Text: SF02178 Text: SF02180 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 123.47B, Code Supplement 1995, is 1 2 amended to read as follows: 1 3 123.47B PARENTAL AND SCHOOL NOTIFICATION &endash; PERSONS UNDER 1 4 EIGHTEEN YEARS OF AGE. 1 5 A peace officer shall make a reasonable effort to identify 1 6 a person under the age of eighteen discovered to be in 1 7 possession of alcoholic liquor, wine, or beer in violation of 1 8 section 123.47 and if the person is not referred to juvenile 1 9 court, the law enforcement agency of which the peace officer 1 10 is an employee shall make a reasonable attempt to notify the 1 11 person's custodial parent or legal guardian of such 1 12 possession, whether or not the person is arrested or a 1 13 citation is issued pursuant to section 805.16, unless the 1 14 officer has reasonable grounds to believe that such 1 15 notification is not in the best interests of the person or 1 16 will endanger that person.If the person is taken into1 17custody, theThe peace officer shall also notify a juvenile 1 18 court officer who shall make a reasonable effort to identify 1 19 the elementary or secondary school the person attends, if any, 1 20 and to notify the superintendent of the school district or the 1 21 superintendent's designee, or the authorities in charge of the 1 22 nonpublic school of thetaking into custodyviolation of 1 23 section 123.47. A reasonable attempt to notify the person 1 24 includes but is not limited to a telephone call or notice by 1 25 first-class mail. 1 26 Sec. 2. Section 124.415, Code Supplement 1995, is amended 1 27 to read as follows: 1 28 124.415 PARENTAL AND SCHOOL NOTIFICATION &endash; PERSONS UNDER 1 29 EIGHTEEN YEARS OF AGE. 1 30 A peace officer shall make a reasonable effort to identify 1 31 a person under the age of eighteen discovered to be in 1 32 possession of a controlled substance, counterfeit substance, 1 33 or simulated controlled substance in violation of this 1 34 chapter, and if the person is not referred to juvenile court, 1 35 the law enforcement agency of which the peace officer is an 2 1 employee shall make a reasonable attempt to notify the 2 2 person's custodial parent or legal guardian of such 2 3 possession, whether or not the person is arrested, unless the 2 4 officer has reasonable grounds to believe that such 2 5 notification is not in the best interests of the person or 2 6 will endanger that person.If the person is taken into2 7custody, theThe peace officer shall also notify a juvenile 2 8 court officer who shall make a reasonable effort to identify 2 9 the elementary or secondary school the person attends, if any, 2 10 and to notify the superintendent of the school district, the 2 11 superintendent's designee, or the authorities in charge of the 2 12 nonpublic school of thetaking into custodypossession by the 2 13 person under the age of eighteen. A reasonable attempt to 2 14 notify the person includes but is not limited to a telephone 2 15 call or notice by first-class mail. 2 16 Sec. 3. NEW SECTION. 232.23 NOTIFICATION OF ESCAPE FROM 2 17 DETENTION. 2 18 Law enforcement officials may release the name, alleged 2 19 delinquent act committed, and other facts and circumstances 2 20 surrounding the escape of a child from a detention facility in 2 21 which the child was ordered to be held by the court. Law 2 22 enforcement officials may also release information regarding a 2 23 child who is the subject of an order by the juvenile court to 2 24 take the child into custody or an arrest warrant for the 2 25 alleged commission of a felony, including the name and 2 26 description of the child and the immediate facts and 2 27 circumstances surrounding the felony alleged to have been 2 28 committed by the child. 2 29 Sec. 4. NEW SECTION. 232.38A PRESENCE OF VICTIM AT 2 30 HEARINGS. 2 31 1. The victim of the delinquent act shall be provided 2 32 notice and the opportunity to attend all hearings under this 2 33 division. 2 34 2. At the dispositional hearing under section 232.50, the 2 35 victim shall be allowed to make a statement to the court. 3 1 EXPLANATION 3 2 This bill provides that public and private school officials 3 3 are to be notified by a juvenile court officer that a juvenile 3 4 has been discovered in possession of alcohol or drugs, even if 3 5 the juvenile is not taken into custody. Current law requires 3 6 school notification only when the juvenile is taken into 3 7 custody. 3 8 The bill provides for the release of information regarding 3 9 a juvenile who has escaped from court-ordered detention, 3 10 including the offense for which the juvenile was in detention, 3 11 and other facts and circumstances surrounding the escape. Law 3 12 enforcement officials may also release information regarding a 3 13 juvenile who is the subject of an arrest warrant for the 3 14 alleged commission of a felony, including the name of the 3 15 juvenile and the facts and circumstances requiring the 3 16 issuance of the arrest warrant. 3 17 The bill also provides the victim of a delinquent act the 3 18 opportunity to attend delinquency adjudication hearings and 3 19 the right to make a statement to the juvenile court at the 3 20 dispositional hearing after the juvenile has been adjudicated 3 21 delinquent. 3 22 LSB 3504XS 76 3 23 mk/jw/5.1
Text: SF02178 Text: SF02180 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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