Senate File 513 S-5046 Amend Senate File 513 as follows: 1 1. Page 1, line 1, by striking < 2021 > and inserting < 2022 > 2 2. Page 1, line 3, by striking < Any reports > and inserting 3 < A crisis intervention report > 4 3. Page 1, line 15, after < A > by inserting < crisis 5 intervention > 6 4. Page 1, line 22, by striking < Reports > and inserting 7 < Crisis intervention reports > 8 5. Page 1, by striking lines 24 through 27 and inserting: 9 < d. Notwithstanding other provisions of this subsection, 10 the date, time, specific location, and immediate facts and 11 circumstances surrounding a crime or incident shall not be kept 12 confidential under this subsection, except where disclosure 13 would pose a clear and present danger to the safety of the 14 person subject to the crisis intervention report or the safety 15 of others. 16 e. For the purposes of this subsection: 17 (1) “Crisis intervention report” or “report” means a report 18 generated by a law enforcement agency using a prescribed form 19 created by the department of justice to record the following 20 information relevant to assess the nature of a crisis: 21 (a) Any biological or chemical causes of the crisis. 22 (b) Any observed demeanors and behaviors of the person 23 experiencing the crisis. 24 (c) Persons notified in relation to the crisis. 25 (d) Whether suicide or injuries occurred in relation to the 26 crisis and the extent of those injuries. 27 (e) Whether weapons were involved in the crisis and a 28 description of the weapon. 29 (f) The disposition of the crisis intervention and any crime 30 committed. 31 (2) “Housing crisis” means a situation where a person is 32 experiencing homelessness, a lack of adequate or safe housing, 33 or is in imminent danger of homelessness or lack of adequate 34 or safe housing. > 35 -1- SF 513.3678 (1) 89 dg/rh 1/ 5 #1. #2. #3. #4. #5.

6. Page 1, before line 28 by inserting: 1 < Sec. ___. Section 125.2, Code 2022, is amended by adding 2 the following new subsection: 3 NEW SUBSECTION . 11A. “Magistrate” means the same as defined 4 in section 801.4, subsection 10. 5 Sec. ___. Section 125.91, subsection 2, Code 2022, is 6 amended to read as follows: 7 2. a. A peace officer who has reasonable grounds to 8 believe that the circumstances described in subsection 1 are 9 applicable may, without a warrant, take or cause that person 10 to be taken to the nearest available facility referred to in 11 section 125.81, subsection 2 , paragraph “b” or “c” . Such a 12 person with a substance-related disorder due to intoxication 13 or substance-induced incapacitation who also demonstrates 14 a significant degree of distress or dysfunction may also 15 be delivered to a facility by someone other than a peace 16 officer upon a showing of reasonable grounds. Upon delivery 17 of the person to a facility under this section , the attending 18 physician and surgeon or osteopathic physician and surgeon may 19 order treatment of the person, but only to the extent necessary 20 to preserve the person’s life or to appropriately control 21 the person’s behavior if the behavior is likely to result in 22 physical injury to the person or others if allowed to continue. 23 The peace officer or other person who delivered the person to 24 the facility shall describe the circumstances of the matter to 25 the attending physician and surgeon or osteopathic physician 26 and surgeon. If the person is a peace officer, the peace 27 officer may do so either in person or by written report. 28 b. If the attending physician and surgeon or osteopathic 29 physician and surgeon has reasonable grounds to believe that 30 the circumstances in subsection 1 are applicable, the facility 31 shall have the authority to detain the person for a period of 32 no longer than twelve hours. Within twelve hours of detaining 33 a person pursuant to this section, the attending physician 34 shall at once communicate with the nearest available magistrate 35 -2- SF 513.3678 (1) 89 dg/rh 2/ 5 #6.

