Text: HSB00253 Text: HSB00255 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 22.7, subsection 5, Code 1995, is 1 2 amended to read as follows: 1 3 5. Peace officers' investigative reports, except where 1 4 disclosure is authorized elsewhere in this Code. However, the 1 5 date, time, specific location, and immediate facts and 1 6 circumstances surrounding a crime,orincident, or delinquent 1 7 act, including the name of a juvenile involved, shall not be 1 8 kept confidential under this section, except in those unusual 1 9 circumstances where disclosure would plainly and seriously 1 10 jeopardize an investigation or pose a clear and present danger 1 11 to the safety of an individual. 1 12 Sec. 2. Section 22.7, subsection 13, Code 1995, is amended 1 13 to read as follows: 1 14 13. The records of a library which, by themselves or when 1 15 examined with other public records, would reveal the identity 1 16 of the library patron checking out or requesting an item or 1 17 information from the library. The records shall be released 1 18 to a criminal or juvenile justice agency only pursuant to an 1 19 investigation of a particular person or organization suspected 1 20 of committing a known crime. The records shall be released 1 21 only upon a judicial determination that a rational connection 1 22 exists between the requested release of information and a 1 23 legitimate end and that the need for the information is cogent 1 24 and compelling. 1 25 Sec. 3. Section 22.7, subsection 18, paragraph c, Code 1 26 1995, is amended to read as follows: 1 27 c. Information contained in the communication is a public 1 28 record to the extent that it indicates the date, time, 1 29 specific location, and immediate facts and circumstances 1 30 surrounding the occurrence of a crime, delinquent act, or 1 31 other illegal act, including the name of a juvenile involved, 1 32 except to the extent that its disclosure would plainly and 1 33 seriously jeopardize a continuing investigation or pose a 1 34 clear and present danger to the safety of any person. In any 1 35 action challenging the failure of the lawful custodian to 2 1 disclose any particular information of the kind enumerated in 2 2 this paragraph, the burden of proof is on the lawful custodian 2 3 to demonstrate that the disclosure of that information would 2 4 jeopardize such an investigation or would pose such a clear 2 5 and present danger. 2 6 Sec. 4. Section 80.9, subsection 2, paragraph d, Code 2 7 1995, is amended to read as follows: 2 8 d. To collect and classify, and keep at all times 2 9 available, complete information useful for the detection of 2 10 crime, and the identification and apprehension of criminals. 2 11 Such information shall be available for all peace officers 2 12 within the state, under such regulations as the commissioner 2 13 may prescribe. The provisions of chapter 141 do not apply to 2 14 the entry of human immunodeficiency virus-related information 2 15 by criminal or juvenile justice agencies, as defined in 2 16 section 692.1, into the Iowa criminal justice information 2 17 system or the national crime information center system. The 2 18 provisions of chapter 141 also do not apply to the 2 19 transmission of the same information from either or both 2 20 information systems to criminal or juvenile justice agencies. 2 21 The provisions of chapter 141 also do not apply to the 2 22 transmission of the same information from either or both 2 23 information systems to employees of state correctional 2 24 institutions subject to the jurisdiction of the department of 2 25 corrections, employees of secure facilities for juveniles 2 26 subject to the jurisdiction of the department of human 2 27 services, and employees of city and county jails, if those 2 28 employees have direct physical supervision over inmates of 2 29 those facilities or institutions. Human immunodeficiency 2 30 virus-related information shall not be transmitted over the 2 31 police radio broadcasting system under chapter 693 or any 2 32 other radio-based communications system. An employee of an 2 33 agency receiving human immunodeficiency virus-related 2 34 information under this section who communicates the 2 35 information to another employee who does not have direct 3 1 physical supervision over inmates, other than to a supervisor 3 2 of an employee who has direct physical supervision over 3 3 inmates for the purpose of conveying the information to such 3 4 an employee, or who communicates the information to any person 3 5 not employed by the agency or uses the information outside the 3 6 agency is guilty of a class "D" felony. The commissioner 3 7 shall adopt rules regarding the transmission of human 3 8 immunodeficiency virus-related information including 3 9 provisions for maintaining confidentiality of the information. 