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House File 528

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 22.7, subsection 13, Code 1995, is
  1  2 amended to read as follows:
  1  3    13.  The records of a library which, by themselves or when
  1  4 examined with other public records, would reveal the identity
  1  5 of the library patron checking out or requesting an item or
  1  6 information from the library.  The records shall be released
  1  7 to a criminal or juvenile justice agency only pursuant to an
  1  8 investigation of a particular person or organization suspected
  1  9 of committing a known crime.  The records shall be released
  1 10 only upon a judicial determination that a rational connection
  1 11 exists between the requested release of information and a
  1 12 legitimate end and that the need for the information is cogent
  1 13 and compelling.
  1 14    Sec. 2.  Section 80.9, subsection 2, paragraph d, Code
  1 15 1995, is amended to read as follows:
  1 16    d.  To collect and classify, and keep at all times
  1 17 available, complete information useful for the detection of
  1 18 crime, and the identification and apprehension of criminals.
  1 19 Such information shall be available for all peace officers
  1 20 within the state, under such regulations as the commissioner
  1 21 may prescribe.  The provisions of chapter 141 do not apply to
  1 22 the entry of human immunodeficiency virus-related information
  1 23 by criminal or juvenile justice agencies, as defined in
  1 24 section 692.1, into the Iowa criminal justice information
  1 25 system or the national crime information center system.  The
  1 26 provisions of chapter 141 also do not apply to the
  1 27 transmission of the same information from either or both
  1 28 information systems to criminal or juvenile justice agencies.
  1 29 The provisions of chapter 141 also do not apply to the
  1 30 transmission of the same information from either or both
  1 31 information systems to employees of state correctional
  1 32 institutions subject to the jurisdiction of the department of
  1 33 corrections, employees of secure facilities for juveniles
  1 34 subject to the jurisdiction of the department of human
  1 35 services, and employees of city and county jails, if those
  2  1 employees have direct physical supervision over inmates of
  2  2 those facilities or institutions.  Human immunodeficiency
  2  3 virus-related information shall not be transmitted over the
  2  4 police radio broadcasting system under chapter 693 or any
  2  5 other radio-based communications system.  An employee of an
  2  6 agency receiving human immunodeficiency virus-related
  2  7 information under this section who communicates the
  2  8 information to another employee who does not have direct
  2  9 physical supervision over inmates, other than to a supervisor
  2 10 of an employee who has direct physical supervision over
  2 11 inmates for the purpose of conveying the information to such
  2 12 an employee, or who communicates the information to any person
  2 13 not employed by the agency or uses the information outside the
  2 14 agency is guilty of a class "D" felony.  The commissioner
  2 15 shall adopt rules regarding the transmission of human
  2 16 immunodeficiency virus-related information including
  2 17 provisions for maintaining confidentiality of the information.
  2 18 The rules shall include a requirement that persons receiving
  2 19 information from the Iowa criminal justice information system
  2 20 or the national crime information center system receive
  2 21 training regarding confidentiality standards applicable to the
  2 22 information received from the system.  The commissioner shall
  2 23 develop and establish, in cooperation with the department of
  2 24 corrections and the Iowa department of public health, training
  2 25 programs and program criteria for persons receiving human
  2 26 immunodeficiency virus-related information through the Iowa
  2 27 criminal justice information system or the national crime
  2 28 information center system.
  2 29    Sec. 3.  Section 123.47, Code 1995, is amended to read as
  2 30 follows:
  2 31    123.47  PERSONS UNDER THE AGE OF EIGHTEEN &endash; PENALTY.
  2 32    A person shall not sell, give, or otherwise supply
  2 33 alcoholic liquor, wine, or beer to any person knowing or
  2 34 having reasonable cause to believe that person to be under the
  2 35 age of eighteen, and a person or persons under the age of
  3  1 eighteen shall not purchase or attempt to purchase, or
  3  2 individually or jointly have alcoholic liquor, wine, or beer
  3  3 in their possession or control; except in the case of liquor,
  3  4 wine, or beer given or dispensed to a person under the age of
  3  5 eighteen within a private home and with the knowledge,
  3  6 presence, and consent of the parent or guardian, or with the
  3  7 signed, written consent of the parent or guardian specifying
  3  8 the date and place for the consumption and displayed by the
  3  9 person upon demand, for beverage or medicinal purposes or as
  3 10 administered to the person by either a physician or dentist
  3 11 for medicinal purposes and except to the extent that a person
  3 12 under the age of eighteen may handle alcoholic beverages,
  3 13 wine, and beer during the regular course of the person's
  3 14 employment by a liquor control licensee, or wine or beer
  3 15 permittee under this chapter.  A person, other than a licensee
  3 16 or permittee, who violates this section regarding the purchase
  3 17 of or attempt to purchase alcoholic liquor, wine, or beer
  3 18 shall pay a twenty-five dollar penalty.
  3 19    Sec. 4.  Section 123.47B, Code 1995, is amended to read as
  3 20 follows:
  3 21    123.47B  PARENTAL AND SCHOOL NOTIFICATION &endash; PERSONS UNDER
  3 22 EIGHTEEN YEARS OF AGE.
  3 23    A peace officer shall make a reasonable effort to identify
  3 24 a person under the age of eighteen discovered to be in
  3 25 possession of alcoholic liquor, wine, or beer in violation of
  3 26 section 123.47 and if the person is not referred to juvenile
  3 27 court, the law enforcement agency of which the peace officer
  3 28 is an employee shall make a reasonable attempt to notify the
  3 29 person's custodial parent or legal guardian of such
  3 30 possession, whether or not the person is arrested or a
  3 31 citation is issued pursuant to section 805.16, unless the
  3 32 officer has reasonable grounds to believe that such
  3 33 notification is not in the best interests of the person or
  3 34 will endanger that person.  If the person is taken into
  3 35 custody, the peace officer shall notify a juvenile court
  4  1 officer who shall make a reasonable effort to identify the
  4  2 elementary or secondary school the person attends, if any, and
  4  3 to notify the superintendent of the school district or the
  4  4 superintendent's designee, or the authorities in charge of the
  4  5 nonpublic school of the taking into custody.  A reasonable
  4  6 attempt to notify the person includes but is not limited to a
  4  7 telephone call or notice by first class mail.