as defined in section 801.4, subsection 10 . 1 c. The Once contacted pursuant to paragraph “b” , the 2 magistrate shall, based upon the circumstances described by 3 the attending physician and surgeon or osteopathic physician 4 and surgeon, give the attending physician and surgeon or 5 osteopathic physician and surgeon oral instructions either 6 directing that the person be released forthwith, or authorizing 7 the person’s detention in an appropriate facility. The 8 magistrate may also give oral instructions and order that the 9 detained person be transported to an appropriate facility. 10 b. d. If the magistrate orders that the person be detained, 11 the magistrate shall, by the close of business on the next 12 working day, file a written order with the clerk in the county 13 where it is anticipated that an application may be filed 14 under section 125.75 . The order may be filed by facsimile 15 if necessary. The order shall state the circumstances under 16 which the person was taken into custody or otherwise brought 17 to a facility and the grounds supporting the finding of 18 probable cause to believe that the person is a person with 19 a substance-related disorder likely to result in physical 20 injury to the person or others if not detained. The order 21 shall confirm the oral order authorizing the person’s detention 22 including any order given to transport the person to an 23 appropriate facility. The clerk shall provide a copy of that 24 order to the attending physician and surgeon or osteopathic 25 physician and surgeon at the facility to which the person was 26 originally taken, any subsequent facility to which the person 27 was transported, and to any law enforcement department or 28 ambulance service that transported the person pursuant to the 29 magistrate’s order. 30 Sec. ___. Section 229.1, Code 2022, is amended by adding the 31 following new subsection: 32 NEW SUBSECTION . 8A. “Magistrate” means the same as defined 33 in section 801.4, subsection 10. 34 Sec. ___. Section 229.22, subsection 2, paragraph a, 35 -3- SF 513.3678 (1) 89 dg/rh 3/ 5

subparagraphs (4) and (5), Code 2022, are amended to read as 1 follows: 2 (4) (a) If the examining physician, examining physician 3 assistant, examining mental health professional, or examining 4 psychiatric advanced registered nurse practitioner finds 5 that there is reason to believe that the person is seriously 6 mentally impaired, and because of that impairment is likely 7 to physically injure the person’s self or others if not 8 immediately detained, the facility shall have the authority 9 to detain the person for a period of no longer than twelve 10 hours. Within twelve hours of detaining a person pursuant to 11 this section, the examining physician, examining physician 12 assistant, examining mental health professional, or examining 13 psychiatric advanced registered nurse practitioner shall at 14 once communicate with the nearest available magistrate as 15 defined in section 801.4, subsection 10 . 16 (5) (b) The Once contacted pursuant to subparagraph 17 division (a), the magistrate shall, based upon the 18 circumstances described by the examining physician, examining 19 physician assistant, examining mental health professional, or 20 examining psychiatric advanced registered nurse practitioner, 21 give the examining physician, examining physician assistant, 22 examining mental health professional, or examining psychiatric 23 advanced registered nurse practitioner oral instructions either 24 directing that the person be released forthwith or authorizing 25 the person’s detention in an appropriate facility. A peace 26 officer from the law enforcement agency that took the person 27 into custody, if available, during the communication with the 28 magistrate, may inform the magistrate that an arrest warrant 29 has been issued for or charges are pending against the person 30 and request that any oral or written order issued under this 31 subsection require the facility or hospital to notify the law 32 enforcement agency about the discharge of the person prior to 33 discharge. The magistrate may also give oral instructions and 34 order that the detained person be transported to an appropriate 35 -4- SF 513.3678 (1) 89 dg/rh 4/ 5

facility. 1 Sec. ___. Section 331.910, subsection 3, paragraph a, Code 2 2022, is amended to read as follows: 3 a. A region may contract with a receiving agency in a 4 bordering state to secure substance abuse or mental health care 5 and treatment under this subsection for persons who receive 6 substance abuse or mental health care and treatment pursuant to 7 section 125.33 or , 125.91, 229.2 , or 229.22 through a region. 8 Sec. ___. Section 331.910, subsection 4, paragraphs a and b, 9 Code 2022, are amended to read as follows: 10 a. A person who is detained, committed, or placed on an 11 involuntary basis under section 125.75 or , 125.91, 229.6 , or 12 229.22 may be civilly committed and treated in another state 13 pursuant to a contract under this subsection . 14 b. A person who is detained, committed, or placed on 15 an involuntary basis under the civil commitment laws of a 16 bordering state substantially similar to section 125.75 or , 17 125.91, 229.6 , or 229.22 may be civilly committed and treated 18 in this state pursuant to a contract under this subsection . > 19 7. Title page, lines 1 and 2, by striking < the 20 confidentiality of certain law enforcement information 21 involving a person > and inserting < persons > 22 8. By renumbering as necessary. 23 ______________________________ DAN DAWSON -5- SF 513.3678 (1) 89 dg/rh 5/ 5 #7. #8.