Bill Text: IA SF233 | 2013-2014 | 85th General Assembly | Introduced


Bill Title: A bill for an act concerning public safety in schools and communities including certain provisions relating to firearms and mental health, providing penalties, and including effective date and applicability provisions.

Status: (Introduced) 2013-12-31 - END OF 2013 ACTIONS [SF233 Detail]

Download: Iowa-2013-SF233-Introduced.html
Senate File 233 - Introduced SENATE FILE 233 BY HATCH , DOTZLER , MATHIS , SODDERS , and BEALL A BILL FOR An Act concerning public safety in schools and communities 1 including certain provisions relating to firearms and mental 2 health, providing penalties, and including effective date 3 and applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1721SS (8) 85 rh/rj
S.F. 233 Section 1. NEW SECTION . 228.6A Mandatory disclosure —— 1 protection of human health and safety. 2 1. Notwithstanding any other law to the contrary, if a 3 mental health professional, while providing mental health 4 treatment to a person, determines that such person is likely 5 to engage in conduct that would result in serious harm to 6 the person’s self or others, the mental health professional 7 shall report such information, as soon as practicable, to the 8 department of public safety. For purposes of this section, 9 “mental health professional means the same as defined in 10 section 228.1. 11 2. A mental health professional who discloses information 12 pursuant to this section, acting reasonably and in good 13 faith, shall be immune with respect to all civil or criminal 14 penalties, claims, or actions of any kind. 15 Sec. 2. NEW SECTION . 279.9C School safety plan. 16 Each board of directors of a school district shall develop 17 and implement a comprehensive emergency management plan that 18 addresses school safety, security procedures, and emergency 19 guidelines relating to school shootings, assaults, and other 20 incidences that threaten the safety and security of school 21 students and school employees. The emergency management plan 22 shall include training procedures for teachers and other school 23 employees and students and shall also include a plan to develop 24 and implement school-community partnerships, including mental 25 health service partnerships, in the local community. 26 Sec. 3. Section 707.2, Code 2013, is amended by adding the 27 following new subsection: 28 NEW SUBSECTION . 7. The person kills a first responder who 29 the person knows or has reason to know is a first responder, 30 while the first responder is acting in the course of the first 31 responder’s official duties. For purposes of this subsection, 32 “first responder” means state and local law enforcement 33 personnel, fire department personnel, volunteer fire fighter, 34 reserve peace officer, volunteer ambulance driver, or emergency 35 -1- LSB 1721SS (8) 85 rh/rj 1/ 5
S.F. 233 medical care provider as defined in section 147A.1. 1 Sec. 4. NEW SECTION . 724.32 Sale or transfer of firearms —— 2 criminal history background check. 3 1. A person shall not sell or transfer a firearm to another 4 person without receiving verification from a federally licensed 5 firearms dealer that information on the prospective purchaser 6 or transferee has been submitted to the federal bureau of 7 investigation for a criminal history background check and 8 that a final determination has been received by the federal 9 bureau of investigation that the prospective purchaser or 10 transferee is not prohibited under either state or federal law 11 from possessing a firearm. A criminal history background check 12 conducted under this section shall include an inquiry of the 13 national instant criminal background check system maintained by 14 the federal bureau of investigation. 15 2. A person who sells or transfers a firearm in violation of 16 this section commits an aggravated misdemeanor. 17 3. a. This section does not apply to the sale or transfer 18 of a firearm between immediate family members. 19 b. This section does not apply to a person who possesses 20 a permit to carry weapons or a permit to acquire pistols or 21 revolvers. 22 Sec. 5. EFFECTIVE UPON ENACTMENT. The section of this Act 23 enacting section 724.32, being deemed of immediate importance, 24 takes effect upon enactment. 25 Sec. 6. APPLICABILITY. The section of this Act enacting 26 section 724.32 applies to any firearm sold or transferred on or 27 after the effective date of this Act. 28 EXPLANATION 29 This bill concerns public safety in schools and communities 30 and includes certain provisions relating to firearms and mental 31 health, provides penalties, and includes effective date and 32 applicability provisions. 33 MENTAL HEALTH PROFESSIONALS —— MANDATORY REPORTING. The 34 bill provides that, notwithstanding any other law to the 35 -2- LSB 1721SS (8) 85 rh/rj 2/ 5