  4  8    Sec. 5.  Section 124.415, Code 1995, is amended to read as
  4  9 follows:
  4 10    124.415  PARENTAL AND SCHOOL NOTIFICATION &endash; PERSONS UNDER
  4 11 EIGHTEEN YEARS OF AGE.
  4 12    A peace officer shall make a reasonable effort to identify
  4 13 a person under the age of eighteen discovered to be in
  4 14 possession of a controlled substance, counterfeit substance,
  4 15 or simulated controlled substance in violation of this
  4 16 chapter, and if the person is not referred to juvenile court
  4 17 the law enforcement agency of which the peace officer is an
  4 18 employee shall make a reasonable attempt to notify the
  4 19 person's custodial parent or legal guardian of such
  4 20 possession, whether or not the person is arrested, unless the
  4 21 officer has reasonable grounds to believe that such
  4 22 notification is not in the best interests of the person or
  4 23 will endanger that person.  If the person is taken into
  4 24 custody, the peace officer shall notify a juvenile court
  4 25 officer who shall make a reasonable effort to identify the
  4 26 elementary or secondary school the person attends, if any, and
  4 27 to notify the superintendent of the school district, the
  4 28 superintendent's designee, or the authorities in charge of the
  4 29 nonpublic school of the taking into custody.  A juvenile court
  4 30 officer may also notify the superintendent of the school
  4 31 district, the superintendent's designee, or the authorities in
  4 32 charge of the nonpublic school of the taking into custody.  A
  4 33 reasonable attempt to notify the person includes but is not
  4 34 limited to a telephone call or notice by first class mail.
  4 35    Sec. 6.  Section 124.416, Code 1995, is amended to read as
  5  1 follows:
  5  2    124.416  EXCEPTION TO NONBAILABLE OFFENSE.
  5  3    Notwithstanding section 811.1, the court, in its
  5  4 discretion, after making the finding required by section
  5  5 811.1, subsection 3, may admit a person convicted of a
  5  6 violation of section 124.401, subsection 1 or 2, or of a
  5  7 violation of section 124.406, to bail if the prosecuting
  5  8 attorney in the action and the defendant's counsel jointly
  5  9 petition the court to admit the person to bail.
  5 10    Sec. 7.  Section 232.2, subsection 10, Code 1995, is
  5 11 amended to read as follows:
  5 12    10.  "Criminal or juvenile justice agency" means any agency
  5 13 which has as its primary responsibility the enforcement of the
  5 14 state's criminal laws or of local ordinances made pursuant to
  5 15 state law.
  5 16    Sec. 8.  Section 232.8, subsection 1, Code 1995, is amended
  5 17 by adding the following new paragraph:
  5 18    NEW PARAGRAPH.  c.  Violations by a child, age sixteen or
  5 19 older, which subject the child to the provisions of section
  5 20 124.401, subsection 1, paragraph "e" or "f", or violations of
  5 21 section 723A.2 which involve a violation of chapter 724, or
  5 22 violation of chapter 724 which constitutes a felony, or
  5 23 violations which constitute a forcible felony are excluded
  5 24 from the jurisdiction of the juvenile court and shall be
  5 25 prosecuted as otherwise provided by law unless the court
  5 26 transfers jurisdiction of the child to the juvenile court upon
  5 27 motion and for good cause.  A child over whom jurisdiction has
  5 28 not been transferred to the juvenile court, and who is
  5 29 convicted of a violation excluded from the jurisdiction of the
  5 30 juvenile court under this paragraph, shall be sentenced
  5 31 pursuant to section 124.401B, 902.9, or 903.1.
  5 32    Sec. 9.  Section 232.22, subsection 1, Code 1995, is
  5 33 amended by adding the following new paragraph:
  5 34    NEW PARAGRAPH.  f.  A dispositional order has been entered
  5 35 under section 232.52 placing the child in secure custody in a
  6  1 facility defined in subsection 2, paragraph "a" or "b".
  6  2    Sec. 10.  Section 232.28, subsection 10, Code 1995, is
  6  3 amended to read as follows:
  6  4    10.  A complaint filed with the court or its designee
  6  5 pursuant to this section which alleges that a child fourteen
  6  6 years of age or older has committed a delinquent act which if
  6  7 committed by an adult would be an aggravated misdemeanor or a
  6  8 felony shall be a public record and shall not be confidential
  6  9 under section 232.147.  The court, its designee, or law
  6 10 enforcement officials are authorized to release the complaint,
  6 11 including the identity of the child named in the complaint.
  6 12    Sec. 11.  Section 232.29, Code 1995, is amended by adding
  6 13 the following new subsection:
  6 14    NEW SUBSECTION.  3.  The person performing the duties of
  6 15 intake officer shall notify the superintendent of the school
  6 16 district or the superintendent's designee, or the authorities
  6 17 in charge of the nonpublic school which the child attends, of
  6 18 any informal adjustment regarding the child, fourteen years of
  6 19 age or older, for an act which would be an aggravated
  6 20 misdemeanor or felony if committed by an adult.
  6 21    Sec. 12.  Section 232.45A, Code 1995, is amended to read as
  6 22 follows:
  6 23    232.45A  WAIVER TO AND CONVICTION BY DISTRICT COURT &endash;
  6 24 PROCESSING.
  6 25    1.  Once jurisdiction over a child has been waived by the
  6 26 juvenile court as provided in section 232.45, for the alleged
  6 27 commission of a felony, and once a conviction is entered by
  6 28 the district court, for all other offenses, the clerk of the
  6 29 juvenile court shall immediately send a certified copy of the
  6 30 findings required by section 232.45, subsection 8, and the
  6 31 judgment of conviction, as applicable, to the department of
  6 32 public safety.  The department shall maintain a file on each
  6 33 child who has previously been waived to or waived to and
  6 34 convicted by the district court in a prosecution as an adult.
  6 35 The file shall be accessible by law enforcement officers on a
  7  1 twenty-four hour per day basis.
