Text: H03521 Text: H03523 Text: H03500 - H03599 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 528 as follows: 1 2 #1. Page 5, by striking lines 2 through 4 and 1 3 inserting the following: 1 4 "Sec. . Section 232.8, subsection 1, paragraph 1 5 b, Code 1995, is amended by striking the paragraph and 1 6 inserting in lieu thereof the following: 1 7 b. Violations by a child, age sixteen or". 1 8 #2. Page 5, by inserting after line 17 the 1 9 following: 1 10 "Sec. . Section 232.19, Code 1995, is amended 1 11 to read as follows: 1 12 232.19 TAKING A CHILD INTO CUSTODY. 1 13 1. A child may be taken into custody: 1 14a. By order of the court.1 15b.a. For a delinquent act pursuant to the laws 1 16 relating to arrest. 1 17 b. By order of the court. 1 18 c. By a peace officer for the purpose of reuniting 1 19 a child with the child's family or removing the child 1 20 to a shelter care facility when the peace officer has 1 21 reasonable grounds to believe the child has run away 1 22 from the child's parents, guardian, or custodian. 1 23 d. By a peace officer, juvenile court officer, or 1 24 juvenile parole officer when the officer has 1 25 reasonable grounds to believe the child has committed 1 26 a material violation of a dispositional order. 1 27 2. a. A child taken into custody as provided in 1 28 subsection 1, paragraph "a", shall be placed in 1 29 detention pending release to the child's parent, 1 30 guardian, custodian, or other adult approved by the 1 31 court. 1 32 b. Unless the child is held in detention pursuant 1 33 to section 232.22, the child may only be released to 1 34 one of the persons listed in paragraph "b" upon the 1 35 posting of bail or bond in accordance with chapter 811 1 36 and the promise of the person to take responsibility 1 37 for the child and to present the child in court at 1 38 such time as the court may direct. 1 392.3. When a child is taken into custody as 1 40 provided in subsection 1, paragraph "b", "c", or "d", 1 41 the person taking the child into custody shall notify 1 42 the child's parent, guardian or custodian as soon as 1 43 possible and shall not place bodily restraints, such 1 44 as handcuffs, on the child unless the child physically 1 45 resists or threatens physical violence when being 1 46 taken into custody. However, if the child is thirteen 1 47 years of age or older, the child may be restrained by 1 48 metal handcuffs only, for the purpose of 1 49 transportation in a vehicle which is not equipped with 1 50 a rear seat cage for prisoner transport and if the 2 1 child is being taken into custody for an alleged 2 2 delinquent act of violence against a person. The 2 3 child may also be restrained by handcuffs or other 2 4 restraints at any time after the child is taken into 2 5 custody if the child has a known history of physical 2 6 violence to others. Unless the child is placed in 2 7 shelter careor detentionin accordance with the 2 8 provisions of section 232.21 or 232.22, the child 2 9 shall be released to the child's parent, guardian, 2 10 custodian, responsible adult relative, or other adult 2 11 approved by the court upon the promise of such person 2 12 to produce the child in court at such time as the 2 13 court may direct. 2 143.4. Notwithstanding any other provision of this 2 15 chapter, a child shall not be placed in detention as a 2 16 result of a violation by that child of section 123.47. 2 17 Sec. . Section 232.20, subsection 1, Code 1995, 2 18 is amended to read as follows: 2 19 1. If a child is taken into custody and not 2 20 released as provided in section 232.19, subsection 2 2 21 or 3, the child shall immediately be taken to a 2 22 detention or shelter care facility as specified in 2 23sectionssection 232.21 or 232.22. 2 24 Sec. . Section 232.22, subsection 1, paragraph 2 25 d, Code 1995, is amended by adding the following new 2 26 subparagraph: 2 27 NEW SUBPARAGRAPH. (4) The requirements for 2 28 release under section 232.19, subsection 2, paragraph 2 29 "b", have not been met." 2 30 #3. Page 8, by inserting after line 14 the 2 31 following: 2 32 "Sec. . NEW SECTION. 321.213C LICENSE 2 33 SUSPENSION FOR JUVENILES ADJUDICATED DELINQUENT FOR A 2 34 SECOND TIME. 2 35 Upon the entering of an order at the conclusion of 2 36 a dispositional hearing under section 232.50, where 2 37 the child has been adjudicated to have committed a 2 38 second delinquent act within one year, which would be 2 39 a public offense punishable by a penalty greater than 2 40 a simple misdemeanor if committed by an adult, the 2 41 clerk of the juvenile court in the dispositional 2 42 hearing shall forward a copy of the adjudication and 2 43 dispositional order to the department. The department 2 44 shall suspend the license or operating privilege of 2 45 the child in accordance with the dispositional order." 2 46 #4. Title page, line 1, by inserting after the 2 47 word "including" the following: "providing for the 2 48 taking into custody, detention, and release of a 2 49 juvenile, authorizing the suspension of the juvenile's 2 50 motor vehicle license, placing certain simple 3 1 misdemeanors under the jurisdiction of the juvenile 3 2 court,". 3 3 #5. By renumbering and correcting internal 3 4 references as necessary. 3 5 3 6 3 7 3 8 CONNORS of Polk 3 9 HF 528.713 76 3 10 mk/sc
Text: H03521 Text: H03523 Text: H03500 - H03599 Text: H Index Bills and Amendments: General Index Bill History: General Index
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