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Senate File 515

Partial Bill History

Bill Text

PAG LIN
  1  1                                          SENATE FILE 515
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO JUVENILE JUSTICE AND YOUTHFUL OFFENDERS, BY MAKING
  1  5    CHANGES IN PROVISIONS RELATING TO ILLEGAL PURCHASE OR POSSES-
  1  6    SION OF ALCOHOL BY JUVENILES AND YOUTHFUL OFFENDERS, MAKING
  1  7    CHANGES RELATING TO DRAMSHOP LIABILITY, PROVIDING FOR NOTIFI-
  1  8    CATION OF POSSESSION OF ALCOHOL BY PERSONS UNDER LEGAL AGE,
  1  9    PROVIDING FOR THE TAKING OF FINGERPRINTS AND PHOTOGRAPHS
  1 10    OF CERTAIN JUVENILES, PERMITTING VICTIMS TO MAKE ORAL VICTIM
  1 11    IMPACT STATEMENTS IN JUVENILE PROCEEDINGS, MAKING CHANGES
  1 12    RELATED TO THE SUPPLYING OF ALCOHOL TO PERSONS UNDER THE AGE
  1 13    OF TWENTY-ONE, PROVIDING FOR SHARING OF INFORMATION REGARDING
  1 14    DELINQUENT JUVENILES AND JUVENILES UNDER THE JURISDICTION OF
  1 15    VARIOUS SOCIAL SERVICES AGENCIES, PROVIDING FOR SHARED JURIS-
  1 16    DICTION BETWEEN THE ADULT AND JUVENILE COURTS OVER YOUTHFUL
  1 17    OFFENDERS, CHANGING THE CRITERIA FOR PLACEMENT IN THE STATE
  1 18    TRAINING SCHOOL OR OTHER FACILITY, MAKING CHANGES RELATING TO
  1 19    STATE REIMBURSEMENT FOR EXPENSES OF COURT-APPOINTED ATTORNEYS
  1 20    IN JUVENILE COURT, PERMITTING THE RELEASE OF INFORMATION RE-
  1 21    LATING TO JUVENILES WHO HAVE ESCAPED FROM A DETENTION FACILITY,
  1 22    PROVIDING FOR NOTIFICATION OF JUVENILE COURT AUTHORITIES OF
  1 23    UNEXCUSED ABSENCES OR SUSPENSIONS OR EXPULSIONS OF STUDENTS
  1 24    WHO ARE ON PROBATION, PROVIDING FOR ESTABLISHMENT OF STATEWIDE
  1 25    PEER REVIEW COURTS FOR YOUTHFUL OFFENDERS, PROVIDING FOR BAI-
  1 26    LIFF AND OTHER LAW ENFORCEMENT ASSISTANCE TO ASSOCIATE JUVEN-
  1 27    ILE JUDGES, INCLUDING ARREST OR DISPOSITION OR CUSTODY OR 
  1 28    ADJUDICATION DATA IN CRIMINAL HISTORY DATA KEPT BY THE DEPART-
  1 29    MENT OF PUBLIC SAFETY, AUTHORIZING SCHOOL OFFICIALS TO REPORT 
  1 30    POSSESSION OR USE OF ALCOHOL OR CONTROLLED SUBSTANCES TO LAW 
  1 31    ENFORCEMENT AUTHORITIES, AND PROVIDING FOR A LEGISLATIVE STUDY.
  1 32 
  1 33 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 34 
  1 35    Section 1.  Section 123.3, subsection 19, Code 1997, is
  2  1 amended to read as follows:
  2  2    19.  "Legal age" means nineteen twenty-one years of age or
  2  3 more.
  2  4    Sec. 2.  Section 123.47, Code 1997, is amended to read as
  2  5 follows:
  2  6    123.47  PERSONS UNDER THE LEGAL AGE OF EIGHTEEN – PENALTY.
  2  7    1.  A person shall not sell, give, or otherwise supply
  2  8 alcoholic liquor, wine, or beer to any person knowing or
  2  9 having reasonable cause to believe that person to be under the
  2 10 legal age of eighteen, and a.
