House File 2258 - Introduced HOUSE FILE 2258 BY VAN ENGELENHOVEN A BILL FOR An Act allowing the use of an interactive video 1 teleconferencing system in involuntary commitment hearings 2 for chronic substance abusers and mentally ill persons. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6051YH (3) 83 rh/nh

H.F. 2258 Section 1. Section 125.82, subsection 4, Code 2009, is 1 amended to read as follows: 2 4. The respondent’s welfare is paramount, and the hearing 3 shall be tried as a civil matter and conducted in as informal 4 a manner as is consistent with orderly procedure , which may 5 include the use of an interactive video teleconferencing system 6 consistent with standards adopted by rule by the supreme 7 court . Discovery as permitted under the Iowa rules of civil 8 procedure is available to the respondent. The court shall 9 receive all relevant and material evidence, but the court is 10 not bound by the rules of evidence. A presumption in favor of 11 the respondent exists, and the burden of evidence and support 12 of the contentions made in the application shall be upon the 13 person who filed the application. If upon completion of the 14 hearing the court finds that the contention that the respondent 15 is a chronic substance abuser has not been sustained by clear 16 and convincing evidence, the court shall deny the application 17 and terminate the proceeding. 18 Sec. 2. Section 229.12, subsection 3, paragraph a, Code 19 Supplement 2009, is amended to read as follows: 20 a. The respondent’s welfare shall be paramount and the 21 hearing shall be tried as a civil matter and conducted in as 22 informal a manner as may be consistent with orderly procedure, 23 but consistent therewith the issue shall be tried as a civil 24 matter which may include the use of an interactive video 25 teleconferencing system consistent with standards adopted by 26 rule by the supreme court . Such discovery as is permitted 27 under the Iowa rules of civil procedure shall be available 28 to the respondent. The court shall receive all relevant and 29 material evidence which may be offered and need not be bound 30 by the rules of evidence. There shall be a presumption in 31 favor of the respondent, and the burden of evidence in support 32 of the contentions made in the application shall be upon the 33 applicant. 34 -1- LSB 6051YH (3) 83 rh/nh 1/ 2

H.F. 2258 EXPLANATION 1 This bill allows the use of an interactive video 2 teleconferencing system in involuntary commitment hearings for 3 chronic substance abusers and mentally ill persons subject to 4 standards adopted by rule by the Iowa supreme court. 5 -2- LSB 6051YH (3) 83 rh/nh 2/ 2