Text: SF00140 Text: SF00142 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 232.19, Code 1997, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 4. Information pertaining to a child 1 4 taken into custody for a delinquent act which would be a 1 5 public offense under section 701.2 is a public record and 1 6 shall not be confidential under section 232.147. 1 7 Sec. 2. Section 232.28, subsection 10, Code 1997, is 1 8 amended to read as follows: 1 9 10. A complaint filed with the court or its designee 1 10 pursuant to this section which alleges that a child has 1 11 committed a delinquent act which if committed by an adult 1 12 would bean aggravated misdemeanor or a felony shall bea 1 13 public offense under section 701.2 is a public record and 1 14 shall not be confidential under section 232.147. The court, 1 15 its designee, or law enforcement officials are authorized to 1 16 release the complaint, including the identity of the child 1 17 named in the complaint. 1 18 Sec. 3. Section 232.148, subsection 2, Code 1997, is 1 19 amended to read as follows: 1 20 2. Fingerprints and photographs of a child who has been 1 21 taken into custody and who is fourteen years of age or older 1 22 may be taken and filed by a criminal or juvenile justice 1 23 agency investigating the commission of a public offense other 1 24 than a simpleor seriousmisdemeanor. The criminal or 1 25 juvenile justice agency shall forward the fingerprints to the 1 26 department of public safety for inclusion in the automated 1 27 fingerprint identification system and may also retain a copy 1 28 of the fingerprint card for comparison with latent 1 29 fingerprints and the identification of repeat offenders. 1 30 Sec. 4. Section 232.149, subsection 2, Code 1997, is 1 31 amended to read as follows: 1 32 2. Records and files of a criminal or juvenile justice 1 33 agency concerning a child involved in a delinquent act are 1 34 public records, except that a criminal or juvenile justice 1 35 agency shallnotonly releasethe name of a child untila 2 1 complaintis filedpursuant to section 232.28 and criminal 2 2 history data is subject to the provisions of chapter 692. The 2 3 records are subject to sealing under section 232.150 unless 2 4 the juvenile court waives its jurisdiction over the child so 2 5 that the child may be prosecuted as an adult for a public 2 6 offense. 2 7 Sec. 5. Section 331.653, subsection 58, Code 1997, is 2 8 amended to read as follows: 2 9 58. Report information on crimes committed and delinquent 2 10 acts committed, which would beana serious or aggravated 2 11 misdemeanor or felony if committed by an adult, and furnish 2 12 disposition reports on persons arrested and juveniles taken 2 13 into custody, for a delinquent act which would beana serious 2 14 or aggravated misdemeanor or felony if committed by an adult, 2 15 and criminal complaints or information or juvenile delinquency 2 16 petitions, alleging a delinquent act which would beana 2 17 serious or aggravated misdemeanor or felony if committed by an 2 18 adult, filed in any court as provided in section 692.15. 2 19 Sec. 6. Section 602.8102, subsection 125, Code 1997, is 2 20 amended to read as follows: 2 21 125. Furnish a disposition of each criminal complaint or 2 22 information or juvenile delinquency petition, alleging a 2 23 delinquent act which would beana serious or aggravated 2 24 misdemeanor or felony if committed by an adult, filed in the 2 25 district or juvenile court to the department of public safety 2 26 as provided in section 692.15. 2 27 Sec. 7. Section 692.1, subsections 1 and 9, Code 1997, are 2 28 amended to read as follows: 2 29 1. "Adjudication data" means information that an 2 30 adjudication of delinquency for an act which would beana 2 31 serious or aggravated misdemeanor or felony if committed by an 2 32 adult was entered against a juvenile and includes the date and 2 33 location of the delinquent act and the place and court of 2 34 adjudication. 2 35 9. "Custody data" means information pertaining to the 3 1 taking into custody, pursuant to section 232.19, of a juvenile 3 2 for a delinquent act which would beana serious or aggravated 3 3 misdemeanor or felony if committed by an adult, and includes 3 4 the date, time, place, and facts and circumstances of the 3 5 delinquent act. Custody data includes warrants for the taking 3 6 into custody for all delinquent acts outstanding and not 3 7 served and includes the filing of a petition pursuant to 3 8 section 232.35, the date and place of the alleged delinquent 3 9 act, and the county of jurisdiction. 3 10 EXPLANATION 3 11 The bill provides that information pertaining to a juvenile 3 12 taken into custody for a delinquent act which would be a 3 13 public offense under section 701.2 is a public record at the 3 14 point the juvenile is taken into custody. The bill also 3 15 provides that a complaint alleging the commission of a 3 16 delinquent act by a juvenile is a public record if the 3 17 delinquent act alleged is a public offense. Currently, the 3 18 delinquent act must be an aggravated misdemeanor or greater 3 19 for the complaint to be a public record. 3 20 This bill further provides that criminal history data 3 21 regarding juveniles shall be maintained by the department of 3 22 public safety if the juvenile is adjudicated delinquent of a 3 23 public offense which is a serious misdemeanor or more serious 3 24 offense. Currently, criminal history data is maintained only 3 25 for juveniles adjudicated delinquent for aggravated 3 26 misdemeanors or felonies. The bill also provides for 3 27 fingerprinting of those juveniles aged 14 or older who commit 3 28 a serious misdemeanor or more serious offense. 3 29 The bill may include a state mandate as defined in section 3 30 25B.3. 3 31 LSB 1636XS 77 3 32 lh/jj/8
Text: SF00140 Text: SF00142 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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