  7  2    2.  Once a child sixteen years of age or older has been
  7  3 waived to and convicted of an aggravated misdemeanor or a
  7  4 felony by in the district court, all criminal proceedings
  7  5 against the child for any aggravated misdemeanor or felony
  7  6 occurring subsequent to the date of the conviction of the
  7  7 child shall begin in district court, notwithstanding sections
  7  8 232.8 and 232.45.  A copy of the findings required by section
  7  9 232.45, subsection 8, shall be made a part of the record in
  7 10 the district court proceedings.
  7 11    3.  If proceedings against a child for an aggravated
  7 12 misdemeanor or a felony who has previously been waived to and
  7 13 convicted of such an offense by aggravated misdemeanor or a
  7 14 felony in the district court are mistakenly begun in the
  7 15 juvenile court, the matter shall be transferred to district
  7 16 court upon the discovery of the prior waiver and conviction,
  7 17 notwithstanding sections 232.8 and 232.45.
  7 18    Sec. 13.  Section 232.52, subsection 2, paragraph a, Code
  7 19 1995, is amended by adding the following new subparagraph:
  7 20    NEW SUBPARAGRAPH.  (5)  The suspension of the motor vehicle
  7 21 license or operating privilege of the child for a period not
  7 22 to exceed one year.  The order shall state whether a work
  7 23 permit may or shall not be issued to the child.
  7 24    Sec. 14.  Section 232.52, subsection 2, Code 1995, is
  7 25 amended by adding the following new paragraph:
  7 26    NEW PARAGRAPH.  g.  An order placing a child in secure
  7 27 custody for not more than two days in a facility under section
  7 28 232.22, subsection 2, paragraph "a" or "b".
  7 29    Sec. 15.  Section 232.147, subsection 2, Code 1995, is
  7 30 amended to read as follows:
  7 31    2.  Official juvenile court records in cases alleging
  7 32 delinquency, including complaints under section 232.28, shall
  7 33 be public records, subject to sealing under section 232.150.
  7 34 If the court has excluded the public from a hearing under
  7 35 division II of this chapter, the transcript of the proceedings
  8  1 shall not be deemed a public record and inspection and
  8  2 disclosure of the contents of the transcript shall not be
  8  3 permitted except pursuant to court order or unless otherwise
  8  4 provided in this chapter.  Complaints under section 232.28
  8  5 shall be released in accordance with section 232.28.  Other
  8  6 official juvenile court records may be released under this
  8  7 section by a juvenile court officer.
  8  8    Sec. 16.  Section 232.148, subsections 1 and 2, are amended
  8  9 to read as follows:
  8 10    1.  Except as provided in this section, a child shall not
  8 11 be fingerprinted or photographed by a criminal or juvenile
  8 12 justice agency after the child is taken into custody.
  8 13    2.  Fingerprints and photographs of a child who has been
  8 14 taken into custody and who is fourteen years of age or older
  8 15 may be taken and filed by a criminal or juvenile justice
  8 16 agency investigating the commission of a public offense other
  8 17 than a simple or serious misdemeanor.  The criminal justice
  8 18 agency shall forward the fingerprints to the department of
  8 19 public safety for inclusion in the automated fingerprint
  8 20 identification system and may also retain a copy of the
  8 21 fingerprint card for comparison with latent fingerprints and
  8 22 the identification of repeat offenders.  However, unless
  8 23 otherwise authorized pursuant to section 232.45A or 690.4, or
  8 24 as otherwise authorized by law, a criminal history record
  8 25 shall not be created for inclusion in an automated system due
  8 26 to the retention of fingerprints pursuant to this section.
  8 27    Sec. 17.  Section 232.148, subsection 5, paragraph c, Code
  8 28 1995, is amended by striking the paragraph.
  8 29    Sec. 18.  Section 232.149, subsection 2, Code 1995, is
  8 30 amended to read as follows:
  8 31    2.  Records and files of a criminal or juvenile justice
  8 32 agency concerning a child other than fingerprint and
  8 33 photograph records and files shall not be open to inspection
  8 34 and their contents shall not be disclosed except as provided
  8 35 in this section and involved in a delinquent act are public
  9  1 records, except that a criminal or juvenile justice agency
  9  2 shall not release the name of a child until a complaint is
  9  3 filed pursuant to section 232.28 and criminal history data is
  9  4 subject to the provisions of chapter 692.  The records are
  9  5 subject to sealing under section 232.150 unless the juvenile
  9  6 court waives its jurisdiction over the child so that the child
  9  7 may be prosecuted as an adult for a public offense.
  9  8    Sec. 19.  Section 232.149, subsections 3 through 6, Code
  9  9 1995, are amended by striking the subsections.
  9 10    Sec. 20.  NEW SECTION.  279.58  SCHOOL DRESS CODE POLICIES.
  9 11    1.  The general assembly finds and declares that the
  9 12 students and the administrative and instructional staffs of
  9 13 Iowa's public schools have the right to be safe and secure at
  9 14 school.  Gang-related apparel worn at school draws attention
  9 15 away from the school's learning environment and directs it
  9 16 toward thoughts or expressions of violence, bigotry, hate, and
  9 17 abuse.
  9 18    2.  The board of directors of a school district may adopt,
  9 19 for the district or for an individual school within the
  9 20 district, a dress code policy that prohibits students from
  9 21 wearing gang-related or other specific apparel if the board
  9 22 determines that the policy is necessary for the health,
  9 23 safety, or positive educational environment of students and
  9 24 staff in the school environment or for the appropriate
  9 25 discipline and operation of the school.  Adoption and
  9 26 enforcement of a dress code policy is not a violation of
  9 27 section 280.22.
  9 28    Sec. 21.  NEW SECTION.  280.17A  PROCEDURES FOR HANDLING
  9 29 DANGEROUS WEAPONS.
  9 30    The board of directors of a public school and the
  9 31 authorities in control of a nonpublic school shall prescribe
  9 32 procedures requiring school officials to report to local law
  9 33 enforcement agencies any dangerous weapon, as defined in
  9 34 section 702.7, possessed on school premises in violation of
  9 35 school policy or state law.
