Text: H08244 Text: H08246 Text: H08200 - H08299 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 2564 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "Section 1. Section 229.21, subsections 3, 4, and 1 5 5, Code Supplement 2001, are amended to read as 1 6 follows: 1 7 3. a. Any respondent with respect to whom the 1 8 district judge, district associate judge, magistrate, 1 9 or judicial hospitalization referee has found the 1 10 contention that the respondent is seriously mentally 1 11 impaired or a chronic substance abuser sustained by 1 12 clear and convincing evidence presented at a hearing 1 13 held under section 229.12 or section 125.82, may 1 14 appeal from the district judge's, district associate 1 15 judge's, magistrate's, or referee's finding to a judge 1 16 of the district court by giving the clerk notice in 1 17 writing, within ten days after themagistrate's or1 18referee'sfinding is made, that an appeal is taken. 1 19 The appeal may be signed by the respondent or by the 1 20 respondent's next friend, guardian, or attorney. 1 21 b. An order of a district judge, district 1 22 associate judge, magistrate, or judicial 1 23 hospitalization referee with a finding that the 1 24 respondent is seriously mentally impaired or a chronic 1 25 substance abuser shall include the following notice, 1 26 located conspicuously on the face of the order: 1 27 "NOTE: The respondent may appeal from this order 1 28 to a judge of the district court by giving written 1 29 notice of the appeal to the clerk of the district 1 30 court within ten days after the date of this order. 1 31 The appeal may be signed by the respondent or by the 1 32 respondent's next friend, guardian, or attorney. For 1 33 a more complete description of the respondent's appeal 1 34 rights, consult section 229.21 of the Code of Iowa or 1 35 an attorney." 1 36 c. If a hearing held under section 229.12 was 1 37 tried by a district judge or district associate judge, 1 38 the appeal shall be decided by a district judge. If 1 39 the hearing was tried by a judicial magistrate or a 1 40 judicial hospitalization referee, the appeal shall be 1 41 decided by a district judge or a district associate 1 42 judge. When appealed, the matter shall stand for 1 43 trialde novoon the record made at the hearing. Upon 1 44 appeal, the court shall schedule ahospitalization or1 45commitmenthearing before a district judgeat the1 46earliest practicable timeor district associate judge 1 47 to be held within fourteen days of the filing of the 1 48 appeal. If the record, in the opinion of the judge, 1 49 is inadequate for the purpose of rendering a judgment 1 50 on appeal, the judge may order that additional 2 1 evidence be presented relative to one or more issues, 2 2 and may enter any other order which is necessary to 2 3 protect the rights of the parties. The judge shall 2 4 take minutes of any additional evidence, but the 2 5 hearing shall not be reported by a certified court 2 6 reporter. 2 7 d. Any respondent with respect to whom the 2 8 district judge, district associate judge, magistrate, 2 9 or judicial hospitalization referee has held a 2 10 placement hearing and has entered a placement order 2 11 may appeal the order to a judge of the district court. 2 12 The appeal shall be taken and decided in the same 2 13 manner as described in paragraph "c". The request for 2 14 appeal must be given to the clerk in writing within 2 15 ten days of the entry of themagistrate's or referee's2 16 order. The request for appeal shall be signed by the 2 17 respondent, or the respondent's next friend, guardian, 2 18 or attorney. 2 19 4. If the appellant is in custody under the 2 20 jurisdiction of the district court at the time of 2 21 service of the notice of appeal, the appellant shall 2 22 be discharged from custody unless an order that the 2 23 appellant be taken into immediate custody has 2 24 previously been issued under section 229.11 or section 2 25 125.81, in which case the appellant shall be detained 2 26as provided in that sectionuntilthe hospitalization2 27or commitment hearing before thean order is entered 2 28 by the district judge or district associate judge. If 2 29 the appellant is in the custody of a hospital or 2 30 facility at the time of service of the notice of 2 31 appeal, the appellant shall be discharged from custody 2 32 pending disposition of the appeal unless the chief 2 33 medical officer, not later than the end of the next 2 34 secular day on which the office of the clerk is open 2 35 and which follows service of the notice of appeal, 2 36 files with the clerk a certification that in the chief 2 37 medical officer's opinion the appellant is seriously 2 38 mentally ill or a substance abuser. In that case, the 2 39 appellant shall remain in custody of the hospital or 2 40 facility until the hospitalization or commitment 2 41 hearing before the district court. 2 42 5.The hospitalization or commitment hearing2 43before the district judge shall be held, and the2 44judge's finding shall be made and an appropriate order2 45entered, as prescribed by sections 229.12 and 229.132 46or sections 125.82 and 125.83.If upon appeal, the 2 47 judge orders the appellant hospitalized or committed 2 48 for a complete psychiatric or substance abuse 2 49 evaluation, jurisdiction of the matter shall revert to 2 50 the judicial hospitalization referee." 3 1 3 2 3 3 3 4 TREMMEL of Wapello 3 5 HF 2564.301 79 3 6 rh/cf
Text: H08244 Text: H08246 Text: H08200 - H08299 Text: H Index Bills and Amendments: General Index Bill History: General Index
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