Text: S05269 Text: S05271 Text: S05200 - S05299 Text: S Index Bills and Amendments: General Index Bill History: General Index
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 beenlegally determined to be1 6severely or profoundly mentally retarded, or has been1 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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