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PAG LIN 1 1 Section 1. Section 232.8, subsection 1, paragraph c, Code 1 2 Supplement 1995, is amended to read as follows: 1 3 c. Violations by a child, age sixteen or older, which 1 4 subject the child to the provisions of section 124.401, 1 5 subsection 1, paragraph "e" or "f", or violations of section 1 6 723A.2 which involve a violation of chapter 724, or violation 1 7 of chapter 724 which constitutes a felony, or violations which 1 8 constitute a forcible felony are excluded from the 1 9 jurisdiction of the juvenile court and shall be prosecuted as 1 10 otherwise provided by law unless the court transfers 1 11 jurisdiction of the child to the juvenile court upon motion 1 12 and for good cause. A child over whom jurisdiction has not 1 13 been transferred to the juvenile court, and who is convicted 1 14 of a violation excluded from the jurisdiction of the juvenile 1 15 court under this paragraph, shall be sentenced pursuant to 1 16 section 124.401B, 902.9, or 903.1. Notwithstanding any other 1 17 provision of the Code to the contrary, the court may accept 1 18 from a child a plea of guilty, or may instruct the jury on a 1 19 lesser included offense to the offense excluded from the 1 20 jurisdiction of the juvenile court under this section in the 1 21 same manner as regarding an adult. 1 22 Sec. 2. Section 232.52, subsection 2, paragraph d, Code 1 23 Supplement 1995, is amended by adding the following new 1 24 subparagraph: 1 25 NEW SUBPARAGRAPH. (4) The chief juvenile court officer or 1 26 the officer's designee for placement in a program under 1 27 section 232.191, subsection 4. The chief juvenile court 1 28 officer or the officer's designee may place a child in group 1 29 foster care for failure to comply with the terms and 1 30 conditions of the supervised community treatment program for 1 31 up to seventy-two hours without notice to the court or for 1 32 more than seventy-two hours if the court is notified of the 1 33 placement within seventy-two hours of placement, subject to a 1 34 hearing before the court on the placement within ten days. 1 35 Sec. 3. Section 236.8, Code Supplement 1995, is amended to 2 1 read as follows: 2 2 236.8 VIOLATION OF ORDER – CONTEMPT – PENALTIES – 2 3 HEARINGS. 2 4 A person commits a simple misdemeanor or the court may hold 2 5 a person in contempt for a violation of an order or court- 2 6 approved consent agreement entered under this chapter, for 2 7 violation of a temporary or permanent protective order or 2 8 order to vacate the homestead under chapter 598,orfor 2 9 violation of any order that establishes conditions of release 2 10 or is a protective order or sentencing order in a criminal 2 11 prosecution arising from a domestic abuse assault, or for 2 12 violation by an adult of a protective order under chapter 232. 2 13 If convicted or held in contempt, the defendant shall serve a 2 14 jail sentence. Any jail sentence of more than one day imposed 2 15 under this section shall be served on consecutive days. A 2 16 defendant who is held in contempt or convicted may be ordered 2 17 by the court to pay the plaintiff's attorneys fees and court 2 18 costs incurred in the proceedings under this section. 2 19 A hearing in a contempt proceeding brought pursuant to this 2 20 section shall be held not less than five and not more than 2 21 fifteen days after the issuance of a rule to show cause, as 2 22 set by the court. 2 23 A person shall not be convicted of and held in contempt for 2 24 the same violation of an order or court-approved consent 2 25 agreement entered under this chapter, for the same violation 2 26 of a temporary or permanent protective order or order to 2 27 vacate the homestead under chapter 598,orfor violation of 2 28 any order that establishes conditions of release or is a 2 29 protective order or sentencing order in a criminal prosecution 2 30 arising from a domestic abuse assault, or for violation of a 2 31 protective order under chapter 232. 2 32 Sec. 4. Section 236.11, unnumbered paragraphs 1 and 2, 2 33 Code 1995, are amended to read as follows: 2 34 A peace officer shall use every reasonable means to enforce 2 35 an order or court-approved consent agreement entered under 3 1 this chapter, a temporary or permanent protective order or 3 2 order to vacate the homestead under chapter 598,or anyan 3 3 order that establishes conditions of release or is a 3 4 protective order or sentencing order in a criminal prosecution 3 5 arising from a domestic abuse assault, or a protective order 3 6 under chapter 232. If a peace officer has reason to believe 3 7 that domestic abuse has occurred, the peace officer shall ask 3 8 the abused person if any prior orders exist, and shall contact 3 9 the twenty-four hour dispatcher to inquire if any prior orders 3 10 exist. If a peace officer has probable cause to believe that 3 11 a person has violated an order or approved consent agreement 3 12 entered under this chapter, a temporary or permanent 3 13 protective order or order to vacate the homestead under 3 14 chapter 598,or anyan order establishing conditions of 3 15 release or a protective or sentencing order in a criminal 3 16 prosecution arising from a domestic abuse assault, or, if the 3 17 person is an adult, a violation of a protective order under 3 18 chapter 232, the peace officer shall take the person into 3 19 custody and shall take the person without unnecessary delay 3 20 before the nearest or most accessible magistrate in the 3 21 judicial district in which the person was taken into custody. 3 22 The magistrate shall make an initial preliminary determination 3 23 whether there is probable cause to believe that an order or 3 24 consent agreement existed and that the person taken into 3 25 custody has violated its terms. The magistrate's decision 3 26 shall be entered in the record. 