February 12, 2013
HOUSE BILL No. 1130
_____
DIGEST OF HB 1130
(Updated February 11, 2013 1:22 pm - DI 107)
Citations Affected: IC 12-26.
Synopsis: Immediate detention. Provides that an individual who is
gravely disabled, in addition to having a mental illness and being in
immediate need of hospitalization, may be detained by a law
enforcement officer and transported to the nearest appropriate facility.
(This makes the immediate detention statute consistent with the
emergency and temporary commitment statutes.) (The introduced
version of this bill was prepared by the commission on mental health
and addiction.)
Effective: July 1, 2013.
Brown C, Bacon
, Riecken
, Pierce
January 8, 2013, read first time and referred to Committee on Judiciary.
February 12, 2013, reported _ Do Pass.
February 12, 2013
First Regular Session 118th General Assembly (2013)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2012 Regular Session of the General Assembly.
HOUSE BILL No. 1130
A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 12-26-4-1; (13)HB1130.1.1. -->
SECTION 1. IC 12-26-4-1, AS AMENDED BY P.L.99-2007,
SECTION 129, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 1. A law enforcement officer,
having reasonable grounds to believe that an individual has a mental
illness, is either dangerous or gravely disabled, and is in immediate
need of hospitalization and treatment, may do the following:
(1) Apprehend and transport the individual to the nearest
appropriate facility. The individual may not be transported to a
state institution.
(2) Charge the individual with an offense if applicable.
SOURCE: IC 12-26-4-1.5; (13)HB1130.1.2. -->
SECTION 2. IC 12-26-4-1.5, AS ADDED BY P.L.62-2012,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1.5. If a court has reasonable grounds to believe
that an individual:
(1) has a mental illness;
(2) is either dangerous or gravely disabled; and
(3) is in immediate need of hospitalization and treatment;
the court may order a law enforcement officer to transport the
individual to the nearest appropriate facility for a preliminary medical
and psychological evaluation. The individual may not be transported
to a state institution.
SOURCE: IC 12-26-4-9; (13)HB1130.1.3. -->
SECTION 3. IC 12-26-4-9, AS ADDED BY P.L.62-2012,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 9. If it is determined that there were not
reasonable grounds to believe that an individual had a mental illness
and was
either dangerous
or gravely disabled when taken into
custody and transported to a facility to be detained under section 1.5 of
this chapter, the costs of transportation to the facility and care and
maintenance in the facility during the period of detention shall be paid
by the county in which the individual was taken into custody.