H.F. 2264 Section 1. Section 125.10, Code 2009, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 18. Develop and implement policies for 3 providing notice to a law enforcement agency as required by 4 section 125.91. 5 Sec. 2. Section 125.34, subsection 2, Code 2009, is amended 6 to read as follows: 7 2. If no facility is readily available the person may 8 be taken to an emergency medical service customarily used 9 for incapacitated persons. The peace officer in detaining 10 the person and in taking the person to a facility shall make 11 every reasonable effort to protect the person’s health and 12 safety. In detaining the person the detaining officer may take 13 reasonable steps for self-protection. Detaining a person under 14 section 125.91 is not an arrest and no entry or other record 15 shall be made to indicate that the person who is detained has 16 been arrested or charged with a crime except for an entry 17 or other record relating to an arrest upon discharge that is 18 permissible under section 125.91 . 19 Sec. 3. Section 125.91, subsection 2, Code Supplement 2009, 20 is amended by adding the following new paragraph: 21 NEW PARAGRAPH . Ob. In circumstances where a peace officer 22 delivers a person to the facility and the peace officer 23 notifies the facility, in writing, that the person is to 24 be arrested upon discharge, the facility shall notify the 25 law enforcement agency that employs the peace officer by 26 telephone and electronic mail at least six hours prior to the 27 planned discharge of the person from the facility. If the law 28 enforcement agency does not retrieve the person prior to the 29 time of the planned discharge, the person may be discharged as 30 planned. 31 Sec. 4. Section 135B.7, Code Supplement 2009, is amended by 32 adding the following new subsection: 33 NEW SUBSECTION . 5. The department shall adopt rules to 34 establish and implement protocols for providing notice to a law 35 -1- LSB 5010HH (4) 83 jm/rj 1/ 5

H.F. 2264 enforcement agency as required by section 229.22. 1 Sec. 5. Section 229.22, subsection 2, paragraph a, Code 2 Supplement 2009, is amended to read as follows: 3 a. In the circumstances described in subsection 1, any 4 peace officer who has reasonable grounds to believe that 5 a person is mentally ill, and because of that illness is 6 likely to physically injure the person’s self or others if 7 not immediately detained, may without a warrant take or cause 8 that person to be taken to the nearest available facility or 9 hospital as defined in section 229.11, subsection 1, paragraphs 10 “b” and “c” . A person believed mentally ill, and likely to 11 injure the person’s self or others if not immediately detained, 12 may be delivered to a facility or hospital by someone other 13 than a peace officer. Upon delivery of the person believed 14 mentally ill to the facility or hospital, the examining 15 physician may order treatment of that person, including 16 chemotherapy, but only to the extent necessary to preserve 17 the person’s life or to appropriately control behavior by the 18 person which is likely to result in physical injury to that 19 person or others if allowed to continue. The peace officer 20 who took the person into custody, or other party who brought 21 the person to the facility or hospital, shall describe the 22 circumstances of the matter to the examining physician. If the 23 person is a peace officer, the peace officer may do so either 24 in person or by written report. If the examining physician 25 finds that there is reason to believe that the person is 26 seriously mentally impaired, and because of that impairment is 27 likely to physically injure the person’s self or others if not 28 immediately detained, the examining physician shall at once 29 communicate with the nearest available magistrate as defined 30 in section 801.4, subsection 10. The magistrate shall, based 31 upon the circumstances described by the examining physician, 32 give the examining physician oral instructions either directing 33 that the person be released forthwith or authorizing the 34 person’s detention in an appropriate facility or hospital . The 35 -2- LSB 5010HH (4) 83 jm/rj 2/ 5

H.F. 2264 magistrate may also give oral instructions and order that the 1 detained person be transported to an appropriate facility or 2 hospital . 3 Sec. 6. Section 229.22, subsection 2, Code Supplement 2009, 4 is amended by adding the following new paragraph: 5 NEW PARAGRAPH . Ob. In circumstances where a peace officer 6 delivers a person to a facility or hospital and the peace 7 officer notifies the facility or hospital, in writing, that 8 the person is to be arrested upon discharge or release, the 9 facility or hospital shall notify the law enforcement agency 10 that employs the peace officer by telephone and electronic 11 mail at least six hours prior to the planned discharge or 12 release of the person from the facility or hospital. If the 13 law enforcement agency does not retrieve the person prior to 14 the time of the planned discharge or release, the person may be 15 discharged or released as planned. 16 Sec. 7. Section 229.22, subsection 2, paragraph b, Code 17 Supplement 2009, is amended to read as follows: 18 b. If the magistrate orders that the person be detained, 19 the magistrate shall, by the close of business on the next 20 working day, file a written order with the clerk in the county 21 where it is anticipated that an application may be filed 22 under section 229.6. The order may be filed by facsimile if 23 necessary. The order shall state the circumstances under which 24 the person was taken into custody or otherwise brought to a 25 facility or hospital , and the grounds supporting the finding of 26 probable cause to believe that the person is seriously mentally 27 impaired and likely to injure the person’s self or others if 28 not immediately detained. The order shall confirm the oral 29 order authorizing the person’s detention including any order 30 given to transport the person to an appropriate facility or 31 hospital . The clerk shall provide a copy of that order to the 32 chief medical officer of the facility or hospital to which the 33 person was originally taken, to any subsequent facility or 34 hospital to which the person was transported, and to any law 35 -3- LSB 5010HH (4) 83 jm/rj 3/ 5

H.F. 2264 enforcement department or ambulance service that transported 1 the person pursuant to the magistrate’s order. 2 EXPLANATION 3 This bill relates to the emergency detention or 4 hospitalization of a person incapacitated by a chemical 5 substance or with a serious mental impairment. 6 The bill applies to persons who are not under arrest but who 7 will be placed under arrest upon discharge or release from the 8 facility or hospital treating the person. 9 The bill requires the director of public health to develop 10 and implement policies for a facility licensed under Code 11 chapter 125 (chemical substance abuse) for notifying a law 12 enforcement agency of the planned discharge of a person as 13 required by Code section 125.91 under the bill. Violations 14 of the requirements of Code chapter 125 are governed by Code 15 section 125.17. 16 Under the bill, if a peace officer delivers a person to a 17 facility for detention due to incapacitation from a chemical 18 substance, and the peace officer indicates the person is to 19 be arrested upon discharge from the facility, the facility 20 shall contact the law enforcement agency that employs the peace 21 officer by telephone and electronic mail at least six hours 22 prior to the planned discharge of the person from the facility. 23 The bill provides that if the law enforcement agency does not 24 retrieve the person prior to the time of the planned discharge, 25 the person may be discharged as planned. 26 The department of inspections and appeals is required to 27 adopt rules to establish and implement protocols for notifying 28 a law enforcement agency of the planned discharge of a person 29 as required by Code section 229.22 as amended by the bill. 30 Violations of the requirements of Code chapter 135B are 31 governed by Code section 135B.6. 32 Under the bill, if a peace officer delivers a person to a 33 hospital for emergency hospitalization for a serious mental 34 impairment, and the peace officer indicates the person is to 35 -4- LSB 5010HH (4) 83 jm/rj 4/ 5

H.F. 2264 be arrested upon discharge or release from the hospital, the 1 hospital shall contact the law enforcement agency that employs 2 the peace officer by telephone and electronic mail at least 3 six hours prior to the planned discharge or release of the 4 person from the hospital. The bill provides that if the law 5 enforcement agency does not retrieve the person prior to the 6 time of the planned discharge or release, the person may be 7 discharged or released as planned. 8 -5- LSB 5010HH (4) 83 jm/rj 5/ 5