Text: S03528 Text: S03530 Text: S03500 - S03599 Text: S 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 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,andhas 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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