Senate Amendment 5240
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. The
1 24 facility or hospital may provide treatment which>
1 25 #3. Page 3, line 26, by striking <the order of the
1 26 magistrate> and inserting <this section>
1 27 #4. Page 3, line 28, after <person.> by inserting
1 28 <The law enforcement agency shall retrieve the person
1 29 no later than six hours after notification from the
1 30 facility or hospital but in no circumstances shall
1 31 the detention of the person exceed the period of time
1 32 prescribed for detention by this subsection.>
1 33 #5. Page 4, by striking lines 1 through 4 and
1 34 inserting <immediately detained, or if the facility
1 35 or hospital was required to notify a law enforcement
1 36 agency by this section, and the law enforcement
1 37 agency requesting notification prior to discharge
1 38 retrieved the person no later than six hours after
1 39 the notification, and the detention prior to the
1 40 retrieval of the person did not exceed the period of
1 41 time prescribed for detention by this subsection.>
1 42 #6. Page 4, before line 5 by inserting:
1 43 <Sec. ___. Section 229.22, Code Supplement 2009, is
1 44 amended by adding the following new subsections:
1 45 NEW SUBSECTION. 5. The department of public
1 46 safety shall prescribe the form to be used when a law
1 47 enforcement agency desires notification under this
1 48 section from a facility or hospital prior to discharge
1 49 of a person admitted to the facility or hospital and
1 50 for whom an arrest warrant has been issued or against
2 1 whom charges are pending. The form shall be consistent
2 2 with all laws, regulations, and rules relating to the
2 3 confidentiality or privacy of personal information
2 4 or medical records, including but not limited to the
2 5 federal Health Insurance Portability and Accountability
2 6 Act of 1996, Pub. L. No. 104=191, and regulations
2 7 promulgated in accordance with that Act and published
2 8 in 45 C.F.R. pts. 160=64.
2 9 NEW SUBSECTION. 6. A facility or hospital,
2 10 which has been notified by a peace officer or a law
2 11 enforcement agency by delivery of a form as prescribed
2 12 by the department of public safety indicating that
2 13 an arrest warrant has been issued for or charges are
2 14 pending against a person admitted to the facility or
2 15 hospital, that does not notify the law enforcement
2 16 agency about the discharge of the person as required by
2 17 subsection 2, paragraph "c", shall pay a civil penalty
2 18 as provided in section 805.8C, subsection 8.
2 19 Sec. ___. Section 805.8C, Code Supplement 2009, is
2 20 amended by adding the following new subsection:
2 21 NEW SUBSECTION. 8. Notification violations. For
2 22 violations of section 229.22, subsection 6, the
2 23 scheduled fine is one thousand dollars for a first
2 24 violation and two thousand dollars for a second or
2 25 subsequent violation. The scheduled fine under this
2 26 subsection is a civil penalty, and the criminal penalty
2 27 surcharge under section 911.1 shall not be added to the
2 28 penalty.>
2 29 #7. Title page, line 2, after <impairment> by
2 30 inserting <, and providing penalties>
2 31 #8. By renumbering as necessary.
SF2352.2131.H (4) 83
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