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Senate File 2113

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 232.22, subsection 6, Code Supplement
  1  2 1995, is amended to read as follows:
  1  3    6.  If the court has waived its jurisdiction over the child
  1  4 for the alleged commission of a forcible felony offense
  1  5 pursuant to section 232.45 or 232.45A, and there is a serious
  1  6 risk that the child may commit an act which would inflict
  1  7 serious bodily harm on another person, the child may be held
  1  8 in the county jail, notwithstanding section 356.3.  However,
  1  9 wherever possible the child shall be held in sight and sound
  1 10 separation from adult offenders.  A child held in the county
  1 11 jail under this subsection shall have all the rights of adult
  1 12 postarrest or pretrial detainees.
  1 13    Sec. 2.  Section 356.3, Code 1995, is amended to read as
  1 14 follows:
  1 15    356.3  MINORS SEPARATELY CONFINED.
  1 16    Any sheriff, city marshal, or chief of police, having in
  1 17 the officer's care or custody any prisoner person under the
  1 18 age of eighteen years who has not been waived to criminal
  1 19 court for the alleged commission of a forcible felony, shall
  1 20 keep such prisoner separate and apart, and prevent
  1 21 communication by such prisoner with prisoners above that age,
  1 22 while such prisoners are not under the personal supervision of
  1 23 such officer, if suitable buildings or jails are provided for
  1 24 that purpose, unless such prisoner is likely to or does
  1 25 exercise an immoral influence over other minors with whom the
  1 26 prisoner may be imprisoned.
  1 27    A person under the age of eighteen years prosecuted under
  1 28 chapter 232 and not waived to criminal court shall be confined
  1 29 confine the person in a jail only under the conditions
  1 30 provided in chapter 232 section 232.22.
  1 31    A person under the age of eighteen years who has been
  1 32 waived to criminal court may be confined in a jail in
  1 33 accordance with section 232.22, subsection 6.
  1 34    Any officer having charge of prisoners who without just
  1 35 cause or excuse neglects or refuses to perform the duties
  2  1 imposed on the officer by this section may be suspended or
  2  2 removed from office therefor.  
  2  3                           EXPLANATION
  2  4    The bill provides that juveniles waived to adult court for
  2  5 the alleged commission of a forcible felony may be held with
  2  6 the general jail population.  
  2  7 LSB 3571XS 76
  2  8 mk/sc/14
     
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