Text: SF00099 Text: SF00101 Text: SF00100 - SF00199 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 1419SV 79
2 34 jp/cls/14
Text: SF00099 Text: SF00101 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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