3 10 The rules shall include a requirement that persons receiving 3 11 information from the Iowa criminal justice information system 3 12 or the national crime information center system receive 3 13 training regarding confidentiality standards applicable to the 3 14 information received from the system. The commissioner shall 3 15 develop and establish, in cooperation with the department of 3 16 corrections and the Iowa department of public health, training 3 17 programs and program criteria for persons receiving human 3 18 immunodeficiency virus-related information through the Iowa 3 19 criminal justice information system or the national crime 3 20 information center system. 3 21 Sec. 5. Section 232.2, subsection 10, Code 1995, is 3 22 amended to read as follows: 3 23 10. "Criminal or juvenile justice agency" means any agency 3 24 which has as its primary responsibility the enforcement of the 3 25 state's criminal laws or of local ordinances made pursuant to 3 26 state law. 3 27 Sec. 6. Section 232.8, subsection 1, Code 1995, is amended 3 28 by adding the following new paragraph: 3 29 NEW PARAGRAPH. c. Violations by a child, age sixteen or 3 30 older, which subject the child to the provisions of section 3 31 124.401, subsection 1, paragraph "e" or "f", or violations of 3 32 section 723A.2 which involve a violation of chapter 724, or 3 33 violation of chapter 724 which constitutes a felony, or 3 34 violations by a child, age sixteen or older, which constitute 3 35 a forcible felony are excluded from the jurisdiction of the 4 1 juvenile court and shall be prosecuted as otherwise provided 4 2 by law unless the court transfers jurisdiction of the child to 4 3 the juvenile court upon motion and for good cause. A child 4 4 over whom jurisdiction has not been transferred to the 4 5 juvenile court, and who is convicted of a violation excluded 4 6 from the jurisdiction of the juvenile court under this 4 7 paragraph, shall be sentenced pursuant to section 124.401B, 4 8 902.9, or 903.1. 4 9 Sec. 7. Section 232.22, subsection 4, unnumbered paragraph 4 10 2, Code 1995, is amended by striking the unnumbered paragraph. 4 11 Sec. 8. Section 232.22, subsection 6, Code 1995, is 4 12 amended to read as follows: 4 13 6.If the court has waived its jurisdiction over the child4 14for the alleged commission of a forcibleNotwithstanding any 4 15 other provisions of this Code, the restrictions contained in 4 16 this section relating to the placement of a child in a 4 17 facility under subsection 2, paragraph "c", apply to all cases 4 18 involving a child, except that once a child has been charged 4 19 with a felony offense in the district court pursuant to 4 20 section 232.8, subsection 1, paragraph "c", 232.45 or 232.45A, 4 21 and there is aseriousrisk that the childmay commit an act4 22which wouldcould inflict serious bodily harm on another 4 23 person, the childmayshall be held in the county jail, 4 24 notwithstanding section 356.3 unless another suitable secure 4 25 facility is available. However, wherever possible the child 4 26 shall be held in sight and sound separation from adult 4 27 offenders. A child held in the county jail under this 4 28 subsection shall have all the rights of adult postarrest or 4 29 pretrial detainees. 4 30 Sec. 9. Section 232.45, subsection 6, paragraph a, Code 4 31 1995, is amended to read as follows: 4 32 a. The child isfourteentwelve years of age or older. 4 33 Sec. 10. Section 232.148, subsections 1 and 2, are amended 4 34 to read as follows: 4 35 1. Except as provided in this section, a child shall not 5 1 be fingerprinted or photographed by a criminal or juvenile 5 2 justice agency after the child is taken into custody. 5 3 2. Fingerprints and photographs of a child who has been 5 4 taken into custody and who is fourteen years of age or older 5 5 may be taken and filed by a criminal or juvenile justice 5 6 agency investigating the commission of a public offense other 5 7 than a simple or serious misdemeanor. The criminal justice 5 8 agency shall forward the fingerprints to the department of 5 9 public safety for inclusion in the automated fingerprint 5 10 identification system.However, unless otherwise authorized5 11pursuant to section 232.45A or 690.4, or as otherwise5 12authorized by law, a criminal history record shall not be5 13created for inclusion in an automated system due to the5 14retention of fingerprints pursuant to this section.5 15 Sec. 11. Section 232.149, subsection 2, Code 1995, is 5 16 amended to read as follows: 5 17 2. Records and files of a criminal justice agency 5 18 concerning a childother than fingerprint and photograph5 19records and files shall not be open to inspection and their5 20contents shall not be disclosed except as provided in this5 21section andinvolved in a delinquent act are public records. 