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Senate Amendment 3529

Amendment Text

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 2, line 15, by inserting after the words
  1  9 "punishable by a" the following:  "minimum".
  1 10    #3.  Page 2, line 20, by striking the words "the
  1 11 person who is under legal age" and inserting the
  1 12 following:  "any person".
  1 13    #4.  Page 2, line 25, by striking the word "death
  1 14 of the" and inserting the following:  "death of any".
  1 15    #5.  Page 2, line 26, by striking the words "who is
  1 16 under legal age".
  1 17    #6.  Page 3, by striking lines 7 through 17 and
  1 18 inserting the following:  "will endanger that person."
  1 19    #7.  By striking page 3, line 33, through page 4,
  1 20 line 20.
  1 21    #8.  Page 5, by inserting after line 6 the
  1 22 following:  "If the violation is committed by a person
  1 23 who is employed by a licensee or permittee, the
  1 24 licensee or permittee and the individual shall each be
  1 25 deemed to have committed the violation and shall each
  1 26 be punished as provided in this subsection."
  1 27    #9.  Page 5, line 31, by inserting after the word
  1 28 "person." the following:  "For purposes of this
  1 29 paragraph, "dispensed" or "gave" means the act of
  1 30 physically presenting a receptacle containing beer,
  1 31 wine, or intoxicating liquor to the under-age person
  1 32 whose actions or intoxication results in the
  1 33 sustaining of damages by another person."
  1 34    #10.  Page 5, line 31, by inserting after the word
  1 35 "person." the following:  "However, a person who
  1 36 dispenses or gives beer, wine, or intoxicating liquor
  1 37 to an underage person shall only be liable for any
  1 38 damages if the person knew or should have known that
  1 39 the underage person was under legal age."
  1 40    #11.  Page 6, by inserting after line 12, the
  1 41 following:
  1 42    "Sec.    .  Section 232.2, subsection 12, Code
  1 43 1997, is amended by adding the following new
  1 44 paragraph:
  1 45    NEW PARAGRAPH.  c.  The violation of section
  1 46 123.47."
  1 47    #12.  Page 7, line 23, by inserting after the word
  1 48 "child" the following:  "who is at least ten years of
  1 49 age and who is".
  1 50    #13.  Page 7, by inserting after line 26, the
  2  1 following:
  2  2    "Sec.    .  Section 232.22, Code 1997, is amended
  2  3 by adding the following new subsection:
  2  4    NEW SUBSECTION.  7.  Notwithstanding any other
  2  5 provision of the Code to the contrary, a child shall
  2  6 not be placed in detention for a violation of section
  2  7 123.47, or for failure to comply with a dispositional
  2  8 order which provides for performance of community
  2  9 service for a violation of section 123.47."
  2 10    #14.  Page 8, line 12, by inserting after the word
  2 11 "child" the following:  "who is at least ten years of
  2 12 age and who".
  2 13    #15.  Page 12, line 35, by inserting after the word
  2 14 "offense" the following:  "or for purpose of
  2 15 prosecution of the child as an adult or a youthful
  2 16 offender".
  2 17    #16.  Page 13, by striking lines 3 and 4 and
  2 18 inserting the following:  "heard by the district court
  2 19 as part of the proceedings under section 907.3A, or by
  2 20 the juvenile court as provided in this section.  If
  2 21 the motion for waiver for purpose of being prosecuted
  2 22 as a youthful offender is made as a result of a
  2 23 conditional agreement between the county attorney and
  2 24 the child, the conditions of the agreement shall be
  2 25 disclosed to the court in the same manner as provided
  2 26 in rules 8 and 9 of the Iowa rules of criminal
  2 27 procedure."
