Text: HF2257            Text: HF2259
Complete Bill History


House File 2258

HOUSE FILE BY VAN ENGELENHOVEN A BILL FOR 1 An Act allowing the use of an interactive video 2 teleconferencing system in involuntary commitment hearings 3 for chronic substance abusers and mentally ill persons. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 6051YH (3) 83 rh/nh PAG LIN 1 1 Section 1. Section 125.82, subsection 4, Code 2009, is 1 2 amended to read as follows: 1 3 4. The respondent's welfare is paramount, and the hearing 1 4 shall be tried as a civil matter and conducted in as informal 1 5 a manner as is consistent with orderly procedure, which may 1 6 include the use of an interactive video teleconferencing system 1 7 consistent with standards adopted by rule by the supreme 1 8 court. Discovery as permitted under the Iowa rules of civil 1 9 procedure is available to the respondent. The court shall 1 10 receive all relevant and material evidence, but the court is 1 11 not bound by the rules of evidence. A presumption in favor of 1 12 the respondent exists, and the burden of evidence and support 1 13 of the contentions made in the application shall be upon the 1 14 person who filed the application. If upon completion of the 1 15 hearing the court finds that the contention that the respondent 1 16 is a chronic substance abuser has not been sustained by clear 1 17 and convincing evidence, the court shall deny the application 1 18 and terminate the proceeding. 1 19 Sec. 2. Section 229.12, subsection 3, paragraph a, Code 1 20 Supplement 2009, is amended to read as follows: 1 21 a. The respondent's welfare shall be paramount and the 1 22 hearing shall be tried as a civil matter and conducted in as 1 23 informal a manner as may be consistent with orderly procedure, 1 24 but consistent therewith the issue shall be tried as a civil 1 25 matter which may include the use of an interactive video 1 26 teleconferencing system consistent with standards adopted by 1 27 rule by the supreme court. Such discovery as is permitted 1 28 under the Iowa rules of civil procedure shall be available 1 29 to the respondent. The court shall receive all relevant and 1 30 material evidence which may be offered and need not be bound 1 31 by the rules of evidence. There shall be a presumption in 1 32 favor of the respondent, and the burden of evidence in support 1 33 of the contentions made in the application shall be upon the 1 34 applicant. 2 1 EXPLANATION 2 2 This bill allows the use of an interactive video 2 3 teleconferencing system in involuntary commitment hearings for 2 4 chronic substance abusers and mentally ill persons subject to 2 5 standards adopted by rule by the Iowa supreme court. LSB 6051YH (3) 83 rh/nh
Text: HF2257            Text: HF2259 Complete Bill History