5 22 The records are subject to sealing under section 232.150 5 23 unless the juvenile court waives its jurisdiction over the 5 24 child so that the child may be prosecuted as an adult for a 5 25 public offense. 5 26 Sec. 12. Section 232.149, subsections 3 through 6, Code 5 27 1995, are amended by striking the subsections. 5 28 Sec. 13. Section 331.653, subsection 58, Code 1995, is 5 29 amended to read as follows: 5 30 58. Report information on crimes committed and delinquent 5 31 acts committed and furnish disposition reports on persons 5 32 arrested and juveniles taken into custody and criminal 5 33 complaints or information or juvenile delinquency petitions 5 34 filed in any court as provided in section 692.15. 5 35 Sec. 14. Section 507.10, subsection 4, paragraph b, 6 1 subparagraph (1), unnumbered paragraph 2, Code 1995, is 6 2 amended to read as follows: 6 3 This section does not require the division of insurance to 6 4 disclose any information or records which would indicate or 6 5 show the existence of any investigation or activity of a 6 6 criminal or juvenile justice agency. 6 7 Sec. 15. Section 602.8102, subsection 125, Code 1995, is 6 8 amended to read as follows: 6 9 125. Furnish a disposition of each criminal complaint or 6 10 information or juvenile delinquency petition filed in the 6 11 district or, juvenile court to the department of public safety 6 12 as provided in section 692.15. 6 13 Sec. 16. Section 690.5, unnumbered paragraph 2, Code 1995, 6 14 is amended to read as follows: 6 15 If a criminal or juvenile justice agency subject to 6 16 fingerprinting and disposition requirements fails to comply 6 17 with the requirements, the commissioner of public safety shall 6 18 order that the agency's access to criminal history record 6 19 information maintained by the repository be denied or 6 20 restricted until the agency complies with the reporting 6 21 requirements. 6 22 Sec. 17. Section 692.1, Code 1995, is amended by adding 6 23 the following new subsection before subsection 1 and 6 24 renumbering the subsequent subsection: 6 25 NEW SUBSECTION. 1. "Adjudication data" means information 6 26 that an adjudication of delinquency for an act which would be 6 27 a forcible felony or felony violation of section 124.401, a 6 28 violation of section 723A.2, or a felony violation of chapter 6 29 724 if committed by an adult was entered against a juvenile 6 30 and includes the date and location of the delinquent act and 6 31 the place and court of adjudication. 6 32 Sec. 18. Section 692.1, subsection 5, Code 1995, is 6 33 amended by adding the following new paragraphs: 6 34 NEW PARAGRAPH. e. Adjudication data. 6 35 NEW PARAGRAPH. f. Custody data. 7 1 Sec. 19. Section 692.1, subsection 7, Code 1995, is 7 2 amended to read as follows: 7 3 7. "Criminal or juvenile justice agency" means an agency 7 4 or department of any level of government or an entity wholly 7 5 owned, financed, or controlled by one or more such agencies or 7 6 departments which performs as its principal function the 7 7 apprehension, prosecution, adjudication, incarceration, or 7 8 rehabilitation of criminal or juvenile offenders. 7 9 Sec. 20. Section 692.1, Code 1995, is amended by adding 7 10 the following new subsection: 7 11 NEW SUBSECTION. 7A. "Custody data" means information 7 12 pertaining to the taking into custody, pursuant to section 7 13 232.19, of a juvenile for a delinquent act which would be a 7 14 forcible felony or felony violation of section 124.401, a 7 15 violation of section 723A.2, or a felony violation of chapter 7 16 724 if committed by an adult, and includes the date, time, 7 17 place, and facts and circumstances of the delinquent act. 7 18 Custody data includes warrants for the taking into custody for 7 19 all delinquent acts outstanding and not served and includes 7 20 the filing of a petition pursuant to section 232.35, the date 7 21 and place of the alleged delinquent act, and the county of 7 22 jurisdiction. 