Text: H09166                            Text: H09168
Text: H09100 - H09199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

House Amendment 9167

Amendment Text

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 the applicant, or by an attorney for the
  1 28 applicant, or by the county attorney if the county
  1 29 attorney is the applicant.  During the hearing the
  1 30 applicant and the respondent 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 of other interested 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 the applicant county
  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 within seven ten days after the referee's finding is
  2 17 made, that an appeal therefrom is 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.  When so appealed, 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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