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House Journal: Page 1618: Tuesday, April 14, 1998

41   medication upon convening of the hearing.
42     2.  A person not necessary for the conduct of the
43   hearing shall be excluded, except that the court may
44   admit a person having a legitimate interest in the
45   hearing.  Upon motion of the applicant county
46   attorney, the court may exclude the respondent from
47   the hearing during the testimony of a witness if the
48   court determines that the witness' testimony is likely
49   to cause the respondent severe emotional trauma.
50     Sec. ___.  NEW SECTION.  229.2A  DUAL FILINGS.

Page 2  

 1     An application for involuntary hospitalization of a
 2   respondent under this chapter may be filed
 3   contemporaneously with an application for involuntary
 4   commitment or treatment of the respondent under
 5   chapter 125.
 6     Sec. ___.  Section 229.21, subsection 3, Code 1997,
 7   is amended to read as follows:
 8     3.  a.  Any respondent with respect to whom the
 9   judicial hospitalization referee has found the
10   contention that the respondent is seriously mentally
11   impaired or a chronic substance abuser sustained by
12   clear and convincing evidence presented at a hearing
13   held under section 229.12 or section 125.82, may
14   appeal from the referee's finding to a judge of the
15   district court by giving the clerk notice in writing,
16   within seven ten days after the referee's finding is
17   made, that an appeal therefrom is taken.  The appeal
18   may be signed by the respondent or by the respondent's
19   next friend, guardian or attorney.
20     b.  An order of a judicial hospitalization referee
21   with a finding that the respondent is seriously
22   mentally impaired or a chronic substance abuser shall
23   include the following notice, located conspicuously on
24   the face of the order:
25     "NOTE:  The respondent may appeal from this order
26   to a judge of the district court by giving written
27   notice of the appeal to the clerk of the district
28   court within ten days after the date of this order.
29   The appeal may be signed by the respondent or by the
30   respondent's next friend, guardian, or attorney.  For
31   a more complete description of the respondent's appeal
32   rights, consult section 229.21 of the Code of Iowa or
33   an attorney."
34     c.  When so appealed, the matter shall stand for
35   trial de novo.  Upon appeal, the court shall schedule
36   a hospitalization or commitment hearing before a
37   district judge at the earliest practicable time.
38     Sec. ___.  Section 229.27, subsection 4, Code 1997,
39   is amended by striking the subsection.
40     Sec. ___.  IMPLEMENTATION OF ACT.  Section 25B.2,

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