  2 11    2.  A person or persons under the legal age of eighteen
  2 12 shall not purchase or attempt to purchase, or individually or
  2 13 jointly have alcoholic liquor, wine, or beer in their
  2 14 possession or control; except in the case of liquor, wine, or
  2 15 beer given or dispensed to a person under the legal age of
  2 16 eighteen within a private home and with the knowledge,
  2 17 presence, and consent of the parent or guardian, for beverage
  2 18 or medicinal purposes or as administered to the person by
  2 19 either a physician or dentist for medicinal purposes and
  2 20 except to the extent that a person under the legal age of
  2 21 eighteen may handle alcoholic beverages, wine, and beer during
  2 22 the regular course of the person's employment by a liquor
  2 23 control licensee, or wine or beer permittee under this
  2 24 chapter.
  2 25    3.  A person who is under legal age, other than a licensee
  2 26 or permittee, who violates this section regarding the purchase
  2 27 of or attempt to purchase alcoholic liquor, wine, or beer
  2 28 shall pay a twenty-five dollar penalty, or possessing or
  2 29 having control of alcoholic liquor, wine, or beer, commits a
  2 30 simple misdemeanor punishable by a fine of one hundred dollars
  2 31 for the first offense.  A second or subsequent offense shall
  2 32 be a serious misdemeanor punishable by a fine of two hundred
  2 33 dollars and the suspension of the person's motor vehicle
  2 34 operating privileges for a period not to exceed one year.  The
  2 35 court may, in its discretion, order the person who is under
  3  1 legal age to perform community service work under section
  3  2 909.3A, of an equivalent value to the fine imposed under this
  3  3 section.  However, if the person who commits the violation of
  3  4 this section is under the age of eighteen, the matter shall be
  3  5 disposed of in the manner provided in chapter 232.
  3  6    4.  Except as otherwise provided in subsections 5 and 6, a
  3  7 person who is of legal age, other than a licensee or
  3  8 permittee, who sells, gives, or otherwise supplies alcoholic
  3  9 liquor, wine, or beer to a person who is under legal age in
  3 10 violation of this section commits a serious misdemeanor
  3 11 punishable by a minimum fine of five hundred dollars.
  3 12    5.  A person who is of legal age, other than a licensee or
  3 13 permittee, who sells, gives, or otherwise supplies alcoholic
  3 14 liquor, wine, or beer to a person who is under legal age in
  3 15 violation of this section which results in serious injury to
  3 16 any person commits an aggravated misdemeanor.
  3 17    6.  A person who is of legal age, other than a licensee or
  3 18 permittee, who sells, gives, or otherwise supplies alcoholic
  3 19 liquor, wine, or beer to a person who is under legal age in
  3 20 violation of this section which results in the death of any
  3 21 person commits a class "D" felony.
  3 22    Sec. 3.  Section 123.47B, Code 1997, is amended to read as
  3 23 follows:
  3 24    123.47B  PARENTAL AND SCHOOL NOTIFICATION – PERSONS UNDER
  3 25 EIGHTEEN YEARS OF LEGAL AGE.
  3 26    1.  A peace officer shall make a reasonable effort to
  3 27 identify a person under the age of eighteen discovered to be
  3 28 in possession of alcoholic liquor, wine, or beer in violation
  3 29 of section 123.47 and if the person is not referred to
  3 30 juvenile court, the law enforcement agency of which the peace
  3 31 officer is an employee shall make a reasonable attempt to
  3 32 notify the person's custodial parent or legal guardian of such
  3 33 possession, whether or not the person is arrested or a
  3 34 citation is issued pursuant to section 805.16, unless the
  3 35 officer has reasonable grounds to believe that such
  4  1 notification is not in the best interests of the person or
  4  2 will endanger that person.
  4  3    2.  The peace officer shall also make a reasonable effort
  4  4 to identify the elementary or secondary school which the
  4  5 person attends if the person is enrolled in elementary or
  4  6 secondary school and to notify the superintendent or the
  4  7 superintendent's designee of the school which the person
  4  8 attends, or the authorities in charge of the nonpublic school
  4  9 which the person attends, of the possession.  If the person is
  4 10 taken into custody, the peace officer shall notify a juvenile
  4 11 court officer who shall make a reasonable effort to identify
  4 12 the elementary or secondary school the person attends, if any,
  4 13 and to notify the superintendent of the school district or the
  4 14 superintendent's designee, or the authorities in charge of the
  4 15 nonpublic school, of the taking into custody.  A reasonable
  4 16 attempt to notify the person includes but is not limited to a
  4 17 telephone call or notice by first-class mail.