 10  1    Sec. 22.  NEW SECTION.  280.17B  STUDENTS SUSPENDED OR
 10  2 EXPELLED FOR POSSESSION OF DANGEROUS WEAPONS.
 10  3    The board of directors of a public school and the
 10  4 authorities in control of a nonpublic school shall prescribe
 10  5 procedures for continued school involvement with a student who
 10  6 is suspended or expelled for possession of a dangerous weapon,
 10  7 as defined in section 702.7, on school premises in violation
 10  8 of state law and for the reintegration of the student into the
 10  9 school following the suspension or expulsion.
 10 10    Sec. 23.  NEW SECTION.  280.21B  EXPULSION &endash; WEAPONS IN
 10 11 SCHOOL.
 10 12    The board of directors of a school district and the
 10 13 authorities in charge of a nonpublic school which receives
 10 14 services supported by federal funds shall expel from school
 10 15 for a period of not less than one year a student who is
 10 16 determined to have brought a weapon to a school or knowingly
 10 17 possessed a weapon at a school under the jurisdiction of the
 10 18 board or the authorities.  However, the superintendent or
 10 19 chief administering officer of a school or school district may
 10 20 modify expulsion requirements on a case-by-case basis.  This
 10 21 section shall not be construed to prevent the board of
 10 22 directors of a school district or the authorities in charge of
 10 23 a nonpublic school that have expelled a student from the
 10 24 student's regular school setting from providing educational
 10 25 services to the student in an alternative setting.  If both
 10 26 this section and section 282.4 apply, this section takes
 10 27 precedence over section 282.4.  For purposes of this section,
 10 28 "weapon" means a firearm as defined in 18 U.S.C. } 921.  This
 10 29 section shall be construed in a manner consistent with the
 10 30 federal Individuals with Disabilities Education Act, 20 U.S.C.
 10 31 } 1400 et seq.
 10 32    Sec. 24.  Section 331.653, subsection 58, Code 1995, is
 10 33 amended to read as follows:
 10 34    58.  Report information on crimes committed and delinquent
 10 35 acts committed, which would be an aggravated misdemeanor or
 11  1 felony if committed by an adult, and furnish disposition
 11  2 reports on persons arrested and juveniles taken into custody,
 11  3 for a delinquent act which would be an aggravated misdemeanor
 11  4 or felony if committed by an adult, and criminal complaints or
 11  5 information or juvenile delinquency petitions, alleging a
 11  6 delinquent act which would be an aggravated misdemeanor or
 11  7 felony if committed by an adult, filed in any court as
 11  8 provided in section 692.15.
 11  9    Sec. 25.  Section 507.10, subsection 4, paragraph b,
 11 10 subparagraph (1), unnumbered paragraph 2, Code 1995, is
 11 11 amended to read as follows:
 11 12    This section does not require the division of insurance to
 11 13 disclose any information or records which would indicate or
 11 14 show the existence of any investigation or activity of a
 11 15 criminal or juvenile justice agency.
 11 16    Sec. 26.  Section 602.8102, subsection 125, Code 1995, is
 11 17 amended to read as follows:
 11 18    125.  Furnish a disposition of each criminal complaint or
 11 19 information or juvenile delinquency petition, alleging a
 11 20 delinquent act which would be an aggravated misdemeanor or
 11 21 felony if committed by an adult, filed in the district or
 11 22 juvenile court to the department of public safety as provided
 11 23 in section 692.15.
 11 24    Sec. 27.  Section 690.5, unnumbered paragraph 2, Code 1995,
 11 25 is amended to read as follows:
 11 26    If a criminal or juvenile justice agency subject to
 11 27 fingerprinting and disposition requirements fails to comply
 11 28 with the requirements, the commissioner of public safety shall
 11 29 order that the agency's access to criminal history record
 11 30 information maintained by the repository be denied or
 11 31 restricted until the agency complies with the reporting
 11 32 requirements.
 11 33    Sec. 28.  Section 692.1, Code 1995, is amended by adding
 11 34 the following new subsection before subsection 1 and
 11 35 renumbering the subsequent subsection:
 12  1    NEW SUBSECTION.  1.  "Adjudication data" means information
 12  2 that an adjudication of delinquency for an act which would be
 12  3 an aggravated misdemeanor or felony if committed by an adult
 12  4 was entered against a juvenile and includes the date and
 12  5 location of the delinquent act and the place and court of
 12  6 adjudication.
 12  7    Sec. 29.  Section 692.1, subsection 5, Code 1995, is
 12  8 amended by adding the following new paragraphs:
 12  9    NEW PARAGRAPH.  e.  Adjudication data.
 12 10    NEW PARAGRAPH.  f.  Custody data.
 12 11    Sec. 30.  Section 692.1, subsection 7, Code 1995, is
 12 12 amended to read as follows:
 12 13    7.  "Criminal or juvenile justice agency" means an agency
 12 14 or department of any level of government or an entity wholly
 12 15 owned, financed, or controlled by one or more such agencies or
 12 16 departments which performs as its principal function the
 12 17 apprehension, prosecution, adjudication, incarceration, or
 12 18 rehabilitation of criminal or juvenile offenders.
 12 19    Sec. 31.  Section 692.1, Code 1995, is amended by adding
 12 20 the following new subsection:
 12 21    NEW SUBSECTION.  7A.  "Custody data" means information
 12 22 pertaining to the taking into custody, pursuant to section
 12 23 232.19, of a juvenile for a delinquent act which would be an
 12 24 aggravated misdemeanor or felony if committed by an adult, and
 12 25 includes the date, time, place, and facts and circumstances of
 12 26 the delinquent act.  Custody data includes warrants for the
 12 27 taking into custody for all delinquent acts outstanding and
 12 28 not served and includes the filing of a petition pursuant to
 12 29 section 232.35, the date and place of the alleged delinquent
 12 30 act, and the county of jurisdiction.
 12 31    Sec. 32.  Section 692.2, subsection 1, paragraph a, Code
 12 32 1995, is amended to read as follows:
 12 33    a.  Criminal or juvenile justice agencies.