7 23 Sec. 21. Section 692.2, subsection 1, paragraph a, Code 7 24 1995, is amended to read as follows: 7 25 a. Criminal or juvenile justice agencies. 7 26 Sec. 22. Section 692.2, subsection 4, Code 1995, is 7 27 amended to read as follows: 7 28 4. The provisions of this section and section 692.3 which 7 29 relate to the requiring of an individually identified request 7 30 prior to the dissemination or redissemination of criminal 7 31 history data do not apply to the furnishing of criminal 7 32 history data to the federal bureau of investigation or to the 7 33 dissemination or redissemination of information that an arrest 7 34 warrant has been or will be issued, and other relevant 7 35 information including, but not limited to, the offense or 8 1 delinquent act and the date and place of alleged commission, 8 2 individually identifying characteristics of the person to be 8 3 arrested or taken into custody, and the court or jurisdiction 8 4 issuing the warrant. 8 5 Sec. 23. Section 692.2, subsection 6, unnumbered paragraph 8 6 2, Code 1995, is amended to read as follows: 8 7 In cases in which members of the department are 8 8 participating in the investigation or arrest, or where 8 9 officers of other criminal or juvenile justice agencies 8 10 participating in the investigation or arrest consent, the 8 11 department may disseminate criminal history data and 8 12 intelligence data when the dissemination complies with section 8 13 692.3. 8 14 Sec. 24. Section 692.3, subsections 1 and 3, Code 1995, 8 15 are amended to read as follows: 8 16 1. A peace officer, criminal or juvenile justice agency, 8 17 or state or federal regulatory agency shall not redisseminate 8 18 criminal history data outside the agency, received from the 8 19 department or bureau, unless all of the following apply: 8 20 a. The data is for official purposes in connection with 8 21 prescribed duties of a criminal or juvenile justice agency. 8 22 b. The agency maintains a list of the persons receiving 8 23 the data and the date and purpose of the dissemination. 8 24 c. The request for data is based upon name, fingerprints, 8 25 or other individual identification characteristics. 8 26 3. A peace officer, criminal or juvenile justice agency, 8 27 or state or federal regulatory agency shall not redisseminate 8 28 intelligence data outside the agency, received from the 8 29 department or bureau or from any other source, except as 8 30 provided in subsection 1. 8 31 Sec. 25. Section 692.4, unnumbered paragraph 1, Code 1995, 8 32 is amended to read as follows: 8 33 The department, bureau, or a criminal or juvenile justice 8 34 agency may compile and disseminate criminal history data in 8 35 the form of statistical reports derived from such information 9 1 or as the basis of further study provided individual 9 2 identities are not ascertainable. 9 3 Sec. 26. Section 692.8, Code 1995, is amended to read as 9 4 follows: 9 5 692.8 INTELLIGENCE DATA. 9 6 Intelligence data contained in the files of the department 9 7 of public safety or a criminal or juvenile justice agency may 9 8 be placed within a computer data storage system, provided that 9 9 access to the computer data storage system is restricted to 9 10 authorized employees of the department or criminal or juvenile 9 11 justice agency. The department shall adopt rules to implement 9 12 this paragraph. 9 13 Intelligence data in the files of the department may be 9 14 disseminated only to a peace officer, criminal or juvenile 9 15 justice agency, or state or federal regulatory agency, and 9 16 only if the department is satisfied that the need to know and 9 17 the intended use are reasonable. Whenever intelligence data 9 18 relating to a defendant or juvenile who is the subject of a 9 19 petition under section 232.35 for the purpose of sentencing or 9 20 adjudication has been provided a court, the court shall inform 9 21 the defendant or juvenile or the defendant's or juvenile's 9 22 attorney that it is in possession of such data and shall, upon 9 23 request of the defendant or juvenile or the defendant's or 9 24 juvenile's attorney, permit examination of such data. 9 25 If the defendant or juvenile disputes the accuracy of the 9 26 intelligence data, the defendant or juvenile shall do so by 9 27 filing an affidavit stating the substance of the disputed data 9 28 and wherein it is inaccurate. If the court finds reasonable 9 29 doubt as to the accuracy of such information, it may require a 9 30 hearing and the examination of witnesses relating thereto on 9 31 or before the time set for sentencing or adjudication. 