H.F. _____ Section 1. Section 232.8, subsection 1, paragraph c, Code 1 2013, is amended to read as follows: 2 c. Violations by a child, aged sixteen or older, which 3 subject the child to the provisions of section 124.401, 4 subsection 1 , paragraph “e” or “f” , or violations of section 5 723A.2 which involve a violation of chapter 724 , or violation 6 of chapter 724 which constitutes a felony, or violations 7 which constitute a forcible felony are excluded from the 8 jurisdiction of the juvenile court and shall be prosecuted as 9 otherwise provided by law unless the district court transfers 10 jurisdiction of the child to the juvenile court upon motion 11 and for good cause pursuant to section 803.6 . A child over 12 whom jurisdiction has not been transferred to the juvenile 13 court, and who is convicted of a violation excluded from the 14 jurisdiction of the juvenile court under this paragraph, 15 shall be sentenced pursuant to section 124.401B , 902.9 , or 16 903.1 . Notwithstanding any other provision of the Code to 17 the contrary, the district court may accept from a child in 18 district court a plea of guilty, or may instruct the jury 19 on a lesser included offense to the offense excluded from 20 the jurisdiction of the juvenile court under this section 21 paragraph , in the same manner as regarding an adult. The 22 judgment and sentence of a child in district court shall be as 23 provided in section 901.5. However, the juvenile court shall 24 have exclusive original jurisdiction in a proceeding concerning 25 an offense of animal torture as provided in section 717B.3A 26 alleged to have been committed by a child under the age of 27 seventeen. 28 Sec. 2. Section 232.8, subsection 3, paragraph a, Code 2013, 29 is amended to read as follows: 30 a. The juvenile court, after a hearing and in accordance 31 with the provisions of section 232.45 , may waive jurisdiction 32 of a child alleged to have committed a public offense so that 33 the child may be prosecuted as an adult or youthful offender 34 for such offense in another court. If the child , except a 35 -1- LSB 1117YC (5) 85 jm/rj 1/ 11

H.F. _____ child being prosecuted as a youthful offender, pleads guilty 1 or is found guilty of a public offense other than a class 2 “A” felony in another court of this state, that court may 3 suspend the sentence or, with the consent of the child, defer 4 judgment or sentence and , without regard to restrictions placed 5 upon deferred judgments or sentences for adults, place the 6 child on probation for a period of not less than one year 7 upon such conditions as it may require. Upon fulfillment of 8 the conditions of probation, a child who receives a deferred 9 judgment shall be discharged without entry of judgment. A 10 child prosecuted as a youthful offender shall be sentenced 11 pursuant to section 907.3A. 12 Sec. 3. Section 232.28, subsection 3, paragraph b, Code 13 2013, is amended to read as follows: 14 b. Check existing records of the court, law enforcement 15 agencies , and public records of other agencies , and child abuse 16 records as provided in section 235A.15, subsection 2, paragraph 17 “e” . 18 Sec. 4. Section 232.45, subsection 6, unnumbered paragraph 19 1, Code 2013, is amended to read as follows: 20 At the conclusion of the waiver hearing the court may waive 21 its jurisdiction over the child for the alleged commission of 22 the public offense for the purpose of prosecution of the child 23 as an adult if all of the following apply: 24 Sec. 5. Section 232.45, subsection 7, paragraph a, 25 subparagraph (1), Code 2013, is amended to read as follows: 26 (1) The child is twelve through fifteen years of age or 27 younger the child is ten or eleven years of age and has been 28 charged with a public offense that would be classified as a 29 class “A” felony if committed by an adult . 30 Sec. 6. Section 232.45A, subsections 2 and 3, Code 2013, are 31 amended to read as follows: 32 2. Once a child sixteen years of age or older has been 33 waived to and convicted of an aggravated misdemeanor or a 34 felony in by the juvenile court to the district court, all 35 -2- LSB 1117YC (5) 85 jm/rj 2/ 11

