Text: HF02327                           Text: HF02329
Text: HF02300 - HF02399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 2328

Partial Bill History

Bill Text

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 1997,
  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 10 applicant, or by an attorney for the applicant, or by the
  1 11 county attorney if the county attorney is the applicant.
  1 12 During the hearing the applicant and the respondent 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 of other interested 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 the applicant county 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 1997, 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 within seven ten days after the referee's finding is made,
  2 10 that an appeal therefrom is 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 conspicuously 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.  When so appealed, 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 1997, 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 Code chapter 125
  3  1 and seriously mentally impaired persons under Code chapter
  3  2 229.  The bill amends both Code chapters 125 and 229 to
  3  3 provide for contemporaneous filings under either chapter for a
  3  4 single respondent.  The bill also provides that the county
  3  5 attorney shall present the evidence in support of applications
  3  6 for hospitalization of chronic substance abusers, rather than
  3  7 the applicant or the applicant's attorney.
  3  8    The bill amends Code section 229.21 to extend the time from
  3  9 seven to 10 days during which a person may appeal the finding
  3 10 of a judicial hospitalization referee under Code chapter 125
  3 11 or 229.  This section also requires that a notice regarding
  3 12 the procedure and time limit for initiating an appeal of the
  3 13 referee's finding be printed on the face of the order.
  3 14    The bill strikes Code section 229.27, subsection 4,
  3 15 relating to the appointment of a conservator in proceedings
  3 16 under Code chapter 229.
  3 17    This bill may include a state mandate as defined in Code
  3 18 section 25B.3.  The bill makes inapplicable Code section
  3 19 25B.2, subsection 3, which would relieve a political
  3 20 subdivision from complying with a state mandate if funding for
  3 21 the costs of the state mandate is not provided or specified.
  3 22 Therefore, political subdivisions are required to comply with
  3 23 any state mandate included in this bill.  
  3 24 LSB 4124YH 77
  3 25 jls/cf/24
     

Text: HF02327                           Text: HF02329
Text: HF02300 - HF02399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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