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