  4 18    Sec. 4.  Section 123.49, subsection 3, Code 1997, is
  4 19 amended to read as follows:
  4 20    3.  No A person under legal age shall not misrepresent the
  4 21 person's age for the purpose of purchasing or attempting to
  4 22 purchase any alcoholic beverage, wine, or beer from any
  4 23 licensee or permittee.  If any person under legal age
  4 24 misrepresents the person's age, and the licensee or permittee
  4 25 establishes that the licensee or permittee made reasonable
  4 26 inquiry to determine whether the prospective purchaser was
  4 27 over legal age, the licensee or permittee is not guilty of
  4 28 selling alcoholic liquor, wine, or beer to minors a person
  4 29 under legal age.
  4 30    Sec. 5.  Section 123.50, subsection 1, Code 1997, is
  4 31 amended to read as follows:
  4 32    1.  Any person who violates any of the provisions of
  4 33 section 123.49, except subsection 2, paragraph "h", shall be
  4 34 guilty of a simple misdemeanor.  A person who violates section
  4 35 123.49, subsection 2, paragraph "h", commits a simple serious
  5  1 misdemeanor punishable as a scheduled violation under section
  5  2 805.8, subsection 10, paragraph "b" by a fine of one thousand
  5  3 five hundred dollars.  If the violation is committed by a
  5  4 person who is employed by a licensee or permittee, the
  5  5 licensee or permittee and the individual shall each be deemed
  5  6 to have committed the violation and shall each be punished as
  5  7 provided in this subsection.
  5  8    Sec. 6.  Section 123.50, subsection 4, Code 1997, is
  5  9 amended by striking the subsection.
  5 10    Sec. 7.  Section 123.92, Code 1997, is amended by adding
  5 11 the following new unnumbered paragraph:
  5 12    NEW UNNUMBERED PARAGRAPH.  Notwithstanding section 123.49,
  5 13 subsection 1, any person who is injured in person or property
  5 14 or means of support by an intoxicated person who is under
  5 15 legal age or resulting from the intoxication of a person who
  5 16 is under legal age, has a right of action for all damages
  5 17 actually sustained, severally or jointly, against a person who
  5 18 is not a licensee or permittee and who dispensed or gave any
  5 19 beer, wine, or intoxicating liquor to the intoxicated under-
  5 20 age person when the nonlicensee or nonpermittee who dispensed
  5 21 or gave the beer, wine, or intoxicating liquor to the under-
  5 22 age person knew or should have known the under-age person was
  5 23 intoxicated, or who dispensed or gave beer, wine, or
  5 24 intoxicating liquor to the under-age person to a point where
  5 25 the nonlicensee or nonpermittee knew or should have known that
  5 26 the under-age person would become intoxicated.  If the injury
  5 27 was caused by an intoxicated person who is under legal age, a
  5 28 person who is not a licensee or permittee and who dispensed or
  5 29 gave beer, wine, or intoxicating liquor to the under-age
  5 30 person may establish as an affirmative defense that the
  5 31 intoxication did not contribute to the injurious action of the
  5 32 under-age person.  For purposes of this paragraph, "dispensed"
  5 33 or "gave" means the act of physically presenting a receptacle
  5 34 containing beer, wine, or intoxicating liquor to the under-age
  5 35 person whose actions or intoxication results in the sustaining
  6  1 of damages by another person.  However, a person who dispenses
  6  2 or gives beer, wine, or intoxicating liquor to an underage
  6  3 person shall only be liable for any damages if the person knew
  6  4 or should have known that the underage person was under legal
  6  5 age.
  6  6    Sec. 8.  Section 137C.25C, subsection 3, Code 1997, is
  6  7 amended to read as follows:
  6  8    3.  The owner or operator reasonably believes that the
  6  9 individual is using the premises for an unlawful purpose
  6 10 including, but not limited to, the unlawful use or possession
  6 11 of controlled substances or the use of the premises for the
  6 12 consumption of alcohol by an individual in violation of
  6 13 section 123.47 or 123.47A.
  6 14    Sec. 9.  Section 216A.138, Code 1997, is amended by adding
  6 15 the following new subsection:
  6 16    NEW SUBSECTION.  5A.  The plan shall include development of
  6 17 a resource guide outlining successful programs and practices
  6 18 established within this state which are designed to promote
  6 19 positive youth development and that assist delinquent and
  6 20 other at-risk youth in overcoming personal and social
  6 21 problems.  The guide shall be made publicly available.
