Text: HSB00737 Text: HSB00739 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 125.75B DUAL FILINGS. 1 2 An application for involuntary commitment or treatment of a 1 3 respondent under this chapter may be filed contemporaneously 1 4 with an application for involuntary hospitalization of the 1 5 respondent under chapter 229. 1 6 Sec. 2. Section 125.82, subsections 1 and 2, Code 1995, 1 7 are amended to read as follows: 1 8 1. At a commitment hearing, evidence in support of the 1 9 contentions made in the application shall be presented by the 1 10applicant, or by an attorney for the applicant, or by the1 11 county attorneyif the county attorney is the applicant. 1 12 During the hearing theapplicant and therespondent shall be 1 13 afforded an opportunity to testify and the county attorney and 1 14 the respondent shall have the opportunity to present and 1 15 cross-examine witnesses, and the court may receive the 1 16 testimony ofotherinterested persons. If the respondent is 1 17 present at the hearing, as provided in subsection 3, and has 1 18 been medicated within twelve hours, or a longer period of time 1 19 as the court may designate, prior to the beginning of the 1 20 hearing or a session of the hearing, the court shall be 1 21 informed of that fact and of the probable effects of the 1 22 medication upon convening of the hearing. 1 23 2. A person not necessary for the conduct of the hearing 1 24 shall be excluded, except that the court may admit a person 1 25 having a legitimate interest in the hearing. Upon motion of 1 26 theapplicantcounty attorney, the court may exclude the 1 27 respondent from the hearing during the testimony of a witness 1 28 if the court determines that the witness' testimony is likely 1 29 to cause the respondent severe emotional trauma. 1 30 Sec. 3. NEW SECTION. 229.2A DUAL FILINGS. 1 31 An application for involuntary hospitalization of a 1 32 respondent under this chapter may be filed contemporaneously 1 33 with an application for involuntary commitment or treatment of 1 34 the respondent under chapter 125. 1 35 Sec. 4. Section 229.21, subsection 3, Code 1995, is 2 1 amended to read as follows: 2 2 3. a. Any respondent with respect to whom the judicial 2 3 hospitalization referee has found the contention that the 2 4 respondent is seriously mentally impaired or a chronic 2 5 substance abuser sustained by clear and convincing evidence 2 6 presented at a hearing held under section 229.12 or section 2 7 125.82, may appeal from the referee's finding to a judge of 2 8 the district court by giving the clerk notice in writing, 2 9 withinseventen days after the referee's finding is made, 2 10 that an appealtherefromis taken. The appeal may be signed 2 11 by the respondent or by the respondent's next friend, guardian 2 12 or attorney. 2 13 b. An order of a judicial hospitalization referee with a 2 14 finding that the respondent is seriously mentally impaired or 2 15 a chronic substance abuser shall include the following notice, 2 16 located conspiciously on the face of the order: 2 17 "NOTE: The respondent may appeal from this order to a 2 18 judge of the district court by giving written notice of the 2 19 appeal to the clerk of the district court within ten days 2 20 after the date of this order. The appeal may be signed by the 2 21 respondent or by the respondent's next friend, guardian, or 2 22 attorney. For a more complete description of the respondent's 2 23 appeal rights, consult section 229.21 of the Code of Iowa or 2 24 an attorney." 2 25 c. Whensoappealed, the matter shall stand for trial de 2 26 novo. Upon appeal, the court shall schedule a hospitalization 2 27 or commitment hearing before a district judge at the earliest 2 28 practicable time. 2 29 Sec. 5. Section 229.27, subsection 4, Code 1995, is 2 30 amended by striking the subsection. 2 31 Sec. 6. IMPLEMENTATION OF ACT. Section 25B.2, subsection 2 32 3, shall not apply to this Act. 2 33 EXPLANATION 2 34 This bill modifies procedures pertaining to civil 2 35 commitment of chronic substance abusers under chapter 125 and 3 1 seriously mentally impaired persons under chapter 229. 3 2 Sections 1 and 3 provide for contemporaneous filings 3 3 concerning a respondent under chapters 125 and 229. 3 4 Section 2 of the bill provides that the county attorney 3 5 shall present the evidence in support of applications for 3 6 hospitalization of chronic substance abusers, rather than the 3 7 applicant or the applicant's attorney. 3 8 Section 4 extends the time from seven to 10 days during 3 9 which a person may appeal the finding of a judicial 3 10 hospitalization referee under chapter 125 or 229. This 3 11 section also requires that a notice regarding the procedure 3 12 and time limit for initiating an appeal of the referee's 3 13 finding be printed on the face of the order. 3 14 Section 5 strikes a provision relating to the appointment 3 15 of a conservator in proceedings under chapter 229. 3 16 This bill may include a state mandate as defined in section 3 17 25B.3. Section 6 of this bill makes inapplicable section 3 18 25B.2, subsection 3, which would relieve a political 3 19 subdivision from complying with a state mandate if funding for 3 20 the costs of the state mandate is not provided or specified. 3 21 Therefore, political subdivisions are required to comply with 3 22 any state mandate included in this bill. 3 23 LSB 3739HC 76 3 24 jls/cf/24
Text: HSB00737 Text: HSB00739 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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