9 32 Sec. 27. Section 692.9, Code 1995, is amended to read as 9 33 follows: 9 34 692.9 SURVEILLANCE DATA PROHIBITED. 9 35 No surveillance data shall be placed in files or manual or 10 1 automated data storage systems by the department or bureau or 10 2 by any peace officer or criminal or juvenile justice agency. 10 3 Violation of the provisions of this section shall be a public 10 4 offense punishable under section 692.7. 10 5 Sec. 28. Section 692.10, Code 1995, is amended to read as 10 6 follows: 10 7 692.10 RULES. 10 8 The department shall adopt rules designed to assure the 10 9 security and confidentiality of all systems established for 10 10 the exchange of criminal history data and intelligence data 10 11 between criminal or juvenile justice agencies and for the 10 12 authorization of officers or employees to access a department 10 13 or agency computer data storage system in which criminal 10 14 intelligence data is stored. 10 15 Sec. 29. Section 692.11, Code 1995, is amended to read as 10 16 follows: 10 17 692.11 EDUCATION PROGRAM. 10 18 The department shall require an educational program for its 10 19 employees and the employees of criminal or juvenile justice 10 20 agencies on the proper use and control of criminal history 10 21 data and intelligence data. 10 22 Sec. 30. Section 692.12, Code 1995, is amended to read as 10 23 follows: 10 24 692.12 DATA PROCESSING. 10 25 Nothing in this chapter shall preclude the use of the 10 26 equipment and hardware of the data processing service center 10 27 for the storage and retrieval of criminal history data. Files 10 28 shall be stored on the computer in such a manner as the files 10 29 cannot be modified, destroyed, accessed, changed or overlaid 10 30 in any fashion by noncriminal or juvenile justice agency 10 31 terminals or personnel. That portion of any computer, 10 32 electronic switch or manual terminal having access to criminal 10 33 history data stored in the state computer must be under the 10 34 management control of a criminal or juvenile justice agency. 10 35 Sec. 31. Section 692.13, Code 1995, is amended to read as 11 1 follows: 11 2 692.13 REVIEW. 11 3 The department shall initiate periodic review procedures 11 4 designed to determine compliance with the provisions of this 11 5 chapter within the department and by criminal or juvenile 11 6 justice agencies and to determine that data furnished to them 11 7 is factual and accurate. 11 8 Sec. 32. Section 692.14, Code 1995, is amended to read as 11 9 follows: 11 10 692.14 SYSTEMS FOR THE EXCHANGE OF CRIMINAL HISTORY DATA. 11 11 The department shall regulate the participation by all 11 12 state and local agencies in any system for the exchange of 11 13 criminal history data, and shall be responsible for assuring 11 14 the consistency of such participation with the terms and 11 15 purposes of this chapter. 11 16 Direct access to such systems shall be limited to such 11 17 criminal or juvenile justice agencies as are expressly 11 18 designated for that purpose by the department. The department 11 19 shall, with respect to telecommunications terminals employed 11 20 in the dissemination of criminal history data, insure that 11 21 security is provided over an entire terminal or that portion 11 22 actually authorized access to criminal history data. 11 23 Sec. 33. Section 692.15, Code 1995, is amended to read as 11 24 follows: 11 25 692.15 REPORTS TO DEPARTMENT. 11 26 1. If it comes to the attention of a sheriff, police 11 27 department, or other law enforcement agency that a public 11 28 offense or delinquent act has been committed in its 11 29 jurisdiction, the law enforcement agency shall report 11 30 information concerningsuch athe public offense or delinquent 11 31 act to the department on a form to be furnished by the 11 32 department not more than thirty-five days from the time the 11 33 public offense or delinquent act first comes to the attention 11 34 of the law enforcement agency. The reports shall be used to 11 35 generate crime statistics. The department shall submit 12 1 statistics to the governor, the general assembly, and the 12 2 division of criminal and juvenile justice planning of the 12 3 department of human rights on a quarterly and yearly basis. 