H.F. _____ subsequent criminal proceedings against the child for any 1 aggravated misdemeanor or felony occurring subsequent to 2 the date of the conviction of the child for any delinquent 3 act committed after the date of the waiver by the juvenile 4 court shall begin in district court, notwithstanding sections 5 232.8 and 232.45 . A copy of the findings required by section 6 232.45, subsection 10 , shall be made a part of the record 7 in the district court proceedings. However, upon acquittal 8 or dismissal in district court of all waived offenses and 9 all lesser included offenses of the waived offenses, the 10 proceedings for any delinquent act committed by the child 11 subsequent to such acquittal or dismissal shall begin in 12 juvenile court. Any proceedings initiated in district court 13 for a public offense committed by the child subsequent to the 14 waiver by the juvenile court, but prior to any acquittal or 15 dismissal of all waived offenses and lesser included offenses 16 in district court, shall remain in district court. 17 3. If proceedings against a child for an aggravated 18 misdemeanor or a felony sixteen years of age or older who 19 has previously been waived to and convicted of an aggravated 20 misdemeanor or a felony in the district court are mistakenly 21 begun in the juvenile court, the matter shall be transferred 22 to district court upon the discovery of the prior waiver and 23 conviction, notwithstanding sections 232.8 and 232.45 . 24 Sec. 7. Section 232.50, subsection 1, Code 2013, is amended 25 to read as follows: 26 1. As soon as practicable following the entry of an order of 27 adjudication pursuant to section 232.47 or notification that 28 the child has received a youthful offender deferred sentence 29 been placed on youthful offender status pursuant to section 30 907.3A , the court shall hold a dispositional hearing in order 31 to determine what disposition should be made of the matter. 32 Sec. 8. Section 232.52, subsection 1, Code 2013, is amended 33 to read as follows: 34 1. Pursuant to a hearing as provided in section 232.50 , the 35 -3- LSB 1117YC (5) 85 jm/rj 3/ 11

H.F. _____ court shall enter the least restrictive dispositional order 1 appropriate in view of the seriousness of the delinquent act, 2 the child’s culpability as indicated by the circumstances of 3 the particular case, the age of the child, the child’s prior 4 record, or the fact that the child has received a youthful 5 offender deferred sentence been placed on youthful offender 6 status under section 907.3A . The order shall specify the 7 duration and the nature of the disposition, including the type 8 of residence or confinement ordered and the individual, agency, 9 department , or facility in whom which custody is vested. In 10 the case of a child who has received a youthful offender 11 deferred sentence been placed on youthful offender status , the 12 initial duration of the dispositional order shall be until the 13 child reaches the age of eighteen. 14 Sec. 9. Section 232.54, subsection 1, paragraph g, Code 15 2013, is amended to read as follows: 16 g. With respect to a juvenile court dispositional order 17 entered regarding a child who has received a youthful offender 18 deferred sentence been placed on youthful offender status under 19 section 907.3A , the dispositional order may be terminated 20 prior to the child reaching the age of eighteen upon motion 21 of the child, the person or agency to whom custody of the 22 child has been transferred, or the county attorney following 23 a hearing before the juvenile court if it is shown by clear 24 and convincing evidence that it is in the best interests of 25 the child and the community to terminate the order. The 26 hearing may be waived if all parties to the proceeding 27 agree. The dispositional order regarding a child who has 28 received a youthful offender deferred sentence been placed on 29 youthful offender status may also be terminated prior to the 30 child reaching the age of eighteen upon motion of the county 31 attorney, if the waiver of the child to district court was 32 conditioned upon the terms of an agreement between the county 33 attorney and the child, and the child violates the terms of 34 the agreement after the waiver order has been entered. The 35 -4- LSB 1117YC (5) 85 jm/rj 4/ 11

H.F. _____ district court shall discharge the child’s youthful offender 1 status upon receiving a termination order under this section . 2 Sec. 10. Section 232.54, subsection 1, paragraph h, 3 unnumbered paragraph 1, Code 2013, is amended to read as 4 follows: 5 With respect to a dispositional order entered regarding a 6 child who has received a youthful offender deferred sentence 7 been placed on youthful offender status under section 907.3A , 8 the juvenile court may, in the case of a child who violates the 9 terms of the order, modify or terminate the order in accordance 10 with the following: 11 Sec. 11. Section 232.55, subsection 3, Code 2013, is amended 12 to read as follows: 13 3. This section does not apply to dispositional orders 14 entered regarding a child who has received a youthful offender 15 deferred sentence been placed on youthful offender status under 16 section 907.3A who is not discharged from probation before or 17 upon the child’s eighteenth birthday. 18 Sec. 12. Section 232.56, Code 2013, is amended to read as 19 follows: 20 232.56 Youthful offenders —— transfer to district court 21 supervision. 22 The juvenile court shall deliver a report, which includes 23 an assessment of the child by a juvenile court officer 24 after consulting with the judicial district department of 25 correctional services, to the district court prior to the 26 eighteenth birthday of a child who has received a youthful 27 offender deferred sentence been placed on youthful offender 28 status under section 907.3A . A hearing shall be held in 29 the district court in accordance with section 907.3A to 30 determine whether the child should be discharged from youthful 31 offender status or whether the child shall continue under the 32 supervision of the district court after the child’s eighteenth 33 birthday. 34 Sec. 13. Section 235A.15, subsection 2, paragraph e, Code 35 -5- LSB 1117YC (5) 85 jm/rj 5/ 11

