Text: H09166 Text: H09168 Text: H09100 - H09199 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 2558 as follows: 1 2 #1. Page 3, by inserting after line 34 the 1 3 following: 1 4 "Sec. . LEGAL SETTLEMENT PLAN. The department 1 5 of human services shall work with the Iowa state 1 6 association of counties in developing proposals for 1 7 legal settlement determination and for expediting 1 8 resolution of legal settlement disputes. The 1 9 department shall report on or before December 1, 1998, 1 10 to the general assembly and the governor outlining 1 11 proposals and providing other relevant 1 12 recommendations." 1 13 #2. Page 10, by inserting after line 19 the 1 14 following: 1 15 "DIVISION 1 16 DUAL CIVIL COMMITMENTS 1 17 Sec. . NEW SECTION. 125.75B DUAL FILINGS. 1 18 An application for involuntary commitment or 1 19 treatment of a respondent under this chapter may be 1 20 filed contemporaneously with an application for 1 21 involuntary hospitalization of the respondent under 1 22 chapter 229. 1 23 Sec. . Section 125.82, subsections 1 and 2, 1 24 Code 1997, are amended to read as follows: 1 25 1. At a commitment hearing, evidence in support of 1 26 the contentions made in the application shall be 1 27 presented by theapplicant, or by an attorney for the1 28applicant, or by thecounty attorneyif the county1 29attorney is the applicant. During the hearing the 1 30applicant and therespondent shall be afforded an 1 31 opportunity to testify and the county attorney and the 1 32 respondent shall have the opportunity to present and 1 33 cross-examine witnesses, and the court may receive the 1 34 testimony ofotherinterested persons. If the 1 35 respondent is present at the hearing, as provided in 1 36 subsection 3, and has been medicated within twelve 1 37 hours, or a longer period of time as the court may 1 38 designate, prior to the beginning of the hearing or a 1 39 session of the hearing, the court shall be informed of 1 40 that fact and of the probable effects of the 1 41 medication upon convening of the hearing. 1 42 2. A person not necessary for the conduct of the 1 43 hearing shall be excluded, except that the court may 1 44 admit a person having a legitimate interest in the 1 45 hearing. Upon motion of theapplicantcounty 1 46 attorney, the court may exclude the respondent from 1 47 the hearing during the testimony of a witness if the 1 48 court determines that the witness' testimony is likely 1 49 to cause the respondent severe emotional trauma. 1 50 Sec. . NEW SECTION. 229.2A DUAL FILINGS. 2 1 An application for involuntary hospitalization of a 2 2 respondent under this chapter may be filed 2 3 contemporaneously with an application for involuntary 2 4 commitment or treatment of the respondent under 2 5 chapter 125. 2 6 Sec. . Section 229.21, subsection 3, Code 1997, 2 7 is amended to read as follows: 2 8 3. a. Any respondent with respect to whom the 2 9 judicial hospitalization referee has found the 2 10 contention that the respondent is seriously mentally 2 11 impaired or a chronic substance abuser sustained by 2 12 clear and convincing evidence presented at a hearing 2 13 held under section 229.12 or section 125.82, may 2 14 appeal from the referee's finding to a judge of the 2 15 district court by giving the clerk notice in writing, 2 16 withinseventen days after the referee's finding is 2 17 made, that an appealtherefromis taken. The appeal 2 18 may be signed by the respondent or by the respondent's 2 19 next friend, guardian or attorney. 2 20 b. An order of a judicial hospitalization referee 2 21 with a finding that the respondent is seriously 2 22 mentally impaired or a chronic substance abuser shall 2 23 include the following notice, located conspicuously on 2 24 the face of the order: 2 25 "NOTE: The respondent may appeal from this order 2 26 to a judge of the district court by giving written 2 27 notice of the appeal to the clerk of the district 2 28 court within ten days after the date of this order. 2 29 The appeal may be signed by the respondent or by the 2 30 respondent's next friend, guardian, or attorney. For 2 31 a more complete description of the respondent's appeal 2 32 rights, consult section 229.21 of the Code of Iowa or 2 33 an attorney." 2 34 c. Whensoappealed, the matter shall stand for 2 35 trial de novo. Upon appeal, the court shall schedule 2 36 a hospitalization or commitment hearing before a 2 37 district judge at the earliest practicable time. 2 38 Sec. . Section 229.27, subsection 4, Code 1997, 2 39 is amended by striking the subsection. 2 40 Sec. . IMPLEMENTATION OF ACT. Section 25B.2, 2 41 subsection 3, shall not apply to this division of this 2 42 Act." 2 43 #3. Title page, line 2, by inserting after the 2 44 word "service" the following: ", commitment,". 2 45 #4. By renumbering as necessary. 2 46 2 47 2 48 2 49 HEATON of Henry 2 50 3 1 3 2 3 3 GRUNDBERG of Polk 3 4 3 5 3 6 3 7 HOUSER of Pottawattamie 3 8 HF 2558.301 77 3 9 jp/cf/28
Text: H09166 Text: H09168 Text: H09100 - H09199 Text: H Index Bills and Amendments: General Index Bill History: General Index
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