Text: H01721 Text: H01723 Text: H01700 - H01799 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 515, as amended, passed, and 1 2 reprinted by the Senate, as follows: 1 3 #1. Page 2, by striking lines 4 through 9, and 1 4 inserting the following: "section. However, if the 1 5 person who commits the violation of this section is 1 6 under the age of eighteen, the matter shall be 1 7 disposed of in the manner provided in chapter 232." 1 8 #2. Page 3, by striking lines 8 and 9, and 1 9 inserting the following: "a reasonable effort to 1 10 identify a person who is age eighteen or older, 1 11 enrolled in secondary school, and discovered to be 1 12 in". 1 13 #3. Page 5, by inserting after line 6 the 1 14 following: "If the violation is committed by a person 1 15 who is employed by a licensee or permittee, the 1 16 licensee or permittee and the individual shall each be 1 17 deemed to have committed the violation and shall each 1 18 be punished as provided in this subsection." 1 19 #4. Page 5, line 31, by inserting after the word 1 20 "person." the following: "However, a person who is 1 21 not a licensee or permittee and who dispenses or gives 1 22 beer, wine, or intoxicating liquor to an underage 1 23 person shall not be liable for any damages actually 1 24 sustained if the person was not present when the beer, 1 25 wine, or intoxicating liquor was consumed by the 1 26 underage person." 1 27 #5. Page 6, by inserting after line 12, the 1 28 following: 1 29 "Sec. . Section 232.2, subsection 12, Code 1 30 1997, is amended by adding the following new 1 31 paragraph: 1 32 NEW PARAGRAPH. c. The violation of section 1 33 123.47." 1 34 #6. Page 7, by inserting after line 26, the 1 35 following: 1 36 "Sec. . Section 232.22, Code 1997, is amended 1 37 by adding the following new subsection: 1 38 NEW SUBSECTION. 7. Notwithstanding any other 1 39 provision of the Code to the contrary, a child shall 1 40 not be placed in detention for a violation of section 1 41 123.47, or for failure to comply with a dispositional 1 42 order which provides for payment of a fine or 1 43 performance of community service for a violation of 1 44 section 123.47." 1 45 #7. Page 14, by inserting after line 24, the 1 46 following: 1 47 "Sec. . Section 232.46, subsection 1, Code 1 48 1997, is amended to read as follows: 1 49 1. At any time after the filing of a petition and 1 50 prior to entry of an order of adjudication pursuant to 2 1 section 232.47, the court may suspend the proceedings 2 2 on motion of the county attorney or the child's 2 3 counsel, enter a consent decree, and continue the case 2 4 under terms and conditions established by the court. 2 5 These terms and conditions may include prohibiting a 2 6 child from driving a motor vehicle for a specified 2 7 period of time or under specific circumstances, or the 2 8 supervision of the child by a juvenile court officer 2 9 or other agency or person designated by the court, and 2 10 may include the requirement that the child perform a 2 11 work assignment of value to the state or to the public 2 12 or make restitution consisting of a monetary payment 2 13 to the victim or a work assignment directly of value 2 14 to the victim, or, if the delinquent act is a 2 15 violation of section 123.47, pay a fine. The court 2 16 shall notify the state department of transportation of 2 17 an order prohibiting the child from driving." 2 18 #8. Page 15, by striking lines 14 through 19, and 2 19 inserting the following: 2 20 "Sec. . Section 232.52, subsection 2, paragraph 2 21 g, Code 1997, is amended to read as follows: 2 22 g. An order placing a child, other than a child 2 23 who has committed a violation of section 123.47, in 2 24 secure custody for not more than two days in a 2 25 facility under section 232.22, subsection 2, paragraph 2 26 "a" or "b". 2 27 Sec. . Section 232.52, subsection 2, Code 1997, 2 28 is amended by adding the following new paragraph: 2 29 NEW PARAGRAPH. i. An order requiring a child who 2 30 has committed a violation of section 123.47 to pay a 2 31 fine." 2 32 #9. Page 15, line 31, by inserting after the word 2 33 "order." the following: "The hearing may be waived if 2 34 all parties to the proceeding agree." 