately detained,
  1 11 may without a warrant take or cause that person to be
  1 12 taken to the nearest available facility as defined in
  1 13 section 229.11, subsections 2 and 3.  A person
  1 14 believed mentally ill, and likely to injure the
  1 15 person's self or others if not immediately detained,
  1 16 may be delivered to a hospital by someone other than a
  1 17 peace officer.  Upon delivery of the person believed
  1 18 mentally ill to the hospital, the chief medical
  1 19 officer may order treatment of that person, including
  1 20 chemotherapy, but only to the extent necessary to
  1 21 preserve the person's life or to appropriately control
  1 22 behavior by the person which is likely to result in
  1 23 physical injury to that person or others if allowed to
  1 24 continue.  The peace officer who took the person into
  1 25 custody, or other party who brought the person to the
  1 26 hospital, shall describe the circumstances of the
  1 27 matter to the chief medical officer.  If the chief
  1 28 medical officer finds that there is reason to believe
  1 29 that the person is seriously mentally impaired, and
  1 30 because of that impairment is likely to physically
  1 31 injure the person's self or others if not immediately
  1 32 detained, the chief medical officer shall at once
  1 33 communicate with the nearest available magistrate as
  1 34 defined in section 801.4, subsection 10.  The
  1 35 magistrate shall immediately proceed to the facility
  1 36 where the person is detained, except that if the chief
  1 37 medical officer's communication with the magistrate
  1 38 occurs between the hours of midnight and the next
  1 39 succeeding seven o'clock a.m. and the magistrate deems
  1 40 it appropriate under, based upon the circumstances
  1 41 described by the chief medical officer, the magistrate
  1 42 may delay going to the facility and in that case shall
  1 43 give the chief medical officer verbal instructions
  1 44 either directing that the person be released forthwith
  1 45 or authorizing the person's continued detention at
  1 46 that facility.  In the latter case, the magistrate
  1 47 shall:
  1 48    a.  By the close of business on the next working
  1 49 day, file with the clerk a written report stating the
  1 50 substance of the information on the basis of which the
  2  1 person's continued detention was ordered; and
  2  2    b.  Arrive at Proceed to the facility where the
  2  3 person is being detained not later than eight o'clock
  2  4 a.m. of the same day on which the chief medical
  2  5 officer's notification occurs within twenty-four hours
  2  6 of giving instructions that the person be detained."
  2  7    #2.  Title page, line 1, by inserting after the
  2  8 word "criteria" the following:  "and procedures".  
  2  9 
  2 10 
  2 11                              
  2 12 WISE of Lee
  2 13 
  2 14 
  2 15                              
  2 16 MYERS of Johnson
  2 17 
  2 18 
  2 19                              
  2 20 WITT of Black Hawk
  2 21 HF 337.501 76
  2 22 lh/jw
     

Text: H03547                            Text: H03549
Text: H03500 - H03599                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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