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PAG LIN 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 232A.4, Code 1995, is amended to read as 2 5 follows: 2 6 232A.4 RESTITUTION FOR DELINQUENT ACTS. 2 7 If a judge of a juvenile court finds that a juvenile has 2 8 committed a delinquent actand requiresthe judge shall order 2 9 the juvenile tocompensatemake restitution to the victim of 2 10 that act for losses due to the delinquent act of the juvenile,2 11the. The juvenile shall makesuchthe restitution according 2 12 to a schedule established by the judge from funds earned by 2 13 the juvenile pursuant to employment engaged in by the juvenile 2 14 at the time of disposition. If a juvenile enters into an 2 15 informal adjustment agreement pursuant to section 232.29 to 2 16 makesuchthe restitution, the juvenile shall makesuchthe 2 17 restitution according to a schedule which shall be a part of 2 18 the informal adjustment agreement. The restitution shall be 2 19 made under the direction of a juvenile court officer working 2 20 under the direction of the juvenile court. In those counties 2 21 where the county maintains an office to provide juvenile 2 22 victim restitution services, the juvenile court officer may 2 23 use that office's services. If the juvenile is not employed, 2 24 the juvenile's juvenile court officer shall make a reasonable 2 25 effort to find private or other public employment for the 2 26 juvenile. However, if the juvenile offender does not have 2 27 employment at the time of disposition and private or other 2 28 public employment is not obtained despite the efforts of the 2 29 juvenile's juvenile court officer, the judge may direct the 2 30 juvenile offender to perform work pursuant to section 232.52, 2 31 subsection 2, paragraph "a", and arrange for compensation of 2 32 the juvenile in the manner provided for under the program 2 33 established pursuant to this chapter. 2 34 Sec. 5. Section 910A.5, Code 1995, is amended by adding 2 35 the following new unnumbered paragraph: 3 1 NEW UNNUMBERED PARAGRAPH. If a complaint is filed under 3 2 section 232.28, alleging a child has committed a delinquent 3 3 act, the alleged victim may file a signed victim impact 3 4 statement with the juvenile court as provided by section 3 5 232.28. The victim impact statement shall be considered by 3 6 the court and the juvenile court officer handling the 3 7 complaint in any proceeding or informal adjustment associated 3 8 with the complaint. 3 9 EXPLANATION 3 10 This bill requires the juvenile court to provide a victim 3 11 of a delinquent act with notification of various rights and 3 12 services connected with the delinquent act. 3 13 Sections 232.28 and 910A.5 are amended to allow a victim of 3 14 an alleged delinquent act for which a complaint is filed to 3 15 file a victim impact statement with the juvenile court. The 3 16 statement is to be considered by the court and the juvenile 3 17 court officer handling the complaint in any proceeding or 3 18 informal adjustment associated with the complaint. 3 19 New section 232.28A provides that if a complaint is filed 3 20 alleging that a child has committed a delinquent act, the 3 21 victim of the delinquent act has a right to be notified of the 3 22 following information: the names and addresses of the child 3 23 and the child's custodial parent, the charges filed in any 3 24 petition resulting from the complaint, the informal or formal 3 25 disposition of the complaint, the person's right to 3 26 restitution, the person's right to offer a victim impact 3 27 statement, and assistance available to the victim under 3 28 chapter 912, the crime victim compensation chapter. 3 29 Notification of the person shall be made by a juvenile court 3 30 officer. The juvenile court and the county attorney are to 3 31 coordinate efforts to prevent duplication with the county 3 32 attorney's notification of a victim of certain information 3 33 under section 910A.6 in the victim and witness protection 3 34 chapter. 3 35 Section 232.147, relating to the confidentiality of 4 1 juvenile court records, provides for the release of 4 2 information in juvenile court records to the victim of a 4 3 delinquent act as provided in new section 232.28A. 4 4 Section 232A.4 is amended to require a juvenile judge to 4 5 order a juvenile who has committed a delinquent act to pay 4 6 restitution to the victim. Under current law the order of 4 7 restitution is optional. 4 8 LSB 3720XL 76 4 9 jp/jj/8.1
Text: SSB02324 Text: SSB02326 Text: SSB02300 - SSB02399 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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