Bill
Number: S.B. 1210
Barto
Floor Amendment
Reference
to: HEALTH AND HUMAN
SERVICES Committee amendment
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
1. Allows
use of an authorized transporter only if there are reasonable grounds to
believe a patient or proposed patient may be safely apprehended and transported
without peace officer assistance.
2. Specifies
that persons ordered to undergo involuntary treatment have the right to
receive, applicable petitions, orders of evaluation and other outlined
documents, to be personally served by a peace officer, process server or
another authorized person.
3. Requires
a person who serves evaluation documents to file proof of service with the
court.
4. Allows
counties and municipalities that employ peace officers to contract with a
process server or another authorized person to provide evaluation documents to
patients or proposed patients.
5. Clarifies
that jurisdictions that contract with an authorized transporter are financially
responsible for authorized transportation services, not evaluation agencies.
6. Clarifies
that evaluation agencies are not financially
responsible for serving evaluation documents.
7. Makes
technical, conforming, and clarifying changes.
Page 1,
strike lines 1 through 3, insert:
"Page
1, line 15, after "chapter" insert ", which are the financial responsibility of the jurisdiction,";
after "and" insert "that"
Page 6, line
14, strike "For the purposes" insert "when in any section"; strike "if the"
insert "a"
Line 15,
strike "an admitting officer of an evaluation agency"
insert "a person"
Line 16,
strike "or issue an order for" insert ", request or order"
Line 17,
after the first "a" insert "patient or"; after "officer"
insert "to an evaluation agency or mental health treatment
agency"; strike "then"
Line 18,
strike "admitting officer" insert "person"
Line 19,
after "transporter" insert "if there are reasonable grounds to believe that the patient or
proposed patient may be safely apprehended and transported by an authorized
transporter without the assistance of a peace officer"
Line 20,
after the comma strike remainder of line
Line 21,
strike the first "evaluation agency" insert
"a person"
Line 22,
after "that" insert "there
may be reasonable grounds to believe"; after "a"
insert "patient or"
Line 23,
strike "for evaluation" insert "or mental health treatment agency"
Line 24,
strike the third "the"
Line 25,
strike "admitting officer of an evaluation agency"
insert "the person"
Page 6, line
27, after "the" insert "patient
or"
Line 28,
after "agency" insert "or
mental health treatment agency"; after "authorization"
insert ", request""
Page 1,
strike lines 8 through 13, insert:
"Sec. 3. Title
36, chapter 5, article 2, Arizona Revised Statutes, is amended by adding
section 36-510.01, to read:
START_STATUTE36-510.01. Notice;
personal service of process
A. A
person who is ordered to undergo involuntary evaluation has the right to
receive by personal service the documents specified in section 36-529,
subsection E. A person who is the subject of a petition for court-ordered
treatment has the right to receive by personal service the documents specified
in section 36-536, subsection D. Personal service shall be completed by a
peace officer, a process server or another person authorized by rule 4, Arizona
rules of civil procedure, personally handing the documents to the person
receiving service. The person who serves the specified documents must file a
proof of service with the court that specifies the date, time and manner of
service.
B. A
county, city or town that employs peace officers may contract with a process
server or another person authorized by rule 4, Arizona rules of civil
procedure, to provide service pursuant to this section instead of service by a
peace officer.
C. An
evaluation agency is not financially responsible for serving the documents
required by section 36-529, subsection E or section 36-536,
subsection D.END_STATUTE
Renumber to
conform
Page 9, line
37, before "service" insert "personal"
Page 10,
line 38, strike "the petitioner shall cause"
Line 39,
strike "to be served on the"
Line 40,
strike "proposed patient" insert a comma
Page 10,
line 41, after "evaluation" strike remainder of
line
Strike lines
42 and 43, insert ", shall be personally served on the
proposed patient as prescribed by law or court rule or as ordered by the court.""
Page 1, line
14, after the first comma insert "line 13, strike "proof of" insert "personal""
Strike lines
16 through 18, insert:
"Strike
lines 31 through 35, insert:
"D. A copy of the petition, affidavits in support of the
petition and notice of hearing shall be personally served on the proposed
patient as prescribed by law or court rule or as ordered by the court.""
Amend title to conform