  2 28    #17.  Page 13, line 29, by inserting after the
  2 29 figure "232.23." the following:  "If the court has
  2 30 been apprised of conditions of an agreement between
  2 31 the county attorney and the child which resulted in a
  2 32 motion for waiver for purposes of the child being
  2 33 prosecuted as a youthful offender, and the court finds
  2 34 that the conditions are in the best interests of the
  2 35 child, the conditions of the agreement shall
  2 36 constitute conditions of the waiver order."
  2 37    #18.  Page 15, by striking lines 14 through 19, and
  2 38 inserting the following:
  2 39    "Sec.    .  Section 232.52, subsection 2, paragraph
  2 40 g, Code 1997, is amended to read as follows:
  2 41    g.  An order placing a child, other than a child
  2 42 who has committed a violation of section 123.47, in
  2 43 secure custody for not more than two days in a
  2 44 facility under section 232.22, subsection 2, paragraph
  2 45 "a" or "b"."
  2 46    #19.  Page 15, line 31, by inserting after the word
  2 47 "order." the following:  "The hearing may be waived if
  2 48 all parties to the proceeding agree."
  2 49    #20.  Page 15, line 31, by inserting after the word
  2 50 "order." the following:  "The dispositional order
  3  1 regarding a child who has received a youthful offender
  3  2 deferred sentence may also be terminated prior to the
  3  3 child reaching the age of eighteen upon motion of the
  3  4 county attorney, if the waiver of the child to
  3  5 district court was conditioned upon the terms of an
  3  6 agreement between the county attorney and the child
  3  7 violates the terms of the agreement after the waiver
  3  8 order has been entered."
  3  9    #21.  Page 17, by inserting after line 30, the
  3 10 following:
  3 11    "Sec.    .  Section 232.148, subsection 5,
  3 12 paragraph b, Code 1997, is amended to read as follows:
  3 13    b.  After a petition is filed, the petition is
  3 14 dismissed or the proceedings are suspended and the
  3 15 child has not entered into a consent decree, and has
  3 16 not been adjudicated delinquent on the basis of a
  3 17 delinquent act other than one alleged in the petition
  3 18 in question, or has not been placed on youthful
  3 19 offender status."
  3 20    #22.  Page 18, line 4, by striking the word "are"
  3 21 and inserting the following:  "is".
  3 22    #23.  Page 18, by striking lines 21 through 30 and
  3 23 inserting the following:
  3 24    "Sec.    .  Section 232.150, subsection 1, Code
  3 25 1997, is amended by adding the following new
  3 26 paragraph:
  3 27    NEW PARAGRAPH.  c.  The person was not placed on
  3 28 youthful offender status, transferred back to district
  3 29 court after the youthful offender's eighteenth
  3 30 birthday, and sentenced for the offense which
  3 31 precipitated the youthful offender placement."
  3 32    #24.  Page 19, line 8, by striking the words "which
  3 33 require school officials".
  3 34    #25.  Page 19, line 12, by inserting after the word
  3 35 "law." the following:  "The procedures may include a
  3 36 provision which does not require a report when the
  3 37 school officials have determined that a school at-risk
  3 38 or other student assistance program would be
  3 39 jeopardized if a student self reports."
  3 40    #26.  Page 19, line 16, by inserting before the
  3 41 word "rules" the following:  "a policy and the
  3 42 superintendent of each public school shall adopt".
  3 43    #27.  Page 19, line 18, by striking the words
  3 44 "agreement with the" and inserting the following:
  3 45 "agreement with state and local agencies that are part
  3 46 of the juvenile justice system including the juvenile
  3 47 court, the".
  3 48    #28.  Page 19, line 19, by striking the words
  3 49 "school and" and inserting the following:  "and
  3 50 local".
  4  1    #29.  Page 19, line 20, by striking the words
  4  2 "authorities, and other signatory agencies." and
  4  3 inserting the following:  "authorities.  The
  4  4 disclosure of information shall be directly related to
  4  5 the juvenile justice system's ability to effectively
  4  6 serve, prior to adjudication, the student whose
  4  7 records are being released."