S.F. 233 contrary, when a mental health professional, while providing 1 mental health treatment to a person, determines that such 2 person is likely to engage in conduct that would result 3 in serious harm to the person’s self or others, the mental 4 health professional shall report such information, as soon as 5 practicable, to the department of public safety. A mental 6 health professional who discloses information pursuant to this 7 section, acting reasonably and in good faith, shall be immune 8 with respect to all civil or criminal penalties, claims, or 9 actions of any kind. 10 For purposes of the bill, “mental health professional” 11 means an individual who holds at least a master’s degree in a 12 mental health field, including but not limited to psychology, 13 counseling and guidance, nursing, and social work, or is an 14 advanced registered nurse practitioner, a physician assistant, 15 or a physician and surgeon or an osteopathic physician and 16 surgeon, holds a current Iowa license if practicing in a 17 field covered by an Iowa licensure law, and has at least 18 two years of post-degree clinical experience, supervised by 19 another mental health professional, in assessing mental health 20 needs and problems and in providing appropriate mental health 21 services; or is an individual who holds a current Iowa license 22 if practicing in a field covered by an Iowa licensure law and 23 is a psychiatrist, an advanced registered nurse practitioner 24 who holds a national certification in psychiatric mental health 25 care registered by the board of nursing, a physician assistant 26 practicing under the supervision of a psychiatrist, or an 27 individual who holds a doctorate degree in psychology and is 28 licensed by the board of psychology (Code section 228.1). 29 EMERGENCY MANAGEMENT PLANS. The bill requires each board 30 of directors of a school district to develop and implement 31 a comprehensive emergency management plan that addresses 32 school safety, security procedures, and emergency guidelines 33 relating to school shootings, assaults, and other incidences 34 that threaten the safety and security of school students and 35 -3- LSB 1721SS (8) 85 rh/rj 3/ 5
S.F. 233 school employees. The emergency management plan shall include 1 training procedures for teachers and other school employees and 2 students and shall also include a plan to develop and implement 3 school-community partnerships, including mental health service 4 partnerships, in the local community. 5 MANDATORY LIFE SENTENCE —— MURDER OF FIRST RESPONDERS. The 6 bill provides that a person who kills a first responder who 7 the person knows or has reason to know is a first responder, 8 while the first responder is acting in the course of the 9 first responder’s official duties, is guilty of a class “A” 10 felony. A class “A” felony is punishable by confinement for 11 life without possibility of parole. For purposes of the 12 bill, “first responder” means state and local law enforcement 13 personnel, fire department personnel, volunteer fire fighter, 14 reserve peace officer, volunteer ambulance driver, or emergency 15 medical care provider. 16 SALE OR TRANSFER OF FIREARMS —— CRIMINAL HISTORY BACKGROUND 17 CHECKS. The bill prohibits a person from selling or 18 transferring a firearm to another person without receiving 19 verification from a federally licensed firearms dealer that 20 information on the prospective purchaser or transferee has been 21 submitted to the federal bureau of investigation for a criminal 22 history background check and that a final determination has 23 been received by the federal bureau of investigation that the 24 prospective purchaser or transferee is not prohibited under 25 either state or federal law from possessing a firearm. A 26 criminal history background check under the bill includes an 27 inquiry of the national instant criminal background check 28 system maintained by the federal bureau of investigation. 29 A person who sells or transfers a firearm in violation of 30 the bill commits an aggravated misdemeanor, punishable by 31 confinement for no more than two years and a fine of at least 32 $625 but not more than $6,250. This provision in the bill 33 does not apply to the sale or transfer of a firearm between 34 immediate family members or to a person who possesses a permit 35 -4- LSB 1721SS (8) 85 rh/rj 4/ 5
S.F. 233 to carry weapons or a permit to acquire a pistol or revolver. 1 The section of the bill relating to criminal history 2 background checks takes effect upon enactment and applies to 3 any firearm sold or transferred on or after the effective date. 4 -5- LSB 1721SS (8) 85 rh/rj 5/ 5
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