 12 34    Sec. 33.  Section 692.2, subsection 4, Code 1995, is
 12 35 amended to read as follows:
 13  1    4.  The provisions of this section and section 692.3 which
 13  2 relate to the requiring of an individually identified request
 13  3 prior to the dissemination or redissemination of criminal
 13  4 history data do not apply to the furnishing of criminal
 13  5 history data to the federal bureau of investigation or to the
 13  6 dissemination or redissemination of information that an arrest
 13  7 warrant has been or will be issued, and other relevant
 13  8 information including, but not limited to, the offense or
 13  9 delinquent act and the date and place of alleged commission,
 13 10 individually identifying characteristics of the person to be
 13 11 arrested or taken into custody, and the court or jurisdiction
 13 12 issuing the warrant.
 13 13    Sec. 34.  Section 692.2, subsection 6, unnumbered paragraph
 13 14 2, Code 1995, is amended to read as follows:
 13 15    In cases in which members of the department are
 13 16 participating in the investigation or arrest, or where
 13 17 officers of other criminal or juvenile justice agencies
 13 18 participating in the investigation or arrest consent, the
 13 19 department may disseminate criminal history data and
 13 20 intelligence data when the dissemination complies with section
 13 21 692.3.
 13 22    Sec. 35.  Section 692.3, subsections 1 and 3, Code 1995,
 13 23 are amended to read as follows:
 13 24    1.  A peace officer, criminal or juvenile justice agency,
 13 25 or state or federal regulatory agency shall not redisseminate
 13 26 criminal history data outside the agency, received from the
 13 27 department or bureau, unless all of the following apply:
 13 28    a.  The data is for official purposes in connection with
 13 29 prescribed duties of a criminal or juvenile justice agency.
 13 30    b.  The agency maintains a list of the persons receiving
 13 31 the data and the date and purpose of the dissemination.
 13 32    c.  The request for data is based upon name, fingerprints,
 13 33 or other individual identification characteristics.
 13 34    3.  A peace officer, criminal or juvenile justice agency,
 13 35 or state or federal regulatory agency shall not redisseminate
 14  1 intelligence data outside the agency, received from the
 14  2 department or bureau or from any other source, except as
 14  3 provided in subsection 1.
 14  4    Sec. 36.  Section 692.4, unnumbered paragraph 1, Code 1995,
 14  5 is amended to read as follows:
 14  6    The department, bureau, or a criminal or juvenile justice
 14  7 agency may compile and disseminate criminal history data in
 14  8 the form of statistical reports derived from such information
 14  9 or as the basis of further study provided individual
 14 10 identities are not ascertainable.
 14 11    Sec. 37.  Section 692.8, Code 1995, is amended to read as
 14 12 follows:
 14 13    692.8  INTELLIGENCE DATA.
 14 14    Intelligence data contained in the files of the department
 14 15 of public safety or a criminal or juvenile justice agency may
 14 16 be placed within a computer data storage system, provided that
 14 17 access to the computer data storage system is restricted to
 14 18 authorized employees of the department or criminal or juvenile
 14 19 justice agency.  The department shall adopt rules to implement
 14 20 this paragraph.
 14 21    Intelligence data in the files of the department may be
 14 22 disseminated only to a peace officer, criminal or juvenile
 14 23 justice agency, or state or federal regulatory agency, and
 14 24 only if the department is satisfied that the need to know and
 14 25 the intended use are reasonable.  Whenever intelligence data
 14 26 relating to a defendant or juvenile who is the subject of a
 14 27 petition under section 232.35 for the purpose of sentencing or
 14 28 adjudication has been provided a court, the court shall inform
 14 29 the defendant or juvenile or the defendant's or juvenile's
 14 30 attorney that it is in possession of such data and shall, upon
 14 31 request of the defendant or juvenile or the defendant's or
 14 32 juvenile's attorney, permit examination of such data.
 14 33    If the defendant or juvenile disputes the accuracy of the
 14 34 intelligence data, the defendant or juvenile shall do so by
 14 35 filing an affidavit stating the substance of the disputed data
 15  1 and wherein it is inaccurate.  If the court finds reasonable
 15  2 doubt as to the accuracy of such information, it may require a
 15  3 hearing and the examination of witnesses relating thereto on
 15  4 or before the time set for sentencing or adjudication.
 15  5    Sec. 38.  Section 692.9, Code 1995, is amended to read as
 15  6 follows:
 15  7    692.9  SURVEILLANCE DATA PROHIBITED.
 15  8    No surveillance data shall be placed in files or manual or
 15  9 automated data storage systems by the department or bureau or
 15 10 by any peace officer or criminal or juvenile justice agency.
 15 11 Violation of the provisions of this section shall be a public
 15 12 offense punishable under section 692.7.
 15 13    Sec. 39.  Section 692.10, Code 1995, is amended to read as
 15 14 follows:
 15 15    692.10  RULES.
 15 16    The department shall adopt rules designed to assure the
 15 17 security and confidentiality of all systems established for
 15 18 the exchange of criminal history data and intelligence data
 15 19 between criminal or juvenile justice agencies and for the
 15 20 authorization of officers or employees to access a department
 15 21 or agency computer data storage system in which criminal
 15 22 intelligence data is stored.
 15 23    Sec. 40.  Section 692.11, Code 1995, is amended to read as
 15 24 follows:
 15 25    692.11  EDUCATION PROGRAM.
 15 26    The department shall require an educational program for its
 15 27 employees and the employees of criminal or juvenile justice
 15 28 agencies on the proper use and control of criminal history
 15 29 data and intelligence data.
 15 30    Sec. 41.  Section 692.12, Code 1995, is amended to read as
 15 31 follows:
 15 32    692.12  DATA PROCESSING.
 15 33    Nothing in this chapter shall preclude the use of the
 15 34 equipment and hardware of the data processing service center
 15 35 for the storage and retrieval of criminal history data.  Files
 16  1 shall be stored on the computer in such a manner as the files
 16  2 cannot be modified, destroyed, accessed, changed or overlaid
 16  3 in any fashion by noncriminal or juvenile justice agency
 16  4 terminals or personnel.  That portion of any computer,
 16  5 electronic switch or manual terminal having access to criminal
 16  6 history data stored in the state computer must be under the
 16  7 management control of a criminal or juvenile justice agency.
