Text: SF229            Text: SF231
Complete Bill History


Senate File 230

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
Text: SF229            Text: SF231 Complete Bill History