2 35 #10. Page 17, by inserting after line 30, the 2 36 following: 2 37 "Sec. . Section 232.148, subsection 5, 2 38 paragraph b, Code 1997, is amended to read as follows: 2 39 b. After a petition is filed, the petition is 2 40 dismissed or the proceedings are suspended and the 2 41 child has not entered into a consent decree,andhas 2 42 not been adjudicated delinquent on the basis of a 2 43 delinquent act other than one alleged in the petition 2 44 in question, or has not been placed on youthful 2 45 offender status." 2 46 #11. Page 18, line 4, by striking the word "are" 2 47 and inserting the following: "is". 2 48 #12. Page 18, by striking lines 21 through 30 and 2 49 inserting the following: 2 50 "Sec. . Section 232.150, subsection 1, Code 3 1 1997, is amended by adding the following new 3 2 paragraph: 3 3 NEW PARAGRAPH. c. The person was not placed on 3 4 youthful offender status, transferred back to district 3 5 court after the youthful offender's eighteenth 3 6 birthday, and sentenced for the offense which 3 7 precipitated the youthful offender placement." 3 8 #13. Page 19, line 16, by inserting before the 3 9 word "rules" the following: "a policy and the 3 10 superintendent of each public school shall adopt". 3 11 #14. Page 19, line 18, by striking the words 3 12 "agreement with the" and inserting the following: 3 13 "agreement with state and local agencies that are part 3 14 of the juvenile justice system including the juvenile 3 15 court, the". 3 16 #15. Page 19, line 19, by striking the words 3 17 "school and" and inserting the following: "and 3 18 local". 3 19 #16. Page 19, line 20, by striking the words 3 20 "authorities, and other signatory agencies." and 3 21 inserting the following: "authorities. The 3 22 disclosure of information shall be directly related to 3 23 the juvenile justice system's ability to effectively 3 24 serve, prior to adjudication, the student whose 3 25 records are being released." 3 26 #17. Page 20, line 5, by striking the word 3 27 "Confidential" and inserting the following: "The 3 28 interagency agreement shall provide, and each 3 29 signatory agency to the agreement shall certify in the 3 30 agreement, that confidential". 3 31 #18. Page 24, lines 3 and 4, by striking the words 3 32 and figures "section 123.47 or 123.47D," and inserting 3 33 the following: "section 123.47,". 3 34 #19. Page 25, by striking lines 32 and 33, and 3 35 inserting the following: "suspended sentence. 3 36 Notwithstanding anything in section 907.7 to the 3 37 contrary, if the district court either continues the 3 38 youthful offender deferred sentence or enters a 3 39 sentence, suspends the sentence, and places the 3 40 youthful offender on probation, the term of formal 3 41 supervision shall commence upon entry of the order by 3 42 the district court and may continue for a period not 3 43 to exceed five years. If the district court enters a 3 44 sentence of confinement, and the youthful offender was 3 45 previously placed in secure confinement by the 3 46 juvenile court under the terms of the initial 3 47 disposition order or any modification to the initial 3 48 disposition order, the person shall receive credit for 3 49 any time spent in secure confinement. During any". 3 50 #20. Page 25, line 34, by inserting after the word 4 1 "probation" the following: "imposed by the district 4 2 court". 4 3 #21. Page 27, by striking lines 8 through 11, and 4 4 inserting the following: "adjustment associated with 4 5 the complaint. Unless the matter is disposed of at 4 6 the preliminary inquiry conducted by the intake 4 7 officer under section 232.28, the victim may also be 4 8 allowed to orally present the victim impact 4 9 statement." 4 10 #22. By renumbering as necessary. 4 11 4 12 4 13 4 14 LARSON of Linn 4 15 SF 515.215 77 4 16 lh/jj/28
Text: H01721 Text: H01723 Text: H01700 - H01799 Text: H Index Bills and Amendments: General Index Bill History: General Index
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