  6 22    Sec. 10.  Section 232.2, subsection 12, Code 1997, is
  6 23 amended by adding the following new paragraph:
  6 24    NEW PARAGRAPH.  c.  The violation of section 123.47 which
  6 25 is committed by a child.
  6 26    Sec. 11.  Section 232.8, subsection 3, Code 1997, is
  6 27 amended to read as follows:
  6 28    3.  The juvenile court, after a hearing and in accordance
  6 29 with the provisions of section 232.45, may waive jurisdiction
  6 30 of a child alleged to have committed a public offense so that
  6 31 the child may be prosecuted as an adult or youthful offender
  6 32 for such offense in another court.  If the child, except a
  6 33 child being prosecuted as a youthful offender, pleads guilty
  6 34 or is found guilty of a public offense in another court of
  6 35 this state that court may, with the consent of the child,
  7  1 defer judgment and without regard to restrictions placed upon
  7  2 deferred judgments for adults, place the child on probation
  7  3 for a period of not less than one year upon such conditions as
  7  4 it may require.  Upon fulfillment of the conditions of
  7  5 probation the child shall be discharged without entry of
  7  6 judgment.
  7  7    Sec. 12.  Section 232.19, subsection 2, Code 1997, is
  7  8 amended to read as follows:
  7  9    2.  When a child is taken into custody as provided in
  7 10 subsection 1 the person taking the child into custody shall
  7 11 notify the child's parent, guardian, or custodian as soon as
  7 12 possible and shall not.  The person may place bodily
  7 13 restraints, such as handcuffs, on the child unless if the
  7 14 child physically resists; or threatens physical violence when
  7 15 being taken into custody; is being taken into custody for an
  7 16 alleged delinquent act of violence against a person; or when,
  7 17 in the reasonable judgment of the officer, the child presents
  7 18 a risk of injury to the child or others.  However, if the
  7 19 child is thirteen years of age or older, the child may be
  7 20 restrained by metal handcuffs only, for the purpose of
  7 21 transportation in a vehicle which is not equipped with a rear
  7 22 seat cage for prisoner transport and if the child is being
  7 23 taken into custody for an alleged delinquent act of violence
  7 24 against a person.  The child may also be restrained by
  7 25 handcuffs or other restraints at any time after the child is
  7 26 taken into custody if the child has a known history of
  7 27 physical violence to others.  Unless the child is placed in
  7 28 shelter care or detention in accordance with the provisions of
  7 29 section 232.21 or 232.22, the child shall be released to the
  7 30 child's parent, guardian, custodian, responsible adult
  7 31 relative, or other adult approved by the court upon the
  7 32 promise of such person to produce the child in court at such
  7 33 time as the court may direct.
  7 34    Sec. 13.  Section 232.19, Code 1997, is amended by adding
  7 35 the following new subsection:
  8  1    NEW SUBSECTION.  4.  Information pertaining to a child who
  8  2 is at least ten years of age and who is taken into custody for
  8  3 a delinquent act which would be a public offense is a public
  8  4 record and is not confidential under section 232.147.
  8  5    Sec. 14.  Section 232.22, Code 1997, is amended by adding
  8  6 the following new subsection:
  8  7    NEW SUBSECTION.  7.  Notwithstanding any other provision of
  8  8 the Code to the contrary, a child shall not be placed in
  8  9 detention for a violation of section 123.47, or for failure to
  8 10 comply with a dispositional order which provides for
  8 11 performance of community service for a violation of section
  8 12 123.47.
  8 13    Sec. 15.  NEW SECTION.  232.23  DETENTION – YOUTHFUL
  8 14 OFFENDERS.
  8 15    1.  After waiver of a child who will be prosecuted as a
  8 16 youthful offender, the child shall be held in a facility under
  8 17 section 232.22, subsection 2, paragraph "a" or "b", unless
  8 18 released in accordance with subsection 2.
  8 19    2.  a.  The court shall determine, at the detention hearing
  8 20 under section 232.44, the amount of bail, appearance bond, or
  8 21 other conditions necessary for a child who has been waived for
  8 22 prosecution as a youthful offender to be released from
  8 23 detention or that the child should not be released from
  8 24 detention.