12 4 2. If a sheriff, police department, or other law 12 5 enforcement agency makes an arrest or takes a juvenile into 12 6 custody which is reported to the department, thearrestinglaw 12 7 enforcement agency making the arrest or taking the juvenile 12 8 into custody and any other law enforcement agency which 12 9 obtains custody of the arrested person or juvenile taken into 12 10 custody shall furnish a disposition report to the department 12 11 if the arrested person or juvenile taken into custody is 12 12 transferred to the custody of another law enforcement agency 12 13 or is released without having a complaint or information or 12 14 petition under section 232.35 filed with any court. 12 15 3. The law enforcement agency making an arrest and 12 16 securing fingerprints pursuant to section 690.2 or taking a 12 17 juvenile into custody and securing fingerprints pursuant to 12 18 section 232.148 shall fill out a final disposition report on 12 19 each arrest on a form and in the manner prescribed by the 12 20 commissioner of public safety. The final disposition report 12 21 shall be forwarded to the county attorney in the county where 12 22 the arrest or taking into custody occurred. 12 23 4. The county attorney of each county shall complete the 12 24 final disposition report and submit it to the department 12 25 within thirty days if a preliminary information or citation is 12 26 dismissed without a new charge being filed. If an indictment 12 27 is returned or a county attorney's information is filed, or a 12 28 petition is filed under section 232.35, the final disposition 12 29 form shall be forwarded to the clerk of the district court of 12 30 that county. 12 31 5. If a criminal complaint or information or petition 12 32 under section 232.35 is filed in any court, the clerk shall 12 33 furnish a disposition report of the case. 12 34 6. Any disposition report shall be sent to the department 12 35 within thirty days after disposition on a form provided by the 13 1 department. 13 2 7. The hate crimes listed in section 729A.2 are subject to 13 3 the reporting requirements of this section. 13 4 Sec. 34. Section 692.16, Code 1995, is amended to read as 13 5 follows: 13 6 692.16 REVIEW AND REMOVAL. 13 7 At least every year the bureau shall review and determine 13 8 current status of all Iowa arrests or takings into custody 13 9 reported, which are at least one year old with no disposition 13 10 data. Any Iowa arrest or taking of a juvenile into custody 13 11 recorded within a computer data storage system which has no 13 12 disposition data after four years shall be removed unless 13 13 there is an outstanding arrest warrant or detainer on such 13 14 charge. 13 15 Sec. 35. Section 692.17, Code 1995, is amended to read as 13 16 follows: 13 17 692.17 EXCLUSIONS &endash; PURPOSES. 13 18 Criminal history data in a computer data storage system 13 19 shall not include arrest or disposition data or custody or 13 20 disposition data after the person has been acquitted or the 13 21 charges dismissed. 13 22 For the purposes of this section, "criminal history data" 13 23 includes information maintained by any criminal or juvenile 13 24 justice agency if the information otherwise meets the 13 25 definition of criminal history data set forth in section 692.1 13 26 and also includes the source documents of the information 13 27 included in the criminal history data and fingerprint records. 13 28 Criminal history data may be collected for management or 13 29 research purposes. 13 30 Sec. 36. Section 692.19, subsection 6, Code 1995, is 13 31 amended to read as follows: 13 32 6. May conduct inquiries and investigations the 13 33 commissioner finds appropriate to achieve the purposes of this 13 34 chapter. Each criminal or juvenile justice agency in this 13 35 state and each state and local agency otherwise authorized 14 1 access to criminal history data is authorized and directed to 14 2 furnish to the commissioner of public safety, upon the 14 3 commissioner's request, statistical data, reports, and other 14 4 information in its possession as the commissioner deems 14 5 necessary to implement this chapter. 14 6 Sec. 37. Section 692.21, Code 1995, is amended to read as 14 7 follows: 14 8 692.21 DATA TOARRESTINGAGENCY MAKING ARREST OR TAKING 14 9 JUVENILE INTO CUSTODY. 14 10 The clerk of the district court shall forward conviction 14 11 and disposition data to the criminal justice agency making the 14 12 arrest or taking a juvenile into custody within thirty days of 14 13 final court disposition of the case. 14 14 Sec. 38. Section 709A.6, subsection 2, Code 1995, is 14 15 amended to read as follows: 14 16 2. It is unlawful for a person to act with, enter into a 14 17 common scheme or design with, conspire with, recruit or use a 14 18 person under the age of eighteen, through threats, monetary 14 19 payment, or other means, to commit an indictable offense for 14 20 the profit of the person acting with, entering into the common 14 21 scheme or design with, conspiring with, recruiting or using 14 22 the juvenile. A person who violates this section commits a 14 23 class"D""C" felony. 