Senate File 230 - Introduced



                                       SENATE FILE       
                                       BY  WARNSTADT


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to substance abuse and mental health commitment
  2    or treatment proceedings.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1946XS 81
  5 rh/gg/14

PAG LIN



  1  1    Section 1.  Section 125.82, subsection 1, Code 2005, is
  1  2 amended to read as follows:
  1  3    1.  At a commitment hearing, evidence in support of the
  1  4 contentions made in the application shall be presented by the
  1  5 applicant, or by an attorney for the applicant, or by the
  1  6 county attorney if the county attorney is the applicant.
  1  7 During the hearing the applicant and the respondent shall be
  1  8 afforded an opportunity to testify and to present and cross=
  1  9 examine witnesses, and the court may receive the testimony of
  1 10 other interested persons.  If the respondent is present at the
  1 11 hearing, as provided in subsection 3, and has been medicated
  1 12 within twelve hours, or a longer period of time as the court
  1 13 may designate, prior to the beginning of the hearing or a
  1 14 session of the hearing, the court shall be informed of that
  1 15 fact and of the probable effects of the medication upon
  1 16 convening of the hearing.
  1 17    Sec. 2.  Section 229.10, subsection 1, unnumbered paragraph
  1 18 1, Code 2005, is amended to read as follows:
  1 19    An examination of the respondent shall be conducted by one
  1 20 or more licensed physicians, as required by the court's order,
  1 21 within a reasonable time. If the respondent is detained
  1 22 pursuant to section 229.11, subsection 2, the examination
  1 23 shall be conducted within twenty=four hours. If the respondent
  1 24 is detained pursuant to section 229.11, subsection 1 or 3, the
  1 25 examination shall be conducted within forty=eight hours.  If
  1 26 the respondent so desires, the respondent shall be entitled to
  1 27 a separate examination by a licensed physician of the
  1 28 respondent's own choice. The reasonable cost of such separate
  1 29 examination the examinations shall, if the respondent lacks
  1 30 sufficient funds to pay the cost, be paid from county funds
  1 31 upon order of the court.
  1 32                           EXPLANATION
  1 33    This bill relates to substance abuse or mental health
  1 34 commitment or treatment proceedings.
  1 35    The bill specifies that a county attorney shall present
  2  1 evidence at a hearing in support of a respondent's substance
  2  2 abuse commitment or treatment application.  Current law
  2  3 requires the applicant who filed an application for
  2  4 involuntary hospitalization against a respondent, or an
  2  5 attorney for the applicant, or the county attorney if the
  2  6 county attorney is the applicant, to present evidence at the
  2  7 hearing.
  2  8    The bill further specifies that costs for licensed
  2  9 physician examinations, both court=ordered and voluntary, for
  2 10 a respondent against whom an involuntary hospitalization
  2 11 application has been filed shall be paid from county funds by
  2 12 court order if the respondent is indigent.  Current law does
  2 13 not specify that county funding of court=ordered examinations
  2 14 is available for an indigent respondent in such a case.
  2 15 LSB 1946XS 81
  2 16 rh:nh/gg/14