  8 25    b.  A child placed in detention or released under this
  8 26 subsection shall be supervised by a juvenile court officer or
  8 27 juvenile court services personnel.
  8 28    c.  An order under this section may be reviewed by the
  8 29 court upon motion of either party.
  8 30    Sec. 16.  Section 232.28, subsection 10, Code 1997, is
  8 31 amended to read as follows:
  8 32    10.  A complaint filed with the court or its designee
  8 33 pursuant to this section which alleges that a child who is at
  8 34 least ten years of age and who has committed a delinquent act
  8 35 which if committed by an adult would be an aggravated
  9  1 misdemeanor or a felony shall be a public offense is a public
  9  2 record and shall not be confidential under section 232.147.
  9  3 The court, its designee, or law enforcement officials are
  9  4 authorized to release the complaint, including the identity of
  9  5 the child named in the complaint.
  9  6    Sec. 17.  Section 232.28, subsection 11, Code 1997, is
  9  7 amended to read as follows:
  9  8    11.  If a complaint is filed under this section, alleging a
  9  9 child has committed a delinquent act, the alleged victim may
  9 10 file a signed victim impact statement with the juvenile court
  9 11 containing the information specified for a victim impact
  9 12 statement under section 910A.5.  Unless the matter is disposed
  9 13 of at the preliminary inquiry conducted by the intake officer
  9 14 under section 232.28, the victim may also orally present a
  9 15 victim impact statement.  The victim impact statement shall be
  9 16 considered by the court and the juvenile court officer
  9 17 handling the complaint in any proceeding or informal
  9 18 adjustment associated with the complaint.
  9 19    Sec. 18.  Section 232.28A, subsection 1, paragraph d, Code
  9 20 1997, is amended to read as follows:
  9 21    d.  To be notified of the person's right to offer a written
  9 22 victim impact statement and to orally present the victim
  9 23 impact statement under sections 232.28 and 910A.5.
  9 24    Sec. 19.  Section 232.44, Code 1997, is amended to read as
  9 25 follows:
  9 26    232.44  DETENTION OR SHELTER CARE HEARING – RELEASE FROM
  9 27 DETENTION UPON CHANGE OF CIRCUMSTANCE.
  9 28    1.  A hearing shall be held within forty-eight hours,
  9 29 excluding Saturdays, Sundays, and legal holidays, of the time
  9 30 of the child's admission to a shelter care facility, and
  9 31 within twenty-four hours, excluding Saturdays, Sundays, and
  9 32 legal holidays, of the time of a child's admission to a
  9 33 detention facility.  If the hearing is not held within the
  9 34 time specified, the child shall be released from shelter care
  9 35 or detention.  Prior to the hearing a petition shall be filed,
 10  1 except where the child is already under the supervision of a
 10  2 juvenile court under a prior judgment.
 10  3    If the child is placed in a detention facility in a county
 10  4 other than the county in which the child resides or in which
 10  5 the delinquent act allegedly occurred but which is within the
 10  6 same judicial district, the hearing may take place in the
 10  7 county in which the detention facility is located.  The child
 10  8 shall appear in person at the hearing required by this
 10  9 subsection.
 10 10    2.  The county attorney or a juvenile court officer may
 10 11 apply for a hearing at any time after the petition is filed to
 10 12 determine whether the child who is the subject of the petition
 10 13 should be placed in detention or shelter care.  The court may
 10 14 upon the application or upon its own motion order such
 10 15 hearing.  The court shall order a detention hearing for a
 10 16 child waived under section 232.45, subsection 6A, at the time
 10 17 of waiver.
 10 18    3.  A notice shall be served upon the child, the child's
 10 19 attorney, the child's guardian ad litem if any, and the
 10 20 child's known parent, guardian, or custodian not less than
 10 21 twelve hours before the time the hearing is scheduled to begin
 10 22 and in a manner calculated fairly to apprise the parties of
 10 23 the time, place, and purpose of the hearing.  In the case of a
 10 24 hearing for a child waived for prosecution as a youthful
 10 25 offender, this notice may accompany the waiver order.  If the
 10 26 court finds that there has been reasonably diligent effort to
 10 27 give notice to a parent, guardian, or custodian and that the
 10 28 effort has been unavailing, the hearing may proceed without
 10 29 the notice having been served.