H.F. _____ 2013, is amended by adding the following new subparagraph: 1 NEW SUBPARAGRAPH . (24) To an intake officer making a 2 preliminary inquiry pursuant to section 232.28, subsection 3. 3 Sec. 14. Section 901.5, Code 2013, is amended by adding the 4 following new subsection: 5 NEW SUBSECTION . 14. Notwithstanding any provision in 6 section 907.3 or any other provision of law prescribing a 7 mandatory minimum sentence for the offense, if the defendant 8 is guilty of a public offense other than a class “A” felony, 9 and was under the age of eighteen at the time the offense was 10 committed, the court may suspend the sentence in whole or in 11 part, including any mandatory minimum sentence, or with the 12 consent of the defendant, defer judgment or sentence, and place 13 the defendant on probation upon such conditions as the court 14 may require. 15 Sec. 15. Section 907.3A, Code 2013, is amended to read as 16 follows: 17 907.3A Youthful offender deferred sentence —— youthful 18 offender status. 19 1. Notwithstanding section 907.3 but subject to any 20 conditions of the waiver order, the trial court shall, upon 21 a plea of guilty or a verdict of guilty, defer sentence of a 22 youthful offender place the juvenile over whom the juvenile 23 court has waived jurisdiction pursuant to section 232.45, 24 subsection 7 , and place the juvenile on youthful offender 25 status. The court shall transfer supervision of the youthful 26 offender to the juvenile court for disposition in accordance 27 with section 232.52 . An adjudication of delinquency entered 28 by the juvenile court at disposition for a public offense 29 shall not be deemed a conviction and shall not preclude 30 the subsequent entry of a deferred judgment or sentence, 31 conviction, or sentence by the district court. The court shall 32 require supervision of the youthful offender in accordance with 33 section 232.54, subsection 1 , paragraph “h” , or subsection 2 34 of this section . Notwithstanding section 901.2 , a presentence 35 -6- LSB 1117YC (5) 85 jm/rj 6/ 11

H.F. _____ investigation shall not be ordered by the court subsequent to 1 an entry of a plea of guilty or verdict of guilty or prior to 2 deferral of sentence of a youthful offender under this section . 3 2. The court shall hold a hearing prior to a youthful 4 offender’s eighteenth birthday to determine whether the 5 youthful offender shall continue on youthful offender status 6 after the youthful offender’s eighteenth birthday under the 7 supervision of the court or be discharged . Notwithstanding 8 section 901.2, the court may order a presentence investigation 9 report including a report for an offense classified as a class 10 “A” felony. The court shall review the report of the juvenile 11 court regarding the youthful offender and prepared pursuant to 12 section 232.56, and any presentence investigation report, if 13 ordered by the court. The court shall hear evidence by or on 14 behalf of the youthful offender, by the county attorney, and 15 by the person or agency to whom which custody of the youthful 16 offender was transferred. The court shall make its decision , 17 pursuant to the judgment and sentencing options available in 18 subsection 3, after considering the services available to the 19 youthful offender, the evidence presented, the juvenile court’s 20 report, the presentence investigation report if ordered by the 21 court, the interests of the youthful offender, and interests 22 of the community. 23 3. a. Notwithstanding any provision of the Code which 24 prescribes a mandatory minimum sentence for the offense 25 committed by the youthful offender, following transfer of the 26 youthful offender from the juvenile court back to the court 27 having jurisdiction over the criminal proceedings involving the 28 youthful offender, the court may continue the youthful offender 29 deferred sentence or enter a sentence, which may be a suspended 30 sentence. shall order one of the following sentencing options: 31 (1) Defer judgment and place the youthful offender on 32 probation, upon the consent of the youthful offender. 33 (2) Defer the sentence and place the youthful offender 34 on probation upon such terms and conditions as the court may 35 -7- LSB 1117YC (5) 85 jm/rj 7/ 11

H.F. _____ require. 1 (3) Suspend the sentence and place the youthful offender 2 on probation upon such terms and conditions as the court may 3 require. 4 (4) A term of confinement. 5 (5) Discharge the youthful offender from youthful offender 6 status and terminate the sentence. 7 b. Notwithstanding anything in section 907.7 to the 8 contrary, if the district court either grants the youthful 9 offender a deferred judgment, continues the youthful offender 10 deferred sentence , or enters a sentence , and suspends the 11 sentence, and places the youthful offender on probation, the 12 term of formal supervision shall commence upon entry of the 13 order by the district court and may continue for a period not 14 to exceed five years. If the district court enters a sentence 15 of confinement, and the youthful offender was previously placed 16 in secure confinement by the juvenile court under the terms 17 of the initial disposition order or any modification to the 18 initial disposition order, the person shall receive credit for 19 any time spent in secure confinement. During any period of 20 probation imposed by the district court, a youthful offender 21 who violates the terms of probation is subject to section 22 908.11 . 23 EXPLANATION 24 This bill relates to the judgment and sentencing procedures 25 for juveniles who are either excluded from juvenile court 26 jurisdiction by operation of law or who may be waived to adult 27 court, and to juvenile court intake officer access to certain 28 records. The bill also modifies the procedures relating to 29 placement of a juvenile on youthful offender status by the 30 district court. 31 Under the bill, when a complaint is filed pursuant to Code 32 section 232.28 that a juvenile has committed a delinquent act, 33 the juvenile court intake officer making a preliminary inquiry 34 into the complaint shall be granted access to report data and 35 -8- LSB 1117YC (5) 85 jm/rj 8/ 11