14 24 Sec. 39. Section 723A.1, Code 1995, is amended by adding 14 25 the following new paragraph: 14 26 NEW PARAGRAPH. g. An offense constituting a violation of 14 27 chapter 724. 14 28 Sec. 40. NEW SECTION. 723A.3 GANG RECRUITMENT &endash; 14 29 PENALTY. 14 30 1. A person who solicits, recruits, entices, or 14 31 intimidates a minor to join a criminal street gang commits a 14 32 class "C" felony. 14 33 2. A person who conspires to solicit, recruit, entice, or 14 34 intimidate a minor to join a criminal street gang commits a 14 35 class "D" felony. 15 1 Sec. 41. NEW SECTION. 724.4B CARRYING WEAPONS ON SCHOOL 15 2 GROUNDS &endash; PENALTY &endash; EXCEPTIONS. 15 3 1. A person who goes armed with, carries, or transports a 15 4 firearm of any kind, whether concealed or not, on the grounds 15 5 of a school commits a class "D" felony. For the purposes of 15 6 this section, "school" means a public or nonpublic school as 15 7 defined in section 280.2. 15 8 2. Subsection 1 does not apply to the following: 15 9 a. A person listed under section 724.4, subsection 4, 15 10 paragraphs "b" through "f" or "j". 15 11 b. A person who has been specifically authorized by the 15 12 school to go armed, carry, or transport a firearm on the 15 13 school grounds, including for purposes of conducting an 15 14 instructional program regarding firearms. 15 15 Sec. 42. Section 808A.1, subsection 1, paragraph d, Code 15 16 1995, is amended to read as follows: 15 17 d. A school locker, desk, or other facility or space is- 15 18 sued or assigned to, or chosen by, the student for the storage 15 19 of personal belongings of any kind, which the student locks or 15 20 is permitted to lock. School officials may conduct periodic 15 21 inspections of all school lockers.However, the school15 22district shall provide notice to the students, at least15 23twenty-four hours prior to the inspection, of the date and15 24time of the inspection.15 25 Sec. 43. Section 808A.4, Code 1995, is amended to read as 15 26 follows: 15 27 808A.4 EXCLUSION OF EVIDENCE &endash; REPORTING REQUIREMENT. 15 28 Material or evidence obtained directly or indirectly as a 15 29 result of a search conducted in violation of this chapter is 15 30 inadmissible in a criminal proceeding against a student. 15 31 However, a school official shall report to a local law 15 32 enforcement agency any dangerous weapon possessed on school 15 33 premises in violation of school policy or state law. 15 34 Sec. 44. TASK FORCE. A youthful offender jurisdiction 15 35 task force is established to develop a plan for a seamless 16 1 system of shared jurisdiction between courts presiding over 16 2 both juvenile and criminal proceedings. The intent of this 16 3 shared jurisdiction would be to improve sanctions and 16 4 interventions for juveniles who commit serious crimes. 16 5 The membership of the task force shall consist of the 16 6 director of the department of corrections or the director's 16 7 designee, a director of a judicial district department of 16 8 correctional services designated by the governor; the director 16 9 of human services or the director's designee; the 16 10 administrator of the criminal and juvenile justice planning 16 11 division of the department of human rights or the 16 12 administrator's designee; a chief juvenile court officer, a 16 13 judge currently handling primarily juvenile cases, and a judge 16 14 currently handling primarily criminal cases designated by the 16 15 governor in consultation with the chief justice of the supreme 16 16 court; the state public defender or the state public 16 17 defender's designee; and a county attorney designated by the 16 18 governor. 16 19 In developing its plan, the task force shall review the 16 20 youthful offender program plan prepared by the department of 16 21 corrections pursuant to 1990 Iowa Acts, chapter 1239, and the 16 22 provisions for a youthful offender program as proposed in 1992 16 23 Iowa Acts, chapter 1231. The task force's plan shall include 16 24 recommendations to implement policies and procedures that 16 25 allow for the provision of supervision and services to persons 16 26 whose jurisdiction begins in juvenile court, but who, because 16 27 of the nature of their offense and their responsiveness to 16 28 juvenile court dispositions, require services and supervision 16 29 beyond current juvenile court jurisdiction time limits. The 16 30 plan also shall identify the impact of its recommendations on 16 31 the caseloads and resources of the courts, the department of 16 32 human services, the department of corrections, the judicial 16 33 district departments of correctional services, and other 16 34 affected state and local agencies and programs. 