 10 30    4.  At the hearing to determine whether detention or
 10 31 shelter care is authorized under section 232.21 or 232.22 the
 10 32 court shall admit only testimony and other evidence relevant
 10 33 to the determination of whether there is probable cause to
 10 34 believe the child has committed the act as alleged in the
 10 35 petition and to the determination of whether the placement of
 11  1 the child in detention or shelter care is authorized under
 11  2 section 232.21 or 232.22.  At the hearing to determine whether
 11  3 a child who has been waived for prosecution as a youthful
 11  4 offender should be released from detention the court shall
 11  5 also admit evidence of the kind admissible to determine bond
 11  6 or bail under chapter 811, notwithstanding section 811.1.  Any
 11  7 written reports or records made available to the court at the
 11  8 hearing shall be made available to the parties.  A copy of the
 11  9 petition or waiver order shall be given to each of the parties
 11 10 at or before the hearing.
 11 11    5.  The court shall find release to be proper under the
 11 12 following circumstances:
 11 13    a.  If the court finds that there is not probable cause to
 11 14 believe that the child is a child within the jurisdiction of
 11 15 the court under this chapter, it shall release the child and
 11 16 dismiss the petition.
 11 17    b.  If the court finds that detention or shelter care is
 11 18 not authorized under section 232.21 or 232.22, or is
 11 19 authorized but not warranted in a particular case, the court
 11 20 shall order the child's release, and in so doing, may impose
 11 21 one or more of the following conditions:
 11 22    (1)  Place the child in the custody of a parent, guardian
 11 23 or custodian under that person's supervision, or under the
 11 24 supervision of an organization which agrees to supervise the
 11 25 child.
 11 26    (2)  Place restrictions on the child's travel, association,
 11 27 or place of residence during the period of release.
 11 28    (3)  Impose any other condition deemed reasonably necessary
 11 29 and consistent with the grounds for detaining children
 11 30 specified in section 232.21 or 232.22, including a condition
 11 31 requiring that the child return to custody as required.
 11 32    (4)  In the case of a child waived for prosecution as a
 11 33 youthful offender, require bail, an appearance bond, or set
 11 34 other conditions consistent with this section or section
 11 35 811.2.
 12  1    c.  An order releasing a child on conditions specified in
 12  2 this section may be amended at any time to impose equally or
 12  3 less restrictive conditions.  The order may be amended to
 12  4 impose additional or more restrictive conditions, or to revoke
 12  5 the release, if the child has failed to conform to the
 12  6 conditions originally imposed.
 12  7    6.  If the court finds that there is probable cause to
 12  8 believe that the child is within the jurisdiction of the court
 12  9 under this chapter and that full-time detention or shelter
 12 10 care is authorized under section 232.21 or 232.22 or that
 12 11 detention is authorized under section 232.23, it may issue an
 12 12 order authorizing either shelter care or detention until the
 12 13 adjudicatory hearing or trial is held or for a period not
 12 14 exceeding seven days, whichever is shorter.  However, in the
 12 15 case of a child placed in detention under section 232.23, this
 12 16 period may be extended by agreement of the parties and the
 12 17 court.
 12 18    7.  If a child held in shelter care or detention by court
 12 19 order has not been released after a detention hearing or has
 12 20 not appeared at an adjudicatory hearing before the expiration
 12 21 of the order of detention, an additional hearing shall
 12 22 automatically be scheduled for the next court day following
 12 23 the expiration of the order.  The child, the child's counsel,
 12 24 the child's guardian ad litem, and the child's parent,
 12 25 guardian or custodian shall be notified of this hearing not
 12 26 less than twenty-four hours before the hearing is scheduled to
 12 27 take place.  The hearing required by this subsection may be
 12 28 held by telephone conference call.
 12 29    8.  A child held in a detention or shelter care facility
 12 30 pursuant to section 232.21 or 232.22 under order of court
 12 31 after a hearing may be released upon a showing that a change
 12 32 of circumstances makes continued detention unnecessary.
 12 33    9.  A written request for the release of the child, setting
 12 34 forth the changed circumstances, may be filed by the child, by
 12 35 a responsible adult on the child's behalf, by the child's
 13  1 custodian, or by the juvenile court officer.