 16  8    Sec. 42.  Section 692.13, Code 1995, is amended to read as
 16  9 follows:
 16 10    692.13  REVIEW.
 16 11    The department shall initiate periodic review procedures
 16 12 designed to determine compliance with the provisions of this
 16 13 chapter within the department and by criminal or juvenile
 16 14 justice agencies and to determine that data furnished to them
 16 15 is factual and accurate.
 16 16    Sec. 43.  Section 692.14, Code 1995, is amended to read as
 16 17 follows:
 16 18    692.14  SYSTEMS FOR THE EXCHANGE OF CRIMINAL HISTORY DATA.
 16 19    The department shall regulate the participation by all
 16 20 state and local agencies in any system for the exchange of
 16 21 criminal history data, and shall be responsible for assuring
 16 22 the consistency of such participation with the terms and
 16 23 purposes of this chapter.
 16 24    Direct access to such systems shall be limited to such
 16 25 criminal or juvenile justice agencies as are expressly
 16 26 designated for that purpose by the department.  The department
 16 27 shall, with respect to telecommunications terminals employed
 16 28 in the dissemination of criminal history data, insure that
 16 29 security is provided over an entire terminal or that portion
 16 30 actually authorized access to criminal history data.
 16 31    Sec. 44.  Section 692.15, Code 1995, is amended to read as
 16 32 follows:
 16 33    692.15  REPORTS TO DEPARTMENT.
 16 34    1.  If it comes to the attention of a sheriff, police
 16 35 department, or other law enforcement agency that a public
 17  1 offense or delinquent act has been committed in its
 17  2 jurisdiction, the law enforcement agency shall report
 17  3 information concerning such a the public offense or delinquent
 17  4 act to the department on a form to be furnished by the
 17  5 department not more than thirty-five days from the time the
 17  6 public offense or delinquent act first comes to the attention
 17  7 of the law enforcement agency.  The reports shall be used to
 17  8 generate crime statistics.  The department shall submit
 17  9 statistics to the governor, the general assembly, and the
 17 10 division of criminal and juvenile justice planning of the
 17 11 department of human rights on a quarterly and yearly basis.
 17 12    2.  If a sheriff, police department, or other law
 17 13 enforcement agency makes an arrest or takes a juvenile into
 17 14 custody which is reported to the department, the arresting law
 17 15 enforcement agency making the arrest or taking the juvenile
 17 16 into custody and any other law enforcement agency which
 17 17 obtains custody of the arrested person or juvenile taken into
 17 18 custody shall furnish a disposition report to the department
 17 19 if the arrested person or juvenile taken into custody is
 17 20 transferred to the custody of another law enforcement agency
 17 21 or is released without having a complaint or information or
 17 22 petition under section 232.35 filed with any court.
 17 23    3.  The law enforcement agency making an arrest and
 17 24 securing fingerprints pursuant to section 690.2 or taking a
 17 25 juvenile into custody and securing fingerprints pursuant to
 17 26 section 232.148 shall fill out a final disposition report on
 17 27 each arrest on a form and in the manner prescribed by the
 17 28 commissioner of public safety.  The final disposition report
 17 29 shall be forwarded to the county attorney in the county where
 17 30 the arrest or taking into custody occurred.
 17 31    4.  The county attorney of each county shall complete the
 17 32 final disposition report and submit it to the department
 17 33 within thirty days if a preliminary information or citation is
 17 34 dismissed without a new charge being filed.  If an indictment
 17 35 is returned or a county attorney's information is filed, or a
 18  1 petition is filed under section 232.35, the final disposition
 18  2 form shall be forwarded to the clerk of the district court of
 18  3 that county.
 18  4    5.  If a criminal complaint or information or petition
 18  5 under section 232.35 is filed in any court, the clerk shall
 18  6 furnish a disposition report of the case.
 18  7    6.  Any disposition report shall be sent to the department
 18  8 within thirty days after disposition on a form provided by the
 18  9 department.
 18 10    7.  The hate crimes listed in section 729A.2 are subject to
 18 11 the reporting requirements of this section.
 18 12    Sec. 45.  Section 692.16, Code 1995, is amended to read as
 18 13 follows:
 18 14    692.16  REVIEW AND REMOVAL.
 18 15    At least every year the bureau shall review and determine
 18 16 current status of all Iowa arrests or takings into custody
 18 17 reported, which are at least one year old with no disposition
 18 18 data.  Any Iowa arrest or taking of a juvenile into custody
 18 19 recorded within a computer data storage system which has no
 18 20 disposition data after four years shall be removed unless
 18 21 there is an outstanding arrest warrant or detainer on such
 18 22 charge.
 18 23    Sec. 46.  Section 692.17, Code 1995, is amended to read as
 18 24 follows:
 18 25    692.17  EXCLUSIONS &endash; PURPOSES.
 18 26    Criminal history data in a computer data storage system
 18 27 shall not include arrest or disposition data or custody or
 18 28 adjudication data after the person has been acquitted or the
 18 29 charges dismissed.  Criminal history data shall not include
 18 30 custody or adjudication data after the juvenile has reached
 18 31 twenty-one years of age, unless the juvenile was convicted of
 18 32 or plead guilty to a serious or aggravated misdemeanor or
 18 33 felony between age eighteen and age twenty-one.  For the
 18 34 purposes of this section, "criminal history data" includes
 18 35 information maintained by any criminal justice agency if the
 19  1 information otherwise meets the definition of criminal history
 19  2 data set forth in section 692.1 and also includes the source
 19  3 documents of the information included in the criminal history
 19  4 data and fingerprint records.
 19  5    For the purposes of this section, "criminal history data"
 19  6 includes the following:
 19  7    1.  In the case of an adult, information maintained by any
 19  8 criminal justice agency if the information otherwise meets the
 19  9 definition of criminal history data in section 692.1, except
 19 10 that source documents shall be retained.
 19 11    2.  In the case of a juvenile, information maintained by
 19 12 any criminal or juvenile justice agency if the information
 19 13 otherwise meets the definition of criminal history data in
 19 14 section 692.1.  In the case of a juvenile, criminal history
 19 15 data and source documents, other than fingerprint records,
 19 16 shall not be retained.
