Text: S05269                            Text: S05271
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Senate Amendment 5270

Amendment Text

PAG LIN
  1  1    Amend Senate File 2038 as follows:
  1  2    #1.  Page 1, by striking lines 3 through 6 and
  1  3 inserting the following:
  1  4    "3.  "Person who is mentally incompetent to vote"
  1  5 means a person who has been legally determined to be
  1  6 severely or profoundly mentally retarded, or has been
  1  7 found incompetent to vote in a proceeding held
  1  8 pursuant to section 229.27, or found to lack the
  1  9 mental capacity to vote pursuant to section 222.31 or
  1 10 633.556."
  1 11    #2.  Page 2, by inserting before line 1 the
  1 12 following:
  1 13    "Sec. ___.  Section 222.16, Code 1997, is amended
  1 14 by adding the following new unnumbered paragraph:
  1 15    NEW UNNUMBERED PARAGRAPH.  Commitment of a person
  1 16 pursuant to section 222.31 does not constitute a
  1 17 finding or raise a presumption that the person is
  1 18 incompetent to vote.  The court shall make a separate
  1 19 determination as to the person's competency to vote.
  1 20 The court shall find a person incompetent to vote only
  1 21 upon determining that the person lacks sufficient
  1 22 mental capacity to comprehend and exercise the right
  1 23 to vote.
  1 24    Sec. ___.  Section 222.31, Code 1997, is amended by
  1 25 adding the following new subsection:
  1 26    NEW SUBSECTION.  3.  In its order, the court shall
  1 27 include a finding as to whether the person has
  1 28 sufficient mental capacity to comprehend and exercise
  1 29 the right to vote.
  1 30    Sec. ___.  Section 222.45, Code 1997, is amended to
  1 31 read as follows:
  1 32    222.45  POWER OF COURT.
  1 33    On the hearing, the court may discharge the person
  1 34 with mental retardation from all supervision, control,
  1 35 and care, or may transfer the person from a public
  1 36 institution to a private institution, or vice versa,
  1 37 or transfer the person from a special unit to a
  1 38 hospital-school, or vice versa, as the court deems
  1 39 appropriate under all the circumstances.  If the
  1 40 person has been determined to lack the mental capacity
  1 41 to vote, the court shall include in its order a
  1 42 finding that this determination remains in force or is
  1 43 revoked.
  1 44    Sec. ___.  Section 229.27, subsection 2, Code 1997,
  1 45 is amended to read as follows:
  1 46    2.  The applicant may, in initiating a petition for
  1 47 involuntary hospitalization of a person under section
  1 48 229.6 or at any subsequent time prior to conclusion of
  1 49 the involuntary hospitalization proceeding, also
  1 50 petition the court for a finding that the person is
  2  1 incompetent by reason of mental illness. The test of
  2  2 competence for the purpose of this section shall be
  2  3 whether the person possesses sufficient mind to
  2  4 understand in a reasonable manner the nature and
  2  5 effect of the act in which the person is engaged; the
  2  6 fact that a person is mentally ill and in need of
  2  7 treatment for that illness but because of the illness
  2  8 lacks sufficient judgment to make responsible
  2  9 decisions with respect to the person's hospitalization
  2 10 or treatment does not necessarily mean that that
  2 11 person is incapable of transacting business on any
  2 12 subject.  The court shall also make a finding as to
  2 13 whether the person has sufficient mental capacity to
  2 14 comprehend and exercise the right to vote.
  2 15    Sec. ___.  Section 229.27, Code 1997, is amended by
  2 16 adding the following new subsection:
  2 17    NEW SUBSECTION.  4A.  If the person has been
  2 18 determined to lack the mental capacity to vote, the
  2 19 court shall include in its order a finding that this
  2 20 determination remains in force or is revoked."
  2 21    #3.  Page 2, by inserting after line 7 the
  2 22 following:
  2 23    "Sec. ___.  Section 633.556, subsection 1, Code
  2 24 Supplement 1997, is amended to read as follows:
  2 25    1.  If the allegations of the petition as to the
  2 26 status of the proposed ward and the necessity for the
  2 27 appointment of a guardian are proved by clear and
  2 28 convincing evidence, the court may appoint a guardian.
  2 29 If the court appoints a guardian based upon mental
  2 30 incapacity of the proposed ward, the court shall make
  2 31 a separate determination as to the ward's competency
  2 32 to vote.  The court shall find a ward incompetent to
  2 33 vote only upon determining that the person lacks
  2 34 sufficient mental capacity to comprehend and exercise
  2 35 the right to vote.
  2 36    Sec. ___.  Section 633.679, Code 1997, is amended
  2 37 to read as follows:
  2 38    633.679  PETITION TO TERMINATE.
  2 39    At any time after the appointment of a guardian or
  2 40 conservator, the person under guardianship or
  2 41 conservatorship may apply to the court by petition,
  2 42 alleging that the person is no longer a proper subject
  2 43 thereof, and asking that the guardianship or
  2 44 conservatorship be terminated.  A person under an
  2 45 order appointing a guardian which order found the
  2 46 person incompetent to vote may include a request for
  2 47 reinstatement of the person's voting rights in a
  2 48 petition to terminate the guardianship or by filing a
  2 49 separate petition for modification of this
  2 50 determination."
  3  1    #4.  By renumbering as necessary.  
  3  2 
  3  3 
  3  4                               
  3  5 PATRICK J. DELUHERY
  3  6 
  3  7 
  3  8                               
  3  9 MAGGIE TINSMAN
  3 10 SF 2038.202 77
  3 11 sc/jl/28
     

Text: S05269                            Text: S05271
Text: S05200 - S05299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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