Text: HF02092 Text: HF02094 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 125.75, Code 1999, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 4. Contain a certification that the 1 4 applicant is not aware of any other pending actions under 1 5 chapter 125 or 229 involving the same respondent. 1 6 Sec. 2. Section 125.80, subsection 2, unnumbered paragraph 1 7 1, Code 1999, is amended to read as follows: 1 8 A written report of the examination by a court-designated 1 9 physician shall be filed with the clerk immediately after 1 10 conducting the examination, prior to the hearing date. If the 1 11 facilities are available, a copy of the report shall also be 1 12 electronically submitted by facsimile transmission or via e- 1 13 mail or the internet, to the court, the county attorney, the 1 14 respondent's attorney, the respondent's patient advocate, if 1 15 one has been appointed under any Code section, and the 1 16 respondent, prior to filing the written report with the court. 1 17 A written report of an examination by a physician chosen by 1 18 the respondentmayshall be similarly filed. The clerk shall 1 19 immediately: 1 20 a. Cause a report to be shown to the judge who issued the 1 21 order. 1 22 b. Cause the respondent's attorney to receive a copy of 1 23 the report of a court-designated physician. 1 24 Sec. 3. Section 125.81, unnumbered paragraph 1, Code 1999, 1 25 is amended to read as follows: 1 26 If a person filing an application requests that a 1 27 respondent be taken into immediate custody, and the court upon 1 28 reviewing the application and accompanying documentation, 1 29 finds probable cause to believe that the respondent is a 1 30 chronic substance abuser who is likely to injure the person or 1 31 other persons if allowed to remain at liberty, the court may 1 32 enter a written order directing that the respondent be taken 1 33 into immediate custody by the sheriff, and be detained until 1 34 the commitment hearing, which shall be held no more than five 1 35 business days after the date of the order, except that if the2 1fifth day after the date of the order is a Saturday, Sunday,2 2or a holiday, the hearing may be held on the next business2 3day. The court may order the respondent detained for the 2 4 period of time until the hearing is held, and no longer except 2 5 as provided in section 125.88, in accordance with subsection 1 2 6 if possible, and if not, then in accordance with subsection 2 2 7 or, only if neither of these alternatives is available in 2 8 accordance with subsection 3. Detention may be: 2 9 Sec. 4. Section 229.6, Code 1999, is amended by adding the 2 10 following new subsection: 2 11 NEW SUBSECTION. 4. Contain a certification that the 2 12 applicant is not aware of any other pending actions under 2 13 chapter 125 or 229 involving the same respondent. 2 14 Sec. 5. Section 229.10, subsection 2, unnumbered paragraph 2 15 1, Code 1999, is amended to read as follows: 2 16 A written report of the examination by the court-designated 2 17 physician or physicians shall be filed with the clerk 2 18 immediately after conducting the examination, prior to the 2 19 time set for hearing. If the facilities are available, a copy 2 20 of the report shall also be electronically submitted by 2 21 facsimile transmission or via e-mail or the internet, to the 2 22 court, the county attorney, the respondent's attorney, the 2 23 respondent's patient advocate, and the respondent, prior to 2 24 filing the written report with the court in order to 2 25 facilitate timely review of the report contents by the 2 26 parties. A written report of any examination by a physician 2 27 chosen by the respondent shall be similarly filed. The clerk 2 28 shall immediately: 2 29 Sec. 6. Section 229.11, unnumbered paragraph 1, Code 1999, 2 30 is amended to read as follows: 2 31 If the applicant requests that the respondent be taken into 2 32 immediate custody and the judge, upon reviewing the 2 33 application and accompanying documentation, finds probable 2 34 cause to believe that the respondent has a serious mental 2 35 impairment and is likely to injure the respondent or other 3 1 persons if allowed to remain at liberty, the judge may enter a 3 2 written order directing that the respondent be taken into 3 3 immediate custody by the sheriff or the sheriff's deputy and 3 4 be detained until the hospitalization hearing. The 3 5 hospitalization hearing shall be held no more than five 3 6 business days after the date of the order, except that if the3 7fifth day after the date of the order is a Saturday, Sunday,3 8or a holiday, the hearing may be held on the next succeeding3 9business day. If the expenses of a respondent are payable in 3 10 whole or in part by a county, for a placement in accordance 3 11 with subsection 1, the judge shall give notice of the 3 12 placement to the single entry point process, and for a 3 13 placement in accordance with subsection 2 or 3, the judge 3 14 shall order the placement in a hospital or facility designated 3 15 through the single entry point process. The judge may order 3 16 the respondent detained for the period of time until the 3 17 hearing is held, and no longer, in accordance with subsection 3 18 1 if possible, and if not then in accordance with subsection 2 3 19 or, only if neither of these alternatives is available, in 3 20 accordance with subsection 3. Detention may be: 3 21 EXPLANATION 3 22 This bill amends certain procedures relating to civil 3 23 commitment. 3 24 The bill requires applicants for substance abuse 3 25 commitments under Code chapter 125 and involuntary 3 26 hospitalization under Code chapter 229 to certify that the 3 27 applicant is not aware of any pending commitment proceeding 3 28 under Code chapter 125 or 229 involving the same respondent. 3 29 The bill requires that the report regarding the medical 3 30 evaluation of the respondent required under Code chapters 125 3 31 and 229 be filed with the court immediately after the 3 32 evaluation and, where possible, that a copy of the report be 3 33 sent electronically to the parties involved in the hearing 3 34 prior to the filing of the written report with the court. 3 35 The bill also specifies that the hearing on the application 4 1 for involuntary hospitalizations under Code chapters 125 and 4 2 229 be held within five business days, rather than five days, 4 3 after an order to immediately detain the respondent is issued 4 4 by the court. 4 5 LSB 5067HH 78 4 6 jj/as/5
Text: HF02092 Text: HF02094 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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