Text: SF00022 Text: SF00024 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 125.2, subsection 4, Code 2001, is 1 2 amended by adding the following new paragraph: 1 3 NEW PARAGRAPH. c. If pregnant, habitually lacks self- 1 4 control as to the use of chemical substances to the extent 1 5 that the person is likely to seriously endanger the person's 1 6 health, or to physically injure the person's self, fetus, or 1 7 others, if allowed to remain at liberty without treatment. 1 8 Sec. 2. Section 125.81, unnumbered paragraph 1, Code 2001, 1 9 is amended to read as follows: 1 10 If a person filing an application requests that a 1 11 respondent be taken into immediate custody, and the court upon 1 12 reviewing the application and accompanying documentation, 1 13 finds probable cause to believe that the respondent is a 1 14 chronic substance abuser who is likely to injure the person or 1 15 other persons if allowed to remain at liberty or if pregnant, 1 16 is likely to injure the person's self, fetus, or others if 1 17 allowed to remain at liberty, the court may enter a written 1 18 order directing that the respondent be taken into immediate 1 19 custody by the sheriff, and be detained until the commitment 1 20 hearing, which shall be held no more than five days after the 1 21 date of the order, except that if the fifth day after the date 1 22 of the order is a Saturday, Sunday, or a holiday, the hearing 1 23 may be held on the next business day. The court may order the 1 24 respondent detained for the period of time until the hearing 1 25 is held, and no longer except as provided in section 125.88, 1 26 in accordance with subsection 1 if possible, and if not, then 1 27 in accordance with subsection 2 or, only if neither of these 1 28 alternatives is available in accordance with subsection 3. 1 29 Detention may be: 1 30 Sec. 3. Section 125.81, subsection 2, Code 2001, is 1 31 amended to read as follows: 1 32 2. In a suitable hospital, the chief medical officer of 1 33 which shall be informed of the reasons why immediate custody 1 34 has been ordered. The hospital may provide treatment which is 1 35 necessary to preserve the respondent's life, or to 2 1 appropriately control the respondent's behavior which is 2 2 likely to result in physical injury to the person or to others 2 3 if allowed to continue, or if the respondent is pregnant, to 2 4 the respondent's self, fetus, or others and other treatment as 2 5 deemed appropriate by the chief medical officer. 2 6 Sec. 4. IMPLEMENTATION OF ACT. Section 25B.2, subsection 2 7 3, shall not apply to this Act. 2 8 EXPLANATION 2 9 This bill relates to substance abuse by pregnant women by 2 10 providing for civil commitment of chronic substance abusers 2 11 who are pregnant. 2 12 The bill amends the definition of "chronic substance 2 13 abuser" in Code section 125.2, to include a pregnant person 2 14 who habitually lacks self-control as to the use of chemical 2 15 substances to the extent that the person is likely to 2 16 seriously endanger the person's health, or to physically 2 17 injure the person's self, fetus, or others, if allowed to 2 18 remain at liberty without treatment. The bill incorporates 2 19 this standard into the current definition which includes a 2 20 similar standard for persons who are not pregnant as well as a 2 21 requirement that the person lacks sufficient judgment to make 2 22 responsible decisions with respect to the person's 2 23 hospitalization or treatment. Corresponding amendments are 2 24 made to Code section 125.81, relating to taking a chronic 2 25 substance abuser into immediate custody for treatment. 2 26 The bill may include a state mandate as defined in Code 2 27 section 25B.3. The bill makes inapplicable Code section 2 28 25B.2, subsection 3, which would relieve a political 2 29 subdivision from complying with a state mandate if funding for 2 30 the cost of the state mandate is not provided or specified. 2 31 Therefore, political subdivisions are required to comply with 2 32 any state mandate included in the bill. 2 33 LSB 1419XS 79 2 34 jp/cls/14
Text: SF00022 Text: SF00024 Text: SF00000 - SF00099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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