S.F. 2050 Section 1. Section 125.34, subsection 2, Code 2009, is 1 amended to read as follows: 2 2. If no facility is readily available the person may 3 be taken to an emergency medical service customarily used 4 for incapacitated persons. The peace officer in detaining 5 the person and in taking the person to a facility shall make 6 every reasonable effort to protect the person’s health and 7 safety. In detaining the person the detaining officer may take 8 reasonable steps for self-protection. Detaining a person under 9 section 125.91 is not an arrest and no entry or other record 10 shall be made to indicate that the person who is detained has 11 been arrested or charged with a crime except for an entry 12 or other record relating to an arrest upon discharge that is 13 permissible under section 125.91 . 14 Sec. 2. Section 125.91, subsection 2, paragraphs a and b, 15 Code Supplement 2009, are amended to read as follows: 16 a. A peace officer who has reasonable grounds to believe 17 that the circumstances described in subsection 1 are applicable 18 may, without a warrant, take or cause that person to be taken 19 to the nearest available facility referred to in section 20 125.81, subsection 2, paragraph “b” or “c” . Such an intoxicated 21 or incapacitated person may also be delivered to a facility by 22 someone other than a peace officer upon a showing of reasonable 23 grounds. Upon delivery of the person to a facility under 24 this section, the examining physician may order treatment of 25 the person, but only to the extent necessary to preserve the 26 person’s life or to appropriately control the person’s behavior 27 if the behavior is likely to result in physical injury to the 28 person or others if allowed to continue. The peace officer or 29 other person who delivered the person to the facility shall 30 describe the circumstances of the matter to the examining 31 physician. If the person is a peace officer, the peace officer 32 may do so either in person or by written report. A peace 33 officer shall appear in person if the person is to be arrested 34 upon discharge. If the examining physician has reasonable 35 -1- LSB 5010SS (7) 83 jm/rj 1/ 7

S.F. 2050 grounds to believe that the circumstances in subsection 1 1 are applicable, the examining physician shall at once 2 communicate with the nearest available magistrate as defined 3 in section 801.4, subsection 10. During the communication 4 with the nearest available magistrate, the peace officer shall 5 inform the magistrate that the person is to be arrested upon 6 discharge and notice has been provided pursuant to paragraph 7 “b” . The magistrate shall, based upon the circumstances 8 described by the examining physician, give the examining 9 physician oral instructions either directing that the person 10 be released forthwith, or authorizing the person’s detention 11 in an appropriate facility. The magistrate may also give oral 12 instructions and order that the detained person be transported 13 to an appropriate facility. 14 b. In circumstances where a peace officer delivers a person 15 to the facility and the peace officer notifies the facility, in 16 writing, that the person is to be arrested upon discharge, the 17 facility shall notify the law enforcement agency that employs 18 the peace officer by telephone or electronic mail at least six 19 hours prior to the planned discharge of the person from the 20 facility. If the law enforcement agency does not retrieve the 21 person prior to the time of the planned discharge, the person 22 may be discharged as planned. 23 b. c. If the magistrate orders that the person be detained, 24 the magistrate shall, by the close of business on the next 25 working day, file a written order with the clerk in the county 26 where it is anticipated that an application may be filed 27 under section 125.75. The order may be filed by facsimile if 28 necessary. The order shall state the circumstances under which 29 the person was taken into custody or otherwise brought to a 30 facility , and the grounds supporting the finding of probable 31 cause to believe that the person is a chronic substance abuser 32 likely to result in physical injury to the person or others if 33 not detained , and whether notification to a law enforcement 34 agency seeking to arrest the person is required prior to 35 -2- LSB 5010SS (7) 83 jm/rj 2/ 7

