Text: HF00586 Text: HF00588 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 125.77, Code 2001, is amended to read 1 2 as follows: 1 3 125.77 SERVICE OF NOTICE. 1 4 Upon the filing of an application for involuntary 1 5 commitment, the clerk shall docket the case and immediately 1 6 notify a district court judge, a district associate judge, or 1 7 magistratewho is admitted to the practice of law in this1 8state,who shall review the application and accompanying 1 9 documentation. The clerk shall send copies of the application 1 10 and supporting documentation, together with the notice 1 11 informing the respondent of the procedures required by this 1 12 division, to the sheriff, for immediate service upon the 1 13 respondent. If the respondent is taken into custody under 1 14 section 125.81, service of the application, documentation, and 1 15 notice upon the respondent shall be made at the time the 1 16 respondent is taken into custody. 1 17 Sec. 2. Section 229.7, Code 2001, is amended to read as 1 18 follows: 1 19 229.7 SERVICE OF NOTICE UPON RESPONDENT. 1 20 Upon the filing of an application for involuntary 1 21 hospitalization, the clerk shall docket the case and 1 22 immediately notify a district court judge, district associate 1 23 judge, or magistratewho is admitted to the practice of law in1 24this state,who shall review the application and accompanying 1 25 documentation. If the application is adequate as to form, the 1 26 court may set a time and place for a hearing on the 1 27 application, if feasible, but the hearing shall not be held 1 28 less than forty-eight hours after notice to the respondent 1 29 unless the respondent waives such minimum prior notice 1 30 requirement. The court shall direct the clerk to send copies 1 31 of the application and supporting documentation, together with 1 32 a notice informing the respondent of the procedures required 1 33 by this chapter, to the sheriff or the sheriff's deputy for 1 34 immediate service upon the respondent. If the respondent is 1 35 taken into custody under section 229.11, service of the 2 1 application, documentation and notice upon the respondent 2 2 shall be made at the time the respondent is taken into 2 3 custody. 2 4 Sec. 3. Section 229.21, subsection 2, Code 2001, is 2 5 amended to read as follows: 2 6 2. When an application for involuntary hospitalization 2 7 under this chapter or an application for involuntary 2 8 commitment or treatment of chronic substance abusers under 2 9 sections 125.75 to 125.94 is filed with the clerk of the 2 10 district court in any county for which a judicial 2 11 hospitalization referee has been appointed, and no district 2 12 judge, district associate judge, or magistratewho is admitted2 13to the practice of law in this stateis accessible, the clerk 2 14 shall immediately notify the referee in the manner required by 2 15 section 229.7 or section 125.77. The referee shall discharge 2 16 all of the duties imposed upon the court by sections 229.7 to 2 17 229.22 or sections 125.75 to 125.94 in the proceeding so 2 18 initiated. Subject to the provisions of subsection 4, orders 2 19 issued by a referee, in discharge of duties imposed under this 2 20 section, shall have the same force and effect as if ordered by 2 21 a district judge. However, any commitment to a facility 2 22 regulated and operated under chapter 135C, shall be in 2 23 accordance with section 135C.23. 2 24 Sec. 4. Section 602.6405, subsection 1, Code 2001, is 2 25 amended to read as follows: 2 26 1. Magistrates have jurisdiction of simple misdemeanors, 2 27 including traffic and ordinance violations, and preliminary 2 28 hearings, search warrant proceedings, county and municipal 2 29 infractions, and small claims. Magistrates have jurisdiction 2 30 to determine the disposition of livestock or another animal, 2 31 as provided in sections 717.5 and 717B.4, if the magistrate 2 32 determines the value of the livestock or animal is less than 2 33 ten thousand dollars. Magistrates have jurisdiction to 2 34 exercise the powers specified in sections 556F.2 and 556F.12, 2 35 and to hear complaints or preliminary informations, issue 3 1 warrants, order arrests, make commitments, and take bail. 3 2 Magistrates have jurisdiction over violations of section 3 3 123.49, subsection 2, paragraph "h". Magistrates who are 3 4 admitted to the practice of law in this state have 3 5 jurisdiction over all proceedings for the involuntary 3 6 commitment, treatment, or hospitalization of individuals under 3 7 chapters 125 and 229, except as otherwise provided under 3 8 section 229.6A; nonlawyer magistrates have jurisdiction over3 9emergency detention and hospitalization proceedings under3 10sections 125.91 and 229.22. Magistrates who are not admitted 3 11 to practice law in this state have jurisdiction to review 3 12 applications for involuntary hospitalizations pursuant to 3 13 chapters 125 and 229. Magistrates have jurisdiction to 3 14 conduct hearings authorized under section 809.4. 3 14 Sec. 5. LEGISLATIVE STUDY – INVOLUNTARY 3 14 HOSPITALIZATION AND INVOLUNTARY COMMITMENT 3 14 PROCEEDINGS. The legislative council is requested to 3 14 establish a study committee during the 2001 interim on 3 14 issues relating to involuntary hospitalization 3 14 including, but not limited to, both inpatient and 3 14 outpatient commitment proceedings and advanced 3 14 directives. The study committee shall consist of 3 14 legislator members of both political parties from both 3 14 houses of the general assembly, representatives of the 3 14 judicial branch and the department of corrections, law 3 14 enforcement personnel, including police officers and 3 14 sheriffs, mental health consumers, mental health 3 14 advocacy groups, including, but not limited to, 3 14 representatives from the alliance for the mentally ill 3 14 and mental health advocates, representatives from the 3 14 Iowa department of public health, and representatives 3 14 from the psychiatric and psychological services 3 14 community. 3 21 HF 587 3 22 rh/es/25
Text: HF00586 Text: HF00588 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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