Text: SSB01022 Text: SSB01024 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 125.78, subsection 2, Code 1999, is 1 2 amended by striking the subsection and inserting in lieu 1 3 thereof the following: 1 4 2. Cause copies of the application and supporting 1 5 documentation to be sent to the county attorney or the county 1 6 attorney's attorney-designate for review. 1 7 Sec. 2. Section 125.82, subsections 1 and 2, Code 1999, 1 8 are amended to read as follows: 1 9 1. At a commitment hearing, evidence in support of the 1 10 contentions made in the application shall be presented by the 1 11applicant, or by an attorney for the applicant, or by the1 12 county attorneyif the county attorney is the applicant. 1 13 During the hearing theapplicant and therespondent shall be 1 14 afforded an opportunity to testify and the county attorney and 1 15 the respondent shall have the opportunity to present and 1 16 cross-examine witnesses, and the court may receive the 1 17 testimony ofotherinterested persons. If the respondent is 1 18 present at the hearing, as provided in subsection 3, and has 1 19 been medicated within twelve hours, or a longer period of time 1 20 as the court may designate, prior to the beginning of the 1 21 hearing or a session of the hearing, the court shall be 1 22 informed of that fact and of the probable effects of the 1 23 medication upon convening of the hearing. 1 24 2. A person not necessary for the conduct of the hearing 1 25 shall be excluded, except that the court may admit a person 1 26 having a legitimate interest in the hearing. Upon motion of 1 27 theapplicantcounty attorney, the court may exclude the 1 28 respondent from the hearing during the testimony of a witness 1 29 if the court determines that the witness' testimony is likely 1 30 to cause the respondent severe emotional trauma. 1 31 Sec. 3. Section 125.76, Code 1999, is repealed. 1 32 Sec. 4. IMPLEMENTATION OF ACT. Section 25B.2, subsection 1 33 3, shall not apply to this Act. 1 34 EXPLANATION 1 35 The bill amends Code chapter 125 to provide that the county 2 1 attorney shall present the evidence in support of applications 2 2 for hospitalization of chronic substance abusers, rather than 2 3 the applicant or the applicant's attorney. 2 4 Related changes are made to two other sections in Code 2 5 chapter 125 relating to appointed counsel for an applicant. 2 6 Code section 125.76 is repealed, in light of the new 2 7 requirement in Code section 125.82 for the county attorney to 2 8 assist the applicant. Code section 125.78, subsection 2, is 2 9 stricken and replaced with a requirement that documentation be 2 10 sent to the county attorney or the county attorney's 2 11 designate. 2 12 This bill may include a state mandate as defined in Code 2 13 section 25B.3. The bill makes inapplicable Code section 2 14 25B.2, subsection 3, which would relieve a political 2 15 subdivision from complying with a state mandate if funding for 2 16 the costs of the state mandate is not provided or specified. 2 17 Therefore, political subdivisions are required to comply with 2 18 any state mandate included in this bill. 2 19 LSB 1032SC 78 2 20 jj/cf/24
Text: SSB01022 Text: SSB01024 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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