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