 13  2    10.  Based upon the facts stated in the request for release
 13  3 the court may grant or deny the request without a hearing, or
 13  4 may order that a hearing be held at a date, time and place
 13  5 determined by the court.  Notice of the hearing shall be given
 13  6 to the child and the child's custodian or counsel.  Upon
 13  7 receiving evidence at the hearing, the court may release the
 13  8 child to the child's custodian or other suitable person, or
 13  9 may deny the request and remand the child to the detention or
 13 10 shelter care facility.
 13 11    11.  This section does not apply to a child placed in
 13 12 accordance with section 232.78, 232.79, or 232.95.
 13 13    Sec. 20.  Section 232.45, subsection 1, Code 1997, is
 13 14 amended to read as follows:
 13 15    1.  After the filing of a petition which alleges that a
 13 16 child has committed a delinquent act on the basis of an
 13 17 alleged commission of a public offense and before an
 13 18 adjudicatory hearing on the merits of the petition is held,
 13 19 the county attorney or the child may file a motion requesting
 13 20 the court to waive its jurisdiction over the child for the
 13 21 alleged commission of the public offense or for purpose of
 13 22 prosecution of the child as an adult or a youthful offender.
 13 23 If the county attorney and the child agree, a motion for
 13 24 waiver for the purpose of being prosecuted as a youthful
 13 25 offender may be heard by the district court as part of the
 13 26 proceedings under section 907.3A, or by the juvenile court as
 13 27 provided in this section.  If the motion for waiver for
 13 28 purpose of being prosecuted as a youthful offender is made as
 13 29 a result of a conditional agreement between the county
 13 30 attorney and the child, the conditions of the agreement shall
 13 31 be disclosed to the court in the same manner as provided in
 13 32 rules 8 and 9 of the Iowa rules of criminal procedure.
 13 33    Sec. 21.  Section 232.45, Code 1997, is amended by adding
 13 34 the following new subsection:
 13 35    NEW SUBSECTION.  6A.  At the conclusion of the waiver
 14  1 hearing and after considering the best interests of the child
 14  2 and the best interests of the community the court may, in
 14  3 order that the child may be prosecuted as a youthful offender,
 14  4 waive its jurisdiction over the child if all of the following
 14  5 apply:
 14  6    a.  The child is fifteen years of age or younger.
 14  7    b.  The court determines, or has previously determined in a
 14  8 detention hearing under section 232.44, that there is probable
 14  9 cause to believe that the child has committed a delinquent act
 14 10 which would constitute a public offense under section 232.8,
 14 11 subsection 1, paragraph "c", notwithstanding the application
 14 12 of that paragraph to children aged sixteen or older.
 14 13    c.  The court determines that the state has established
 14 14 that there are not reasonable prospects for rehabilitating the
 14 15 child, prior to the child's eighteenth birthday, if the
 14 16 juvenile court retains jurisdiction over the child and the
 14 17 child enters into a plea agreement, is a party to a consent
 14 18 decree, or is adjudicated to have committed the delinquent
 14 19 act.
 14 20    The court shall retain jurisdiction over the child for the
 14 21 purpose of determining whether the child should be released
 14 22 from detention under section 232.23.  If the court has been
 14 23 apprised of conditions of an agreement between the county
 14 24 attorney and the child which resulted in a motion for waiver
 14 25 for purposes of the child being prosecuted as a youthful
 14 26 offender, and the court finds that the conditions are in the
 14 27 best interests of the child, the conditions of the agreement
 14 28 shall constitute conditions of the waiver order.
 14 29    Sec. 22.  Section 232.45, Code 1997, is amended by adding
 14 30 the following new subsection:
 14 31    NEW SUBSECTION.  7A.  In making the determination required
 14 32 by subsection 6A, paragraph "c", the factors which the court
 14 33 shall consider include but are not limited to the following:
 14 34    a.  The nature of the alleged delinquent act and the
 14 35 circumstances under which it was committed.
 15  1    b.  The nature and extent of the child's prior contacts
 15  2 with juvenile authorities, including past efforts of such
 15  3 authorities to treat and rehabilitate the child and the
 15  4 response to such efforts.
 15  5    c.  The age of the child, the programs, facilities, and
 15  6 personnel available to the juvenile court for rehabilitation
 15  7 and treatment of the child, and the programs, facilities, and
 15  8 personnel which would be available to the district court after
 15  9 the child reaches the age of eighteen in the event the child
 15 10 is given youthful offender status.
