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Text: S03197                            Text: S03199
Text: S03100 - S03199                   Text: S Index
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Senate Amendment 3198

Amendment Text

PAG LIN
  1  1    Amend Senate File 367 as follows:
  1  2    #1.  Page 1, by inserting after line 19 the
  1  3 following:
  1  4    "Sec.    .  Section 232.8, subsection 1, Code 1995,
  1  5 is amended by adding the following new paragraph:
  1  6    NEW PARAGRAPH.  c.  Violations by a child of
  1  7 section 708.2A are excluded from the jurisdiction of
  1  8 the juvenile court, subject to being transferred to
  1  9 juvenile court under section 803.6."
  1 10    #2.  Page 6, by inserting after line 24 the
  1 11 following:
  1 12    "Sec.    .  NEW SECTION.  236.21  MUTUAL PROTECTIVE
  1 13 ORDERS PROHIBITED &endash; EXCEPTIONS.
  1 14    A court in an action under this chapter shall not
  1 15 issue mutual protective orders against the victim and
  1 16 the abuser unless both file a petition requesting a
  1 17 protective order."
  1 18    #3.  Page 9, by inserting after line 19 the
  1 19 following:
  1 20    "Sec.    .  NEW SECTION.  803.6  TRANSFER OF
  1 21 JURISDICTION &endash; JUVENILE.
  1 22    1.  The court, in the case of a juvenile who is
  1 23 alleged to have committed the criminal offense listed
  1 24 in section 232.8, subsection 1, paragraph "c", may
  1 25 direct a juvenile court officer to provide a report
  1 26 regarding whether the child should be transferred to
  1 27 juvenile court for adjudication and disposition as a
  1 28 juvenile.
  1 29    2.  If the court believes that transfer may be
  1 30 appropriate the court shall hold a hearing on whether
  1 31 the child should be transferred.  A notice of the time
  1 32 and place of the transfer hearing shall be given to
  1 33 all parties to the case.  Prior to the hearing, the
  1 34 court shall provide the defendant's counsel and the
  1 35 county attorney with access to the report provided by
  1 36 the juvenile court officer and to all written material
  1 37 to be considered by the court.
  1 38    3.  After the hearing, the court may transfer
  1 39 jurisdiction to the juvenile court if the court
  1 40 determines that waiver to the criminal court would be
  1 41 inappropriate under the criteria set forth in section
  1 42 232.45, subsection 6, paragraph "c", and section
  1 43 232.45, subsection 7.
  1 44    4.  If after the hearing the court transfers
  1 45 jurisdiction over the defendant to the juvenile court
  1 46 for the alleged commission of the public offense, the
  1 47 court shall forward the transfer order together with
  1 48 all papers, documents, and a transcript of all
  1 49 testimony filed or admitted into evidence in
  1 50 connection with the case to the clerk of the juvenile
  2  1 court in the same manner as provided in section 232.8,
  2  2 subsection 2."
  2  3    #4.  Page 9, by inserting after line 31 the
  2  4 following:
  2  5    "Sec.    .  The commissioner of insurance shall
  2  6 evaluate model legislation which will be proposed by
  2  7 the national association of insurance commissioners
  2  8 regarding using domestic abuse as a factor in
  2  9 determining whether a person shall be offered
  2 10 insurance coverage and make recommendations to the
  2 11 general assembly regarding adopting the model
  2 12 legislation." 
  2 13 
  2 14 
  2 15                              
  2 16 ELAINE SZYMONIAK
  2 17 SF 367.302 76
  2 18 mk/cf
     

Text: S03197                            Text: S03199
Text: S03100 - S03199                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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