House Amendment 8356
PAG LIN
1 1 Amend Senate File 2352, as passed by the Senate, as
1 2 follows:
1 3 #1. Page 3, after line 5 by inserting:
1 4 <c. If an arrest warrant has been issued for
1 5 or charges are pending against the person, but no
1 6 court order exists requiring notification to a law
1 7 enforcement agency under paragraph "a" or "b", and if
1 8 the peace officer delivers the person to a facility or
1 9 hospital and the peace officer notifies the facility
1 10 or hospital in writing on a form prescribed by the
1 11 department of public safety that the facility or
1 12 hospital notify the law enforcement agency about
1 13 the discharge of the person prior to discharge, the
1 14 facility or hospital shall do all of the following:
1 15 (1) Notify the dispatch of the law enforcement
1 16 agency that employs the peace officer by telephone
1 17 prior to the discharge of the person from the facility
1 18 or hospital.
1 19 (2) Notify the law enforcement agency that employs
1 20 the peace officer by electronic mail prior to the
1 21 discharge of the person from the facility or hospital.>
1 22 #2. Page 3, by striking lines 11 through 15 and
1 23 inserting <is sooner dismissed by a magistrate. If
1 24 a person is to be discharged prior to the end of
1 25 the period of time prescribed for detention by this
1 26 subsection, the facility or hospital shall notify, if
1 27 required by this section, the law enforcement agency
1 28 requesting notification prior to the discharge of the
1 29 person. The law enforcement agency shall have up to
1 30 six hours after notification to retrieve the person but
1 31 in no circumstances shall the detention of the person
1 32 exceed the period of time prescribed for detention by
1 33 this subsection. The facility or hospital may provide
1 34 treatment which>
1 35 #3. Page 3, line 26, by striking <the order of the
1 36 magistrate> and inserting <this section>
1 37 #4. Page 4, by striking lines 1 through 4 and
1 38 inserting <immediately detained, or if the person
1 39 was discharged prior to the end of the period of
1 40 time prescribed for detention by this subsection,
1 41 the facility or hospital was required to notify
1 42 a law enforcement agency by this section, the law
1 43 enforcement agency requesting notification prior
1 44 to discharge retrieved the person within six hours
1 45 of the notification, and the detention prior to the
1 46 retrieval of the person did not exceed the period of
1 47 time prescribed for detention by this subsection.>
1 48 #5. Page 4, before line 5 by inserting:
1 49 <Sec. ___. Section 229.22, Code Supplement 2009, is
1 50 amended by adding the following new subsections:
2 1 NEW SUBSECTION. 5. The department of public
2 2 safety shall prescribe the form to be used when a law
2 3 enforcement agency desires notification under this
2 4 section from a facility or hospital prior to discharge
2 5 of a person admitted to the facility or hospital and
2 6 for whom an arrest warrant has been issued or against
2 7 whom charges are pending. The form shall be consistent
2 8 with all laws, regulations, and rules relating to the
2 9 confidentiality or privacy of personal information
2 10 or medical records, including but not limited to the
2 11 federal Health Insurance Portability and Accountability
2 12 Act of 1996, Pub. L. No. 104=191, and regulations
2 13 promulgated in accordance with that Act and published
2 14 in 45 C.F.R. pts. 160=64.
2 15 NEW SUBSECTION. 6. A facility or hospital,
2 16 which has been notified by a peace officer or a law
2 17 enforcement agency by delivery of a form as prescribed
2 18 by the department of public safety indicating that
2 19 an arrest warrant has been issued for or charges are
2 20 pending against a person admitted to the facility or
2 21 hospital, that does not notify the law enforcement
2 22 agency about the discharge of the person as required by
2 23 subsection 2, paragraph "c", shall pay a civil penalty
2 24 as provided in section 805.8C, subsection 8.
2 25 Sec. ___. Section 805.8C, Code Supplement 2009, is
2 26 amended by adding the following new subsection:
2 27 NEW SUBSECTION. 8. Notification violations. For
2 28 violations of section 229.22, subsection 6, the
2 29 scheduled fine is one thousand dollars for a first
2 30 violation and two thousand dollars for a second or
2 31 subsequent violation. The scheduled fine under this
2 32 subsection is a civil penalty, and the criminal penalty
2 33 surcharge under section 911.1 shall not be added to the
2 34 penalty.>
2 35 #6. Title page, line 2, after <impairment> by
2 36 inserting <, and providing penalties>
2 37 #7. By renumbering as necessary.
COMMITTEE ON JUDICIARY
SWAIM of Davis, Chairperson
SF2352.1913 (4) 83
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