Senate approves changes to 'Ed Thomas bill,' sends to Culver

DES MOINES – The Iowa Senate today approved the “Ed Thomas bill” and shipped it to Gov. Chet Culver's desk for his expected signature.

Senators voted 50-0 to accept House changes to clarify the responsibilities of hospitals and law enforcement when dealing with psychiatric patients facing criminal charges in order to prevent a tragedy like the one that took Thomas' life.

Sen. Bill Heckroth, D-Waverly, said Senate File 2352 “does exactly what the Thomas family wanted” by addressing gaps in the way hospitals and law enforcement now handle the release of patients facing criminal charges.

The legislation came about after Mark Becker was released from a Waterloo hospital despite pending charges. On June 24, 2009, prosecutors said, Becker drove to Parkersburg and shot his Thomas, former football coach.

Becker was found guilty of first degree murder by a Butler County jury that rejected his insanity defense.

S.F. 2352, as amended, creates an administrative process for law enforcement to be notified of the discharge of someone taken in for mental health issues if there is no court order.

It also clarifies that a law enforcement officer must retrieve an individual within six hours of being notified of the patient's release, but a hospital cannot hold the patient beyond the time specified by law for detention -- currently 48 hours.

The proposed measure also creates a civil penalty of $1,000 for a first offense and $2,000 for each subsequent offense of not notifying a law enforcement officer when required. It also provides civil and criminal liability protections for anyone complying with the bill.

Hospital officials had raised HIPPA, or privacy concerns, but representatives of the Iowa attorney general and Department of Public Safety say HIPPA rules allow hospitals to notify law enforcement of a patient's identity and location in order to protect the public.

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