Text: HSB00595 Text: HSB00597 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 232.19, Code 1995, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 4. Information pertaining to a child 1 4 taken into custody for a delinquent act which would be a 1 5 serious or aggravated misdemeanor or a felony is a public 1 6 record and shall not be confidential under section 232.147. 1 7 Sec. 2. Section 232.28, subsection 10, Code Supplement 1 8 1995, is amended to read as follows: 1 9 10. A complaint filed with the court or its designee 1 10 pursuant to this section which alleges that a child has 1 11 committed a delinquent act which if committed by an adult 1 12 would beana serious or aggravated misdemeanor or a felony 1 13shall beis a public record and shall not be confidential 1 14 under section 232.147. The court, its designee, or law 1 15 enforcement officials are authorized to release the complaint, 1 16 including the identity of the child named in the complaint. 1 17 Sec. 3. Section 232.149, subsection 2, Code Supplement 1 18 1995, is amended to read as follows: 1 19 2. Records and files of a criminal or juvenile justice 1 20 agency concerning a child involved in a delinquent act are 1 21 public records, except that a criminal or juvenile justice 1 22 agency shallnotonly releasethe name of a child untila 1 23 complaintis filedpursuant to section 232.28 and criminal 1 24 history data is subject to the provisions of chapter 692. The 1 25 records are subject to sealing under section 232.150 unless 1 26 the juvenile court waives its jurisdiction over the child so 1 27 that the child may be prosecuted as an adult for a public 1 28 offense. 1 29 Sec. 4. Section 331.653, subsection 58, Code Supplement 1 30 1995, is amended to read as follows: 1 31 58. Report information on crimes committed and delinquent 1 32 acts committed, which would beana serious or aggravated 1 33 misdemeanor or felony if committed by an adult, and furnish 1 34 disposition reports on persons arrested and juveniles taken 1 35 into custody, for a delinquent act which would beana serious 2 1 or aggravated misdemeanor or felony if committed by an adult, 2 2 and criminal complaints or information or juvenile delinquency 2 3 petitions, alleging a delinquent act which would beana 2 4 serious or aggravated misdemeanor or felony if committed by an 2 5 adult, filed in any court as provided in section 692.15. 2 6 Sec. 5. Section 602.8102, subsection 125, Code Supplement 2 7 1995, is amended to read as follows: 2 8 125. Furnish a disposition of each criminal complaint or 2 9 information or juvenile delinquency petition, alleging a 2 10 delinquent act which would beana serious or aggravated 2 11 misdemeanor or felony if committed by an adult, filed in the 2 12 district or juvenile court to the department of public safety 2 13 as provided in section 692.15. 2 14 Sec. 6. Section 692.1, subsections 1 and 9, Code 2 15 Supplement 1995, are amended to read as follows: 2 16 1. "Adjudication data" means information that an 2 17 adjudication of delinquency for an act which would beana 2 18 serious or aggravated misdemeanor or felony if committed by an 2 19 adult was entered against a juvenile and includes the date and 2 20 location of the delinquent act and the place and court of 2 21 adjudication. 2 22 9. "Custody data" means information pertaining to the 2 23 taking into custody, pursuant to section 232.19, of a juvenile 2 24 for a delinquent act which would beana serious or aggravated 2 25 misdemeanor or felony if committed by an adult, and includes 2 26 the date, time, place, and facts and circumstances of the 2 27 delinquent act. Custody data includes warrants for the taking 2 28 into custody for all delinquent acts outstanding and not 2 29 served and includes the filing of a petition pursuant to 2 30 section 232.35, the date and place of the alleged delinquent 2 31 act, and the county of jurisdiction. 2 32 EXPLANATION 2 33 The bill provides that the name of a juvenile taken into 2 34 custody for a delinquent act which would be a serious or 2 35 aggravated misdemeanor or felony is a public record at the 3 1 point the juvenile is taken into custody. The bill also 3 2 provides that a complaint alleging the commission of a 3 3 delinquent act by a juvenile is a public record if the 3 4 delinquent act alleged is a serious misdemeanor or greater. 3 5 Currently, the delinquent act must be an aggravated 3 6 misdemeanor or greater for the complaint to be a public 3 7 record. 3 8 This bill further provides that criminal history data 3 9 regarding juveniles shall be maintained by the department of 3 10 public safety if the juvenile is adjudicated delinquent of a 3 11 serious misdemeanor or greater. Currently, criminal history 3 12 data is maintained only for juveniles adjudicated delinquent 3 13 for aggravated misdemeanors or felonies. 3 14 LSB 3723XL 76 3 15 mk/jj/8
Text: HSB00595 Text: HSB00597 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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