Text: SF00360                           Text: SF00362
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index



Senate File 361

Partial Bill History

Bill Text

PAG LIN
  1  1                                    SENATE FILE 361
  1  2  
  1  3                             AN ACT
  1  4 RELATING TO EMERGENCY PROCEDURES FOR THE TEMPORARY DETENTION
  1  5    AND TREATMENT OF PERSONS WHO ARE INCAPACITATED OR IMPAIRED
  1  6    DUE TO SUBSTANCE ABUSE OR MENTAL HEALTH PROBLEMS.  
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10    Section 1.  Section 125.91, subsection 2, Code 2003, is
  1 11 amended to read as follows:
  1 12    2.  a.  A peace officer who has reasonable grounds to
  1 13 believe that the circumstances described in subsection 1 are
  1 14 applicable, may, without a warrant, take or cause that person
  1 15 to be taken to the nearest available facility referred to in
  1 16 section 125.81, subsection 2 or 3.  Such an intoxicated or
  1 17 incapacitated person may also be delivered to a facility by
  1 18 someone other than a peace officer upon a showing of
  1 19 reasonable grounds.  Upon delivery of the person to a facility
  1 20 under this section, the chief medical officer examining
  1 21 physician may order treatment of the person, but only to the
  1 22 extent necessary to preserve the person's life or to
  1 23 appropriately control the person's behavior if the behavior is
  1 24 likely to result in physical injury to the person or others if
  1 25 allowed to continue.  The peace officer or other person who
  1 26 delivered the person to the facility shall describe the
  1 27 circumstances of the matter to the administrator examining
  1 28 physician.  If the person is a peace officer, the peace
  1 29 officer may do so either in person or by written report.  If
  1 30 the administrator in consultation with the chief medical
  1 31 officer examining physician has reasonable grounds to believe
  1 32 that the circumstances in subsection 1 are applicable, the
  1 33 administrator examining physician shall at once communicate
  1 34 with the nearest available magistrate as defined in section
  1 35 801.4, subsection 10.  The magistrate shall immediately
  2  1 proceed to the facility where the person is detained, except
  2  2 that if the administrator's communication with the magistrate
  2  3 occurs between the hours of midnight and seven a.m. and the
  2  4 magistrate deems it appropriate under the circumstances
  2  5 described by the administrator, the magistrate may delay going
  2  6 to the facility, and in that case, shall, based upon the
  2  7 circumstances described by the examining physician, give the
  2  8 administrator examining physician verbal oral instructions
  2  9 either directing that the person be released forthwith, or
  2 10 authorizing the person's continued detention at the in an
  2 11 appropriate facility.  The magistrate may also give oral
  2 12 instructions and order that the detained person be transported
  2 13 to an appropriate facility.  In the latter case, the
  2 14 magistrate shall:
  2 15    a.  Arrive at the facility where the person is being
  2 16 detained as soon as possible and no later than twelve o'clock
  2 17 noon of the same day on which the administrator's
  2 18 communication occurred.
  2 19    b.  By the close of business on the next working day file
  2 20 with the clerk a written report stating the substance of the
  2 21 communication with the administrator on which the person's
  2 22 continued detention was ordered.  If the magistrate orders
  2 23 that the person be detained, the magistrate shall, by the
  2 24 close of business on the next working day, file a written
  2 25 order with the clerk in the county where it is anticipated
  2 26 that an application may be filed under section 125.75.  The
  2 27 order may be filed by facsimile if necessary.  The order shall
  2 28 state the circumstances under which the person was taken into
  2 29 custody or otherwise brought to a facility and the grounds
  2 30 supporting the finding of probable cause to believe that the
  2 31 person is a chronic substance abuser likely to result in
  2 32 physical injury to the person or others if not detained.  The
  2 33 order shall confirm the oral order authorizing the person's
  2 34 detention including any order given to transport the person to
  2 35 an appropriate facility.  The clerk shall provide a copy of
  3  1 that order to the chief medical officer of the facility to
  3  2 which the person was originally taken, any subsequent facility
  3  3 to which the person was transported, and to any law
  3  4 enforcement department or ambulance service that transported
  3  5 the person pursuant to the magistrate's order.
  3  6    Sec. 2.  Section 125.91, subsection 3, Code 2003, is
  3  7 amended by striking the subsection.
  3  8    Sec. 3.  Section 229.22, subsection 2, Code 2003, is
  3  9 amended to read as follows:
  3 10    2.  In the circumstances described in subsection 1, any
  3 11 peace officer who has reasonable grounds to believe that a
  3 12 person is mentally ill, and because of that illness is likely