  4  8    #30.  Page 20, line 5, by striking the word
  4  9 "Confidential" and inserting the following:  "The
  4 10 interagency agreement shall provide, and each
  4 11 signatory agency to the agreement shall certify in the
  4 12 agreement, that confidential".
  4 13    #31.  Page 22, line 27, by inserting after the word
  4 14 "program." the following:  "Rules adopted shall
  4 15 include procedures which are designed to eliminate the
  4 16 influence of prejudice and racial and economic
  4 17 discrimination in the procedures and decisions of the
  4 18 peer review court."
  4 19    #32.  Page 24, lines 3 and 4, by striking the words
  4 20 and figures "section 123.47 or 123.47D," and inserting
  4 21 the following:  "section 123.47,".
  4 22    #33.  Page 25, line 1, by inserting after the
  4 23 figure "907.3" the following:  "but subject to any
  4 24 conditions of the waiver order".
  4 25    #34.  Page 25, line 10, by inserting after the word
  4 26 "section." the following:  "Notwithstanding section
  4 27 901.2, a presentence investigation shall not be
  4 28 ordered by the court subsequent to an entry of a plea
  4 29 of guilty or verdict of guilty or prior to deferral of
  4 30 sentence of a youthful offender under this section."
  4 31    #35.  Page 25, by striking lines 32 and 33, and
  4 32 inserting the following:  "suspended sentence.
  4 33 Notwithstanding anything in section 907.7 to the
  4 34 contrary, if the district court either continues the
  4 35 youthful offender deferred sentence or enters a
  4 36 sentence, suspends the sentence, and places the
  4 37 youthful offender on probation, the term of formal
  4 38 supervision shall commence upon entry of the order by
  4 39 the district court and may continue for a period not
  4 40 to exceed five years.  If the district court enters a
  4 41 sentence of confinement, and the youthful offender was
  4 42 previously placed in secure confinement by the
  4 43 juvenile court under the terms of the initial
  4 44 disposition order or any modification to the initial
  4 45 disposition order, the person shall receive credit for
  4 46 any time spent in secure confinement.  During any".
  4 47    #36. Page 25, line 34, by inserting after the word
  4 48 "probation" the following:  "imposed by the district
  4 49 court".
  4 50    #37.  Page 27, by striking lines 8 through 11, and
  5  1 inserting the following:  "adjustment associated with
  5  2 the complaint.  Unless the matter is disposed of at
  5  3 the preliminary inquiry conducted by the intake
  5  4 officer under section 232.28, the victim may also be
  5  5 allowed to orally present the victim impact
  5  6 statement."
  5  7    #38.  Page 27, by inserting after line 12, the
  5  8 following:
  5  9    "Sec. ___.  JUVENILE JUSTICE INTERIM STUDY.  The
  5 10 legislative council is requested to establish an
  5 11 interim study committee consisting of members of both
  5 12 political parties from both houses of the general
  5 13 assembly to review and consider the need for
  5 14 improvements in the laws and programs established to
  5 15 reform juvenile delinquents and reduce juvenile crime.
  5 16 The study may include but is not limited to the review
  5 17 of the need for improvements in the current juvenile
  5 18 justice system, the youthful offender program, the
  5 19 programs established to combat substance abuse by
  5 20 juveniles, and the coordination of programs and
  5 21 information between the juvenile and adult criminal
  5 22 justice systems.  The committee shall submit its
  5 23 findings, together with any recommendations, in a
  5 24 report to the general assembly which convenes in
  5 25 January 1998."
  5 26    #39.  Title page 2, line 12, by inserting after the
  5 27 word "authorities" the following:  ", and providing
  5 28 for a legislative study".
  5 29    #40.  By renumbering, relettering, or redesignating
  5 30 and correcting internal references as necessary.  
  5 31 SF 515H
  5 32 lh/pk/25
     

Text: S03528                            Text: S03530
Text: S03500 - S03599                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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