S.F. 2050 discharge pursuant to paragraph “b” . The order shall confirm 1 the oral order authorizing the person’s detention including 2 any order given to transport the person to an appropriate 3 facility. The clerk shall provide a copy of that order to the 4 chief medical officer of the facility to which the person was 5 originally taken, any subsequent facility to which the person 6 was transported, and to any law enforcement department or 7 ambulance service that transported the person pursuant to the 8 magistrate’s order. 9 Sec. 3. Section 125.91, Code Supplement 2009, is amended by 10 adding the following new subsection: 11 NEW SUBSECTION . 5. A facility that does not notify a law 12 enforcement agency about the discharge of a person who is to be 13 arrested as provided in section 2, paragraph “b” , shall pay a 14 civil penalty as provided in section 805.8C, subsection 8. 15 Sec. 4. Section 229.22, subsection 2, paragraphs a and b, 16 Code Supplement 2009, are amended to read as follows: 17 a. In the circumstances described in subsection 1, any 18 peace officer who has reasonable grounds to believe that 19 a person is mentally ill, and because of that illness is 20 likely to physically injure the person’s self or others if 21 not immediately detained, may without a warrant take or cause 22 that person to be taken to the nearest available facility or 23 hospital as defined in section 229.11, subsection 1, paragraphs 24 “b” and “c” . A person believed mentally ill, and likely 25 to injure the person’s self or others if not immediately 26 detained, may be delivered to a hospital by someone other 27 than a peace officer. Upon delivery of the person believed 28 mentally ill to the hospital, the examining physician may 29 order treatment of that person, including chemotherapy, but 30 only to the extent necessary to preserve the person’s life 31 or to appropriately control behavior by the person which is 32 likely to result in physical injury to that person or others 33 if allowed to continue. The peace officer who took the person 34 into custody, or other party who brought the person to the 35 -3- LSB 5010SS (7) 83 jm/rj 3/ 7

S.F. 2050 hospital, shall describe the circumstances of the matter to 1 the examining physician. If the person is a peace officer, 2 the peace officer may do so either in person or by written 3 report. A peace officer shall appear in person if the person 4 is to be arrested upon discharge. If the examining physician 5 finds that there is reason to believe that the person is 6 seriously mentally impaired, and because of that impairment is 7 likely to physically injure the person’s self or others if not 8 immediately detained, the examining physician shall at once 9 communicate with the nearest available magistrate as defined 10 in section 801.4, subsection 10. During the communication 11 with the nearest available magistrate, the peace officer shall 12 inform the magistrate that the person is to be arrested upon 13 discharge and notice has been provided pursuant to paragraph 14 “b” . The magistrate shall, based upon the circumstances 15 described by the examining physician, give the examining 16 physician oral instructions either directing that the person 17 be released forthwith or authorizing the person’s detention in 18 an appropriate facility. The magistrate may also give oral 19 instructions and order that the detained person be transported 20 to an appropriate facility. 21 b. In circumstances where a peace officer delivers a person 22 to a facility or hospital and the peace officer notifies the 23 facility or hospital, in writing, that the person is to be 24 arrested upon discharge or release, the facility or hospital 25 shall notify the law enforcement agency that employs the peace 26 officer by telephone or electronic mail at least six hours 27 prior to the planned discharge or release of the person from 28 the facility or hospital. If the law enforcement agency does 29 not retrieve the person prior to the time of the planned 30 discharge or release, the person may be discharged or released 31 as planned. 32 b. c. If the magistrate orders that the person be detained, 33 the magistrate shall, by the close of business on the next 34 working day, file a written order with the clerk in the county 35 -4- LSB 5010SS (7) 83 jm/rj 4/ 7

