Text: H05862 Text: H05864 Text: H05800 - H05899 Text: H Index Bills and Amendments: General Index Bill History: General Index
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1 1 Amend Senate File 2435, as passed by the Senate, as
1 2 follows:
1 3 #1. Page 1, by inserting after line 15 the
1 4 following:
1 5 "Sec. . Section 232.22, subsection 4,
1 6 unnumbered paragraph 2, Code Supplement 1995, is
1 7 amended by striking the unnumbered paragraph.
1 8 Sec. . Section 232.22, subsection 6, Code
1 9 Supplement 1995, is amended by striking the subsection
1 10 and inserting in lieu thereof the following:
1 11 6. If the juvenile court has waived its
1 12 jurisdiction over a child under section 232.45 or if a
1 13 child has been excluded from the jurisdiction of the
1 14 juvenile court under section 232.8, subsection 1,
1 15 paragraph "c", or section 232.45A for the purpose of
1 16 being prosecuted as an adult and has been charged with
1 17 an offense, the court having jurisdiction over the
1 18 child may order the child held in a facility referred
1 19 to in subsection 2 as follows:
1 20 a. If the offense is a simple or serious
1 21 misdemeanor, the child shall only be held in a
1 22 facility referred to in subsection 2, paragraph "a" or
1 23 "b".
1 24 b. If the offense is an aggravated misdemeanor or
1 25 a felony which is not a forcible felony, the child may
1 26 be held in a facility referred to in subsection 2,
1 27 paragraph "a" or "b", or in a facility referred to in
1 28 subsection 2, paragraph "c", only in accordance with
1 29 the requirements of subsection 2, paragraph "c",
1 30 subparagraph (4), and subsection 4, paragraph "c".
1 31 c. If the offense is a forcible felony, the child
1 32 may be held in a facility referred to in subsection 2,
1 33 paragraph "a" or "b", or in a facility referred to in
1 34 subsection 2, paragraph "c". The requirements of
1 35 subsection 2, paragraph "c", and subsection 4 shall
1 36 not apply to a child over whom the juvenile court has
1 37 waived its jurisdiction or who has been excluded from
1 38 the jurisdiction of the juvenile court and charged
1 39 with a forcible felony.
1 40 This subsection shall not apply to a child over
1 41 whom the juvenile court has waived its jurisdiction
1 42 for the purpose of prosecuting the child as a youthful
1 43 offender."
1 44 #2. Page 9, by inserting after line 32 the
1 45 following:
1 46 "Sec. . Section 356.3, Code 1995, is amended by
1 47 striking the section and inserting in lieu thereof the
1 48 following:
1 49 356.3 CONFINEMENT OF PERSONS UNDER AGE EIGHTEEN.
1 50 A person under the age of eighteen years shall only
2 1 be confined in a jail, municipal holding facility, or
2 2 facility established under chapter 356A in accordance
2 3 with section 232.22."
2 4 #3. Title page, line 2, by inserting after the
2 5 word "offenses" the following: ", the confinement of
2 6 juveniles in adult facilities,".
2 7 #4. By renumbering as necessary.
2 8
2 9
2 10
2 11 KLEMME of Plymouth
2 12
2 13
2 14
2 15 RANTS of Woodbury
2 16
2 17
2 18
2 19 NUTT of Woodbury
2 20 SF 2435.203 76
2 21 mk/jj
Text: H05862 Text: H05864 Text: H05800 - H05899 Text: H Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
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