  3 13 to physically injure the person's self or others if not
  3 14 immediately detained, may without a warrant take or cause that
  3 15 person to be taken to the nearest available facility as
  3 16 defined in section 229.11, subsections 2 and 3.  A person
  3 17 believed mentally ill, and likely to injure the person's self
  3 18 or others if not immediately detained, may be delivered to a
  3 19 hospital by someone other than a peace officer.  Upon delivery
  3 20 of the person believed mentally ill to the hospital, the chief
  3 21 medical officer examining physician may order treatment of
  3 22 that person, including chemotherapy, but only to the extent
  3 23 necessary to preserve the person's life or to appropriately
  3 24 control behavior by the person which is likely to result in
  3 25 physical injury to that person or others if allowed to
  3 26 continue.  The peace officer who took the person into custody,
  3 27 or other party who brought the person to the hospital, shall
  3 28 describe the circumstances of the matter to the chief medical
  3 29 officer examining physician.  If the person is a peace
  3 30 officer, the peace officer may do so either in person or by
  3 31 written report.  If the chief medical officer examining
  3 32 physician finds that there is reason to believe that the
  3 33 person is seriously mentally impaired, and because of that
  3 34 impairment is likely to physically injure the person's self or
  3 35 others if not immediately detained, the chief medical officer
  4  1 examining physician shall at once communicate with the nearest
  4  2 available magistrate as defined in section 801.4, subsection
  4  3 10.  The magistrate shall, based upon the circumstances
  4  4 described by the chief medical officer examining physician,
  4  5 give the chief medical officer examining physician verbal oral
  4  6 instructions either directing that the person be released
  4  7 forthwith or authorizing the person's continued detention at
  4  8 that in an appropriate facility.  The magistrate may also give
  4  9 oral instructions and order that the detained person be
  4 10 transported to an appropriate facility.  In the latter case,
  4 11 the magistrate shall:
  4 12    a.  By the close of business on the next working day, file
  4 13 with the clerk a written report stating the substance of the
  4 14 information on the basis of which the person's continued
  4 15 detention was ordered; and
  4 16    b.  Proceed to the facility where the person is being
  4 17 detained within twenty-four hours of giving instructions that
  4 18 the person be detained.  If the magistrate orders that the
  4 19 person be detained, the magistrate shall, by the close of
  4 20 business on the next working day, file a written order with
  4 21 the clerk in the county where it is anticipated that an
  4 22 application may be filed under section 229.6.  The order may
  4 23 be filed by facsimile if necessary.  The order shall state the
  4 24 circumstances under which the person was taken into custody or
  4 25 otherwise brought to a facility, and the grounds supporting
  4 26 the finding of probable cause to believe that the person is
  4 27 seriously mentally impaired and likely to injure the person's
  4 28 self or others if not immediately detained.  The order shall
  4 29 confirm the oral order authorizing the person's detention
  4 30 including any order given to transport the person to an
  4 31 appropriate facility.  The clerk shall provide a copy of that
  4 32 order to the chief medical officer of the facility to which
  4 33 the person was originally taken, to any subsequent facility to
  4 34 which the person was transported, and to any law enforcement
  4 35 department or ambulance service that transported the person
  5  1 pursuant to the magistrate's order.
  5  2    Sec. 4.  Section 229.22, subsection 3, Code 2003, is
  5  3 amended by striking the subsection.  
  5  4 
  5  5 
  5  6                                                             
  5  7                               MARY E. KRAMER
  5  8                               President of the Senate
  5  9 
  5 10 
  5 11                                                             
  5 12                               CHRISTOPHER C. RANTS
  5 13                               Speaker of the House
  5 14 
  5 15    I hereby certify that this bill originated in the Senate and
  5 16 is known as Senate File 361, Eightieth General Assembly.
  5 17 
  5 18 
  5 19                                                             
  5 20                               MICHAEL E. MARSHALL
  5 21                               Secretary of the Senate
  5 22 Approved                , 2003
  5 23 
  5 24 
  5 25                                
  5 26 THOMAS J. VILSACK
  5 27 Governor
     

Text: SF00360                           Text: SF00362
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home index


© 2003 Cornell College and League of Women Voters of Iowa


Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Thu Jun 19 02:30:01 CDT 2003
URL: /DOCS/GA/80GA/Legislation/SF/00300/SF00361/030417.html
jhf