S.F. 2050 where it is anticipated that an application may be filed 1 under section 229.6. The order may be filed by facsimile if 2 necessary. The order shall state the circumstances under which 3 the person was taken into custody or otherwise brought to a 4 facility or hospital , and the grounds supporting the finding 5 of probable cause to believe that the person is seriously 6 mentally impaired and likely to injure the person’s self or 7 others if not immediately detained , and whether notification 8 to a law enforcement agency seeking to arrest the person is 9 required prior to discharge pursuant to paragraph “b” . The 10 order shall confirm the oral order authorizing the person’s 11 detention including any order given to transport the person 12 to an appropriate facility or hospital . The clerk shall 13 provide a copy of that order to the chief medical officer of 14 the facility or hospital to which the person was originally 15 taken, to any subsequent facility or hospital to which the 16 person was transported, and to any law enforcement department 17 or ambulance service that transported the person pursuant to 18 the magistrate’s order. 19 Sec. 5. Section 229.22, Code Supplement 2009, is amended by 20 adding the following new subsection: 21 NEW SUBSECTION . 5. A hospital that does not notify a law 22 enforcement agency about the discharge of a person who is to be 23 arrested as provided in section 2, paragraph “b” , shall pay a 24 civil penalty as provided in section 805.8C, subsection 8. 25 Sec. 6. Section 805.8C, Code Supplement 2009, is amended by 26 adding the following new subsection: 27 NEW SUBSECTION . 8. Notification Violations. For violations 28 described in section 125.91 or 229.22 the scheduled fine is 29 five hundred dollars for a first violation, and one thousand 30 dollars for a second or subsequent violation. The scheduled 31 fine under this subsection is a civil penalty, and the criminal 32 penalty surcharge under section 911.1 shall not be added to the 33 penalty. 34 -5- LSB 5010SS (7) 83 jm/rj 5/ 7

S.F. 2050 EXPLANATION 1 This bill relates to the emergency detention or 2 hospitalization of a person incapacitated by a chemical 3 substance or with a serious mental impairment. 4 The bill applies to persons who are not under arrest but who 5 will be placed under arrest upon discharge or release from the 6 facility or hospital treating the person. 7 Under the bill, if a peace officer delivers a person to a 8 facility for detention due to incapacitation from a chemical 9 substance, and the peace officer indicates the person is to 10 be arrested upon discharge from the facility, the facility 11 shall contact the law enforcement agency that employs the peace 12 officer by telephone or electronic mail at least six hours 13 prior to the planned discharge of the person from the facility. 14 The bill provides that if the law enforcement agency does not 15 retrieve the person prior to the time of the planned discharge, 16 the person may be discharged as planned. If the person is to be 17 arrested upon discharge, the bill requires the peace officer 18 to remain at the facility, and inform the magistrate about the 19 pending arrest. If the peace officer informs the magistrate 20 that the person is to be arrested upon discharge, the bill also 21 requires the magistrate to indicate in the detention order that 22 the facility is required to notify the law enforcement agency 23 about the discharge prior to such discharge. 24 Under the bill, if a peace officer delivers a person to a 25 hospital for emergency hospitalization for a serious mental 26 impairment, and the peace officer indicates the person is to 27 be arrested upon discharge or release from the hospital, the 28 hospital shall contact the law enforcement agency that employs 29 the peace officer by telephone or electronic mail at least 30 six hours prior to the planned discharge or release of the 31 person from the hospital. The bill provides that if the law 32 enforcement agency does not retrieve the person prior to the 33 time of the planned discharge or release, the person may be 34 discharged or released as planned. If the person is to be 35 -6- LSB 5010SS (7) 83 jm/rj 6/ 7

S.F. 2050 arrested upon discharge, the bill requires the peace officer 1 to remain at the hospital, and inform the magistrate about the 2 pending arrest. If the peace officer informs the magistrate 3 that the person is to be arrested upon discharge, the bill also 4 requires the magistrate to indicate in the detention order that 5 the hospital is required to notify the law enforcement agency 6 about the discharge prior to such discharge. 7 If a facility detaining a person due to incapacitation from 8 a chemical substance or a hospital detaining a person due to a 9 serious mental impairment, fails to notify a law enforcement 10 agency about the discharge of a person who is to be arrested 11 upon discharge, the facility or hospital shall be in violation 12 of the bill and subject to a civil penalty. The bill assesses 13 a $500 civil penalty for a first violation and a $1,000 civil 14 penalty for a second or subsequent violation. 15 Code section 602.8108 governs the distribution of fines and 16 fees collected by the clerk of the district court. 17 -7- LSB 5010SS (7) 83 jm/rj 7/ 7