16 35 The division of criminal and juvenile justice planning of 17 1 the department of human rights shall convene and coordinate 17 2 the activities of the task force. The task force shall submit 17 3 its plan to the governor and general assembly by October 1, 17 4 1995. 17 5 EXPLANATION 17 6 This bill contains the following provisions: 17 7 Section 22.7 is amended to provide that information 17 8 regarding the facts and circumstances surrounding a delinquent 17 9 act, including the name of the juvenile involved, is a public 17 10 record to the same extent as for an adult involved in a 17 11 criminal act. Section 232.149 is also amended to provide that 17 12 records and files of a criminal justice agency concerning a 17 13 juvenile involved in a delinquent act are public records. 17 14 Section 232.8 is amended to exclude from the jurisdiction 17 15 of the juvenile court a juvenile age 16 or older who commits a 17 16 drug offense involving a firearm or offensive weapon, who 17 17 violates a provision of chapter 724 regarding weapons which is 17 18 punishable as a felony, who engages in certain gang activity, 17 19 or who commits a forcible felony. The juvenile may be 17 20 transferred to the juvenile court if the district court finds 17 21 good cause to do so. A juvenile not transferred to the 17 22 juvenile court shall be tried and punished as an adult. 17 23 Section 232.45, regarding the waiver of juvenile court 17 24 jurisdiction over a juvenile, is amended to lower the minimum 17 25 age for waiver from 14 to 12 years of age. Section 232.22 is 17 26 amended to provide that a juvenile who is waived from juvenile 17 27 court shall be held in the county jail unless another secure 17 28 facility is available. 17 29 Information concerning the taking of a juvenile into 17 30 custody and the adjudication of a juvenile as a delinquent for 17 31 certain offenses are added to the criminal history and 17 32 intelligence data collected under chapter 692. 17 33 Section 709A.6 is amended to make the penalty for using or 17 34 conspiring to use a juvenile in criminal activity a class "C" 17 35 felony instead of a class "D" felony. 18 1 Chapter 723A, regarding gang activities, is amended to add 18 2 violations of chapter 724 regarding weapons to the definition 18 3 of criminal acts, and to add a class "C" felony for 18 4 recruiting, enticing, or intimidating a juvenile into joining 18 5 a criminal street gang and a class "D" felony for conspiring 18 6 to do the same. 18 7 A new section is also added to chapter 724 making it a 18 8 class "D" felony for going armed with, carrying, or 18 9 transporting a firearm on the grounds of a public or nonpublic 18 10 school. Exemptions are provided for peace and corrections 18 11 officers, military personnel, persons transporting firearms in 18 12 closed and locked containers or inside the cargo or luggage 18 13 compartments of motor vehicles, law enforcement personnel from 18 14 other states, and persons specifically authorized by the 18 15 school to have a firearm on the grounds of the school, 18 16 including for instructional purposes. 18 17 The requirement in section 808A.1 requiring students to be 18 18 provided at least 24 hours' notice before a search by school 18 19 officials of all the students' lockers is eliminated. Also, 18 20 school officials are required to notify a local law 18 21 enforcement agency if a dangerous weapon is possessed on 18 22 school premises in violation of school policy or state law. 18 23 The bill also establishes a task force to develop a plan 18 24 for shared jurisdiction between the juvenile justice system 18 25 and the adult justice system. The task force will be composed 18 26 of judges, corrections officials, the state public defender, 18 27 and a county attorney, and be convened by the division of 18 28 criminal and juvenile justice planning of the department of 18 29 human rights. The task force will report to the governor and 18 30 general assembly by October 1, 1995. 18 31 The bill may contain a state mandate under chapter 25B. 18 32 LSB 1588XL 76 18 33 mk/sc/14.2
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