H.F. _____ disposition data for cases of founded child abuse relating to 1 the juvenile who is the subject of the complaint. “Report 2 data” and “disposition data” are defined in Code section 3 235A.13. 4 Current law provides that if a child who has committed 5 a delinquent act is over 14 years of age and certain other 6 circumstances apply the child may be waived from juvenile 7 to district court for prosecution as an adult. Children 15 8 years of age or younger who commit certain felony offenses may 9 also currently be waived to district court for purposes of 10 prosecution as a youthful offender. 11 A youthful offender who has been waived from juvenile court 12 for purposes of prosecution in district court is, after a 13 guilty plea or conviction, transferred by the district court 14 for disposition and supervision by juvenile court until the 15 age of 18. Upon the youthful offender attaining the age of 16 18, under current law, the district court is required to hold 17 a hearing regarding the youthful offender’s status and has 18 discretion to discharge the youthful offender or continue 19 supervision of the youthful offender in district court as 20 provided in Code section 907.3A. 21 The bill redefines when a child may be considered for 22 youthful offender prosecution and sentencing. The bill limits 23 use of the option to situations in which the child is 12 24 through 15 years of age and has committed offenses which would 25 be less than a class “A” felony if committed by an adult. For 26 offenses which would be classified as a class “A” felony, the 27 bill permits children who are 10 or 11 years of age to also be 28 prosecuted and sentenced as a youthful offender. 29 The bill standardizes the sentencing options and procedures 30 for a juvenile who is prosecuted as an adult either because 31 the offense is excluded from juvenile court jurisdiction or 32 because the juvenile is waived to district court, and for any 33 juvenile prosecuted as a youthful offender upon the youthful 34 offender attaining the age of 18. The bill provides that once 35 -9- LSB 1117YC (5) 85 jm/rj 9/ 11

H.F. _____ a juvenile has been waived to district court for prosecution 1 as an adult and convicted, all subsequent proceedings for any 2 delinquent act committed by that juvenile are to be commenced 3 in district court. The bill further provides that if a 4 juvenile has been waived to district court for prosecution as 5 an adult but is not convicted, subsequent proceedings for any 6 delinquent act committed by that juvenile are to be commenced 7 in juvenile court. The bill also allows the district court to 8 defer judgment, defer sentence, suspend a sentence and place 9 the juvenile or youthful offender on probation upon such terms 10 and conditions as the court may require, even if those options 11 are not available to adults for the offense. Current law 12 limits the sentencing options for certain offenses that are 13 excluded from juvenile court jurisdiction and does not allow 14 the district court to defer the sentence of a juvenile who has 15 been waived to district court pursuant to Code section 232.45 16 for prosecution as an adult or youthful offender. 17 Under the bill and in current law, upon the youthful 18 offender attaining the age of 18, the district court retains 19 the power to defer the sentence and place the youthful offender 20 on probation; sentence the youthful offender to a term of 21 confinement, or terminate the order placing the youthful 22 offender on youthful offender status and discharge the youthful 23 offender. 24 A “deferred judgment” means a sentencing option where the 25 adjudication of guilt and the imposition of a sentence are 26 deferred by the court. However, the court retains the power 27 to pronounce judgment and impose sentence subject to the 28 defendant’s compliance with conditions set by the court as a 29 requirement of the deferred judgment. 30 A “deferred sentence” means a sentencing option where the 31 court enters an adjudication of guilt but does not impose a 32 sentence. The court does retain the power to sentence the 33 defendant to any sentence it originally could have imposed 34 subject to the defendant’s compliance with conditions set by 35 -10- LSB 1117YC (5) 85 jm/rj 10/ 11

H.F. _____ the court as a requirement of the deferred sentence. 1 A “suspended sentence” means a sentencing option whereby 2 the court pronounces judgment and imposes a sentence and then 3 suspends execution of the sentence subject to the defendant’s 4 compliance with conditions set by the court as a requirement of 5 the suspended sentence. Revocation of the suspended sentence 6 results in the execution of the sentence already pronounced. 7 -11- LSB 1117YC (5) 85 jm/rj 11/ 11