 19 17    Fingerprint cards received that are used to establish a
 19 18 criminal history data record shall be retained in the
 19 19 automated fingerprint identification system when the criminal
 19 20 history data record is expunged.
 19 21    Criminal history data may be collected for management or
 19 22 research purposes.
 19 23    Sec. 47.  Section 692.19, subsection 6, Code 1995, is
 19 24 amended to read as follows:
 19 25    6.  May conduct inquiries and investigations the
 19 26 commissioner finds appropriate to achieve the purposes of this
 19 27 chapter.  Each criminal or juvenile justice agency in this
 19 28 state and each state and local agency otherwise authorized
 19 29 access to criminal history data is authorized and directed to
 19 30 furnish to the commissioner of public safety, upon the
 19 31 commissioner's request, statistical data, reports, and other
 19 32 information in its possession as the commissioner deems
 19 33 necessary to implement this chapter.
 19 34    Sec. 48.  Section 692.21, Code 1995, is amended to read as
 19 35 follows:
 20  1    692.21  DATA TO ARRESTING AGENCY MAKING ARREST OR TAKING
 20  2 JUVENILE INTO CUSTODY.
 20  3    The clerk of the district court shall forward conviction
 20  4 and disposition data to the criminal justice agency making the
 20  5 arrest or taking a juvenile into custody within thirty days of
 20  6 final court disposition of the case.
 20  7    Sec. 49.  Section 708.1, Code 1995, is amended by adding
 20  8 the following new unnumbered paragraph:
 20  9    NEW UNNUMBERED PARAGRAPH.  Provided, that where the person
 20 10 doing any of the above enumerated acts is employed by a school
 20 11 district or accredited nonpublic school, or is an area
 20 12 education agency staff member who provides services to a
 20 13 school or school district, and intervenes in a fight or
 20 14 physical struggle, or other disruptive situation, that takes
 20 15 place in the presence of the employee or staff member
 20 16 performing employment duties in a school building, on school
 20 17 grounds, or at an official school function regardless of the
 20 18 location, the act shall not be an assault, whether the fight
 20 19 or physical struggle or other disruptive situation is between
 20 20 students or other individuals if the degree and the force of
 20 21 the intervention is reasonably necessary to restore order and
 20 22 to protect the safety of those assembled.
 20 23    Sec. 50.  Section 709A.6, subsection 2, Code 1995, is
 20 24 amended to read as follows:
 20 25    2.  It is unlawful for a person to act with, enter into a
 20 26 common scheme or design with, conspire with, recruit or use a
 20 27 person under the age of eighteen, through threats, monetary
 20 28 payment, or other means, to commit an indictable offense for
 20 29 the profit of the person acting with, entering into the common
 20 30 scheme or design with, conspiring with, recruiting or using
 20 31 the juvenile.  A person who violates this section commits a
 20 32 class "D" "C" felony.
 20 33    Sec. 51.  Section 723A.1, subsection 1, Code 1995, is
 20 34 amended by adding the following new paragraph:
 20 35    NEW PARAGRAPH.  g.  An offense constituting a violation of
 21  1 chapter 724.
 21  2    Sec. 52.  NEW SECTION.  723A.3  GANG RECRUITMENT &endash;
 21  3 PENALTY.
 21  4    1.  A person who solicits, recruits, entices, or
 21  5 intimidates a minor to join a criminal street gang commits a
 21  6 class "C" felony.
 21  7    2.  A person who conspires to solicit, recruit, entice, or
 21  8 intimidate a minor to join a criminal street gang commits a
 21  9 class "D" felony.
 21 10    Sec. 53.  NEW SECTION.  724.4B  CARRYING WEAPONS ON SCHOOL
 21 11 GROUNDS &endash; PENALTY &endash; EXCEPTIONS.
 21 12    1.  A person who goes armed with, carries, or transports a
 21 13 firearm of any kind, whether concealed or not, on the grounds
 21 14 of a school commits a class "D" felony.  For the purposes of
 21 15 this section, "school" means a public or nonpublic school as
 21 16 defined in section 280.2.
 21 17    2.  Subsection 1 does not apply to the following:
 21 18    a.  A person listed under section 724.4, subsection 4,
 21 19 paragraphs "b" through "f" or "j".
 21 20    b.  A person who has been specifically authorized by the
 21 21 school to go armed, carry, or transport a firearm on the
 21 22 school grounds, including for purposes of conducting an
 21 23 instructional program regarding firearms.
 21 24    Sec. 54.  NEW SECTION.  803.6  TRANSFER OF JURISDICTION &endash;
 21 25 JUVENILE.
 21 26    1.  The court, in the case of a juvenile who is alleged to
 21 27 have committed a criminal offense listed in section 232.8,
 21 28 subsection 1, paragraph "c", may direct a juvenile court
 21 29 officer to provide a report regarding whether the child should
 21 30 be transferred to juvenile court for adjudication and
 21 31 disposition as a juvenile.
 21 32    2.  If the court believes that transfer may be appropriate
 21 33 the court shall hold a hearing on whether the child should be
 21 34 transferred.  A notice of the time and place of the transfer
 21 35 hearing shall be given to all parties to the case.  Prior to
 22  1 the hearing, the court shall provide the defendant's counsel
 22  2 and the county attorney with access to the report provided by
 22  3 the juvenile court officer and to all written material to be
 22  4 considered by the court.
 22  5    3.  After the hearing, the court may transfer jurisdiction
 22  6 to the juvenile court if the court determines that waiver to
 22  7 the criminal court would be inappropriate under the criteria
 22  8 set forth in section 232.45, subsection 6, paragraph "c", and
 22  9 section 232.45, subsection 7.
 22 10    4.  If after the hearing the court transfers jurisdiction
 22 11 over the defendant to the juvenile court for the alleged
 22 12 commission of the public offense, the court shall forward the
 22 13 transfer order together with all papers, documents, and a
 22 14 transcript of all testimony filed or admitted into evidence in
 22 15 connection with the case to the clerk of the juvenile court in
 22 16 the same manner as provided in section 232.8, subsection 2.
