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1 1 Section 1. Section 232.28, Code Supplement 1995, is
1 2 amended by adding the following new subsection:
1 3 NEW SUBSECTION. 11. If a complaint is filed under this
1 4 section, alleging a child has committed a delinquent act, the
1 5 alleged victim may file a signed victim impact statement with
1 6 the juvenile court containing the information specified for a
1 7 victim impact statement under section 910A.5. The victim
1 8 impact statement shall be considered by the court and the
1 9 juvenile court officer handling the complaint in any
1 10 proceeding or informal adjustment associated with the
1 11 complaint.
1 12 Sec. 2. NEW SECTION. 232.28A VICTIM RIGHTS.
1 13 1. If a complaint is filed alleging that a child has
1 14 committed a delinquent act, the alleged victim, as defined in
1 15 section 910A.1, has all of the following rights:
1 16 a. To be notified of the names and addresses of the child
1 17 and of the child's custodial parent or guardian.
1 18 b. To be notified of the specific charge or charges filed
1 19 in a petition resulting from the complaint and regarding any
1 20 dispositional orders or informal adjustments.
1 21 c. To be informed of the person's rights to restitution
1 22 under section 232.52 and chapter 232A.
1 23 d. To be notified of the person's right to offer a victim
1 24 impact statement under sections 232.28 and 910A.5.
1 25 e. To be informed of the availability of assistance
1 26 through the crime victim compensation program under chapter
1 27 912.
1 28 2. The notification of the alleged victim shall be made by
1 29 a juvenile court officer. The juvenile court and the county
1 30 attorney shall coordinate efforts so as to prevent a
1 31 notification under this section from duplicating a
1 32 notification by the county attorney under section 910A.6.
1 33 Sec. 3. Section 232.147, Code Supplement 1995, is amended
1 34 by adding the following new subsection:
1 35 NEW SUBSECTION. 9. Release of official juvenile court
2 1 records to a victim of a delinquent act are subject to the
2 2 provisions of section 232.28A, notwithstanding contrary
2 3 provisions of this chapter.
2 4 Sec. 4. Section 910A.5, Code 1995, is amended by adding
2 5 the following new unnumbered paragraph:
2 6 NEW UNNUMBERED PARAGRAPH. If a complaint is filed under
2 7 section 232.28, alleging a child has committed a delinquent
2 8 act, the alleged victim may file a signed victim impact
2 9 statement with the juvenile court as provided by section
2 10 232.28. The victim impact statement shall be considered by
2 11 the court and the juvenile court officer handling the
2 12 complaint in any proceeding or informal adjustment associated
2 13 with the complaint.
2 14 EXPLANATION
2 15 This bill requires the juvenile court to provide a victim
2 16 of a delinquent act with notification of various rights and
2 17 services connected with the delinquent act.
2 18 Sections 232.28 and 910A.5 are amended to allow a victim of
2 19 an alleged delinquent act for which a complaint is filed to
2 20 file a victim impact statement with the juvenile court. The
2 21 statement is to be considered by the court and the juvenile
2 22 court officer handling the complaint in any proceeding or
2 23 informal adjustment associated with the complaint.
2 24 New section 232.28A provides that if a complaint is filed
2 25 alleging that a child has committed a delinquent act, the
2 26 victim of the delinquent act has a right to be notified of the
2 27 following information: the names and addresses of the child
2 28 and the child's custodial parent, the charges filed in any
2 29 petition resulting from the complaint, the informal or formal
2 30 disposition of the complaint, the person's right to
2 31 restitution, the person's right to offer a victim impact
2 32 statement, and assistance available to the victim under
2 33 chapter 912, the crime victim compensation chapter.
2 34 Notification of the person shall be made by a juvenile court
2 35 officer. The juvenile court and the county attorney are to
3 1 coordinate efforts to prevent duplication with the county
3 2 attorney's notification of a victim of certain information
3 3 under section 910A.6 in the victim and witness protection
3 4 chapter.
3 5 Section 232.147, relating to the confidentiality of
3 6 juvenile court records, provides for the release of
3 7 information in juvenile court records to the victim of a
3 8 delinquent act as provided in new section 232.28A.
3 9 LSB 3720SV 76
3 10 jp/jj/8
Text: SF02429 Text: SF02431 Text: SF02400 - SF02499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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