3 27 If a peace officer has probable cause to believe that a 3 28 person has violated an order or approved consent agreement 3 29 entered under this chapter, a temporary or permanent 3 30 protective order or order to vacate the homestead under 3 31 chapter 598,or anyan order establishing conditions of 3 32 release or a protective or sentencing order in a criminal 3 33 prosecution arising from a domestic abuse assault, or a 3 34 protective order under chapter 232, and the peace officer is 3 35 unable to take the person into custody within twenty-four 4 1 hours of making the probable cause determination, the peace 4 2 officer shall either request a magistrate to make a 4 3 determination as to whether a rule to show cause or arrest 4 4 warrant should be issued, or refer the matter to the county 4 5 attorney. 4 6 Sec. 5. Section 602.7103, subsection 2, Code 1995, is 4 7 amended to read as follows: 4 8 2. The associate juvenile judge shall have the same 4 9 jurisdiction to conduct juvenile court proceedings, to issue 4 10 warrants, nontestimonial identification orders, and contempt 4 11 arrest warrants for adults in juvenile court proceedings, and 4 12 to issue orders, findings, and decisions as the judge of the 4 13 juvenile court, except that the associate juvenile judge shall4 14not issue warrants. However, the appointing judge may limit 4 15 the exercise of juvenile court jurisdiction by the associate 4 16 juvenile judge. 4 17 Sec. 6. Section 665.4, subsections 2 and 3, Code 1995, are 4 18 amended to read as follows: 4 19 2. Before district judges,anddistrict associate judges, 4 20 and associate juvenile judges by a fine not exceeding five 4 21 hundred dollars or imprisonment in a county jail not exceeding 4 22 six months or by both such fine and imprisonment. 4 23 3. Before judicial magistratesand juvenile court4 24referees, by a fine not exceeding one hundred dollars or 4 25 imprisonment in a county jail not exceeding thirty days. 4 26 Sec. 7. Section 692A.2, subsection 1, Code Supplement 4 27 1995, is amended to read as follows: 4 28 1. A person who has been convicted of either a criminal 4 29 offense against a minor, sexual exploitation, or a sexually 4 30 violent offense shall register as provided in this chapter for 4 31 a period of ten years commencing from the date of placement on 4 32 probation, parole, work release, release from foster care or 4 33 residential treatment, or other release from custody. A 4 34 person is not required to register while incarcerated, in 4 35 foster care, or in a residential treatment program. A person 5 1 who is convicted, as defined in section 692A.1, of either a 5 2 criminal offense against a minor or a sexually violent offense 5 3 as a result of adjudication of delinquency in juvenile court 5 4 shall not be required to register as required in this chapter 5 5 if the juvenile court finds that the person should not be 5 6 required to register under this chapter. If a person is 5 7 placed on probation, parole, or work release and the 5 8 probation, parole, or work release is revoked, the ten years 5 9 shall commence anew upon release from custody. 5 10 Sec. 8. Section 692A.5, subsection 1, unnumbered paragraph 5 11 1, Code Supplement 1995, is amended to read as follows: 5 12 When a person who is required to register under this 5 13 chapter is released from confinement from a jail, prison, 5 14 juvenile facility, or other correctional institution or 5 15 facility, or when such a person is convicted but not 5 16 incarcerated, the sheriff, warden, or superintendent or, in 5 17 the case of release from foster care or residential treatment 5 18 or conviction without incarceration, the court shall do the 5 19 following prior to release or sentencing of the convicted 5 20 person: 5 21 Sec. 9. Section 692A.5, subsection 2, Code Supplement 5 22 1995, is amended to read as follows: 5 23 2. When a person who is required to register under this 5 24 chapter is released from confinement from a jail, prison, 5 25 juvenile facility, or other correctional institution or 5 26 facility, or when such a person is convicted but not 5 27 incarcerated, the sheriff, warden, or superintendent or, in 5 28 the case of release from foster care or residential treatment 5 29 or conviction without incarceration, the court shall verify 5 30 that the person has completed initial registration forms, and 5 31 accept the forms on behalf of the sheriff of the county of 5 32 registration. The sheriff, warden, superintendent, or the 5 33 court shall send the initial registration information to the 5 34 department within three working days of completion of the 5 35 registration. Probation, parole, work release, or any other 6 1 form of release after conviction shall not be granted unless 6 2 the person has registered as required under this chapter. 6 3 Sec. 10. Section 723A.1, subsection 1, Code Supplement 6 4 1995, is amended by adding the following new paragraph: 6 5 NEW PARAGRAPH. h. Brandishing a dangerous weapon. For 6 6 purposes of this paragraph: 6 7 (1) "Brandishing a dangerous weapon" means the display or 6 8 exhibition of a dangerous weapon, with the intent to use, 6 9 intimidate, or threaten another person without justification, 6 10 or the actual use of the dangerous weapon in a manner which is 6 11 intended to or does cause serious injury or death without 6 12 justification. 6 13 (2) "Dangerous weapon" means either of the following: 6 14 (a) An instrument or device designed primarily for use in 6 15 inflicting death or injury upon a human being or animal, and 6 16 that is capable of inflicting death upon a human being when 6 17 used in the manner for which it was designed. 6 18 (b) An instrument or device of any sort whatsoever that is 6 19 actually used in a manner that indicates the defendant intends 6 20 to inflict death or serious injury upon another person without 6 21 justification, and that, when so used, is capable of 6 22 inflicting death or serious injury upon a human being. 6 23 SF 2420 6 24 mk/cc/26
Text: SF02419 Text: SF02421 Text: SF02400 - SF02499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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