House File 601 - Introduced



                                       HOUSE FILE       
                                       BY  VAN ENGELENHOVEN and
                                           BAUDLER


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to excluding certain criminal offenses from the
  2    jurisdiction of the juvenile court.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1832YH 83
  5 jm/rj/5

PAG LIN



  1  1    Section 1.  Section 232.8, subsection 1, Code 2009, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  e.  For felony violations by a child, aged
  1  4 fourteen or older, not already excluded under paragraph "c",
  1  5 which subject the child to sex offender registry requirements
  1  6 under chapter 692A, the court shall hold a waiver hearing
  1  7 under section 232.45.  If, at the conclusion of the waiver
  1  8 hearing, and after considering the best interests of the child
  1  9 and the best interests of the community, the court does not
  1 10 order the child to be prosecuted as a youthful offender as
  1 11 provided in section 907.3A, the violation shall be excluded
  1 12 from the jurisdiction of the juvenile court.  If the violation
  1 13 is excluded from the jurisdiction of the juvenile court, the
  1 14 violation shall be prosecuted as otherwise provided by law as
  1 15 violations are prosecuted under paragraph "c", unless the
  1 16 court transfers jurisdiction of the child back to the juvenile
  1 17 court upon motion and for good cause.
  1 18    Sec. 2.  Section 232.45, subsection 7, paragraph b, Code
  1 19 2009, is amended to read as follows:
  1 20    b.  The court determines, or has previously determined in a
  1 21 detention hearing under section 232.44, that there is probable
  1 22 cause to believe that the child has committed a delinquent act
  1 23 which would constitute a public offense under section 232.8,
  1 24 subsection 1, paragraph "c" or "e", notwithstanding the
  1 25 application of that paragraph to children aged sixteen or
  1 26 older.
  1 27    Sec. 3.  Section 803.6, subsection 1, Code 2009, is amended
  1 28 to read as follows:
  1 29    1.  The court, in the case of a juvenile who is alleged to
  1 30 have committed a criminal offense listed in section 232.8,
  1 31 subsection 1, paragraph "c" or "e", may direct a juvenile
  1 32 court officer to provide a report regarding whether the child
  1 33 should be transferred to juvenile court for adjudication and
  1 34 disposition as a juvenile.
  1 35                           EXPLANATION
  2  1    This bill relates to excluding certain criminal offenses
  2  2 from the jurisdiction of the juvenile court.
  2  3    Under the bill, for a felony violation by a child, aged 14
  2  4 or older, not already excluded from the jurisdiction of
  2  5 juvenile court under Code section 232.8(1)(c), which subjects
  2  6 the child to sex offender registry requirements, the juvenile
  2  7 court is required to hold a waiver hearing under Code section
  2  8 232.45.  If, at the conclusion of such a hearing, the court
  2  9 does not order the child to be prosecuted as a youthful
  2 10 offender pursuant to the provisions of Code section 907.3A,
  2 11 the violation shall be excluded from the jurisdiction of the
  2 12 juvenile court.
  2 13    The bill provides that if the violation is excluded from
  2 14 the jurisdiction of the juvenile court, the violation shall be
  2 15 prosecuted as otherwise provided by law in the same manner as
  2 16 violations are prosecuted under Code section 232.8(1)(c),
  2 17 unless the court transfers jurisdiction of the child back to
  2 18 the juvenile court upon motion and for good cause.
  2 19    A youthful offender is a juvenile waived to the
  2 20 jurisdiction of adult court pursuant to the provisions of Code
  2 21 section 232.45(7) but is supervised in juvenile court pursuant
  2 22 to the provisions of Code section 907.3A.
  2 23 LSB 1832YH 83
  2 24 jm/rj/5