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