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Text: HF00193                           Text: HF00195
Text: HF00100 - HF00199                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 194

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 232.45A, Code 1995, is amended to read
  1  2 as follows:
  1  3    232.45A  WAIVER TO AND CONVICTION BY DISTRICT COURT &endash;
  1  4 PROCESSING.
  1  5    1.  Once jurisdiction over a child has been waived by the
  1  6 juvenile court as provided in section 232.45, for the alleged
  1  7 commission of a felony, and once a conviction is entered by
  1  8 the district court, for all other offenses, the clerk of the
  1  9 juvenile court shall immediately send a certified copy of the
  1 10 findings required by section 232.45, subsection 8, and the
  1 11 judgment of conviction, as applicable, to the department of
  1 12 public safety.  The department shall maintain a file on each
  1 13 child who has previously been waived to or waived to and
  1 14 convicted by the district court in a prosecution as an adult.
  1 15 The file shall be accessible by law enforcement officers on a
  1 16 twenty-four hour per day basis.
  1 17    2.  Once a child sixteen years of age or older has been
  1 18 waived to and convicted of a felony by the district court for
  1 19 the alleged commission of a felony, all criminal proceedings
  1 20 against the child for any felony occurring subsequent to the
  1 21 date of the conviction waiver of the child shall begin in
  1 22 district court, notwithstanding sections 232.8 and 232.45.  A
  1 23 copy of the findings required by section 232.45, subsection 8,
  1 24 shall be made a part of the record in the district court
  1 25 proceedings.
  1 26    3.  If proceedings against a child for a felony who has
  1 27 previously been waived to, or waived to and convicted of such
  1 28 an offense by the district court are mistakenly begun in the
  1 29 juvenile court, the matter shall be transferred to district
  1 30 court upon the discovery of the prior waiver or waiver and
  1 31 conviction, notwithstanding sections 232.8 and 232.45.  
  1 32                           EXPLANATION
  1 33    This bill provides that a juvenile who has been waived to
  1 34 adult court for the alleged commission of a felony shall have
  1 35 all other felony proceedings commence in district court.
  2  1 Currently, a conviction for the prior felony is necessary for
  2  2 subsequent felony proceedings to begin in adult court.  
  2  3 LSB 2126HH 76
  2  4 mk/jw/5
     
Text: HF00193                           Text: HF00195
Text: HF00100 - HF00199                 Text: HF Index
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