 22 17    5.  A defendant transferred to the jurisdiction of the
 22 18 juvenile court shall be placed in detention under section
 22 19 232.22.
 22 20    Sec. 55.  Section 808A.1, subsection 1, paragraph d, Code
 22 21 1995, is amended to read as follows:
 22 22    d.  A school locker, desk, or other facility or space
 22 23 issued or assigned to, or chosen by, the student for the
 22 24 storage of personal belongings of any kind, which the student
 22 25 locks or is permitted to lock.  School officials may conduct
 22 26 periodic inspections of all school lockers.  However, the
 22 27 school district shall provide notice to the students, at least
 22 28 twenty-four hours prior to the inspection, of the date and
 22 29 time of the inspection.
 22 30    Sec. 56.  Section 808A.2, Code 1995, is amended by adding
 22 31 the following new subsection:
 22 32    NEW SUBSECTION.  1A.  Notwithstanding subsection 1,
 22 33 paragraphs "a" through "c", as they apply to searches of
 22 34 protected student areas, school officials may conduct periodic
 22 35 inspections of all, or a randomly selected number of, school
 23  1 lockers.  However, the school district shall provide written
 23  2 notice to each student, and the adult who enrolls the student
 23  3 at the school, that school officials may conduct periodic
 23  4 inspections of all school lockers without prior notice.  An
 23  5 inspection under this subsection shall only occur in the
 23  6 presence of the students whose lockers are being inspected.
 23  7    Sec. 57.  TASK FORCE.  A youthful offender jurisdiction
 23  8 task force is established to develop a plan for a seamless
 23  9 system of shared jurisdiction between courts presiding over
 23 10 both juvenile and criminal proceedings.  The intent of this
 23 11 shared jurisdiction would be to improve sanctions and
 23 12 interventions for juveniles who commit serious crimes.
 23 13    The membership of the task force shall consist of the
 23 14 director of the department of corrections or the director's
 23 15 designee; the attorney general or the attorney general's
 23 16 designee; a director of a judicial district department of
 23 17 correctional services designated by the governor; the director
 23 18 of human services or the director's designee; the
 23 19 administrator of the criminal and juvenile justice planning
 23 20 division of the department of human rights or the
 23 21 administrator's designee; a chief juvenile court officer, a
 23 22 judge currently handling primarily juvenile cases, and a judge
 23 23 currently handling primarily criminal cases designated by the
 23 24 governor in consultation with the chief justice of the supreme
 23 25 court; the state public defender or the state public
 23 26 defender's designee; a faculty member at a college or
 23 27 university in Iowa which offers a major in criminology and
 23 28 criminalistics who has expertise in juvenile justice issues;
 23 29 two members of the senate, one each appointed by the majority
 23 30 and minority leaders and two members of the house of
 23 31 representatives, appointed by the speaker of the house of
 23 32 representatives after consultation with the majority and
 23 33 minority leaders; and a county attorney designated by the
 23 34 governor.
 23 35    In developing its plan, the task force shall review the
 24  1 youthful offender program plan prepared by the department of
 24  2 corrections pursuant to 1990 Iowa Acts, chapter 1239, and the
 24  3 provisions for a youthful offender program as proposed in 1992
 24  4 Iowa Acts, chapter 1231.  The task force's plan shall include
 24  5 recommendations to implement policies and procedures that
 24  6 allow for the provision of supervision and services to persons
 24  7 whose jurisdiction begins in juvenile court, but who, because
 24  8 of the nature of their offense and their responsiveness to
 24  9 juvenile court dispositions, require services and supervision
 24 10 beyond current juvenile court jurisdiction time limits.  The
 24 11 plan also shall identify the impact of its recommendations on
 24 12 the caseloads and resources of the courts, the department of
 24 13 human services, the department of corrections, the judicial
 24 14 district departments of correctional services, and other
 24 15 affected state and local agencies and programs.
 24 16    The division of criminal and juvenile justice planning of
 24 17 the department of human rights shall convene and coordinate
 24 18 the activities of the task force.  The task force shall submit
 24 19 its plan to the governor and general assembly by October 1,
 24 20 1995.
 24 21    Sec. 58.  1995 Iowa Acts, House File 471, section 7, is
 24 22 amended to read as follows:
 24 23    SEC. 7.  INTERIM STUDY COMMITTEE.  The legislative council
 24 24 is requested to establish an interim committee to study
 24 25 currently available sentencing and incarceration options.  The
 24 26 study may include but shall not be limited to a review of
 24 27 available jail, community corrections, and prison beds; the
 24 28 potential impact of the use of split sentencing on jail,
 24 29 community corrections, and prison bed space; security needs
 24 30 and costs associated with the implementation of hard labor
 24 31 requirements for persons incarcerated in corrections
 24 32 institutions; and the nature and costs associated with other
 24 33 sentencing options and the utilization, cost, and
 24 34 effectiveness of placing a juvenile in secure custody under
 24 35 section 232.52, subsection 2, paragraph "g", if enacted in
 25  1 House File 528.  The committee shall coordinate the study with
 25  2 juvenile court services personnel to obtain the information
 25  3 regarding juveniles.  A report regarding placing juveniles in
 25  4 secure custody shall be made to the general assembly by
 25  5 January 1, 1996.  A follow-up report shall be made by June 30,
 25  6 1996.  In addition to legislative members, the membership of
 25  7 the interim committee shall include the following public
 25  8 members:
 25  9    1.  A representative from the board of parole.
 25 10    2.  A representative from the division of criminal and
 25 11 juvenile justice planning of the department of human rights.
 25 12    3.  A representative from an association of sheriffs and
 25 13 deputy sheriffs.
 25 14    4.  A representative from the department of corrections.
 25 15    5.  A representative from a county board of supervisors.
 25 16    The committee shall submit findings and any recommendations
 25 17 in a report to the general assembly by January 1, 1996.  
 25 18 HF 528
 25 19 mk/pk/25
     
Text: HF00527                           Text: HF00529
Text: HF00500 - HF00599                 Text: HF Index
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