 15 11    Sec. 23.  Section 232.45, subsection 10, Code 1997, is
 15 12 amended to read as follows:
 15 13    10.  If the court waives its jurisdiction over the child
 15 14 for the alleged commission of the public offense so that the
 15 15 child may be prosecuted as an adult or a youthful offender,
 15 16 the judge who made the waiver decision shall not preside at
 15 17 any subsequent proceedings in connection with that prosecution
 15 18 if the child objects.
 15 19    Sec. 24.  Section 232.45A, Code 1997, is amended by adding
 15 20 the following new subsection:
 15 21    NEW SUBSECTION.  4.  This section shall not apply to a
 15 22 child who was waived to the district court for the purpose of
 15 23 being prosecuted as a youthful offender.
 15 24    Sec. 25.  Section 232.50, subsection 1, Code 1997, is
 15 25 amended to read as follows:
 15 26    1.  As soon as practicable following the entry of an order
 15 27 of adjudication pursuant to section 232.47 or notification
 15 28 that the child has received a youthful offender deferred
 15 29 sentence pursuant to section 907.3A, the court shall hold a
 15 30 dispositional hearing in order to determine what disposition
 15 31 should be made of the matter.
 15 32    Sec. 26.  Section 232.52, subsection 1, Code 1997, is
 15 33 amended to read as follows:
 15 34    1.  Pursuant to a hearing as provided in section 232.50,
 15 35 the court shall enter the least restrictive dispositional
 16  1 order appropriate in view of the seriousness of the delinquent
 16  2 act, the child's culpability as indicated by the circumstances
 16  3 of the particular case, the age of the child, and the child's
 16  4 prior record, or the fact that the child has received a
 16  5 youthful offender deferred sentence under section 907.3A.  The
 16  6 order shall specify the duration and the nature of the
 16  7 disposition, including the type of residence or confinement
 16  8 ordered and the individual, agency, department or facility in
 16  9 whom custody is vested.  In the case of a child who has
 16 10 received a youthful offender deferred sentence, the initial
 16 11 duration of the dispositional order shall be until the child
 16 12 reaches the age of eighteen.
 16 13    Sec. 27.  Section 232.52, subsection 2, paragraph g, Code
 16 14 1997, is amended to read as follows:
 16 15    g.  An order placing a child, other than a child who has
 16 16 committed a violation of section 123.47, in secure custody for
 16 17 not more than two days in a facility under section 232.22,
 16 18 subsection 2, paragraph "a" or "b".
 16 19    Sec. 28.  Section 232.54, Code 1997, is amended by adding
 16 20 the following new subsections:
 16 21    NEW SUBSECTION.  7.  With respect to a juvenile court
 16 22 dispositional order entered regarding a child who has received
 16 23 a youthful offender deferred sentence under section 907.3A,
 16 24 the dispositional order may be terminated prior to the child
 16 25 reaching the age of eighteen upon motion of the child, the
 16 26 person or agency to whom custody of the child has been
 16 27 transferred, or the county attorney following a hearing before
 16 28 the juvenile court if it is shown by clear and convincing
 16 29 evidence that it is in the best interests of the child and the
 16 30 community to terminate the order.  The hearing may be waived
 16 31 if all parties to the proceeding agree.  The dispositional
 16 32 order regarding a child who has received a youthful offender
 16 33 deferred sentence may also be terminated prior to the child
 16 34 reaching the age of eighteen upon motion of the county
 16 35 attorney, if the waiver of the child to district court was
 17  1 conditioned upon the terms of an agreement between the county
 17  2 attorney and the child violates the terms of the agreement
 17  3 after the waiver order has been entered.  The district court
 17  4 shall discharge the child's youthful offender status upon
 17  5 receiving a termination order under this section.
 17  6    NEW SUBSECTION.  8.  With respect to a dispositional order
 17  7 entered regarding a child who has received a youthful offender
 17  8 deferred sentence under section 907.3A, the juvenile court
 17  9 may, in the case of a child who violates the terms of the
 17 10 order, modify or terminate the order in accordance with the
 17 11 following:
 17 12    a.  After notice and hearing at which the facts of the
 17 13 child's violation of the terms of the order are found, the
 17 14 juvenile court may refuse to modify the order, modify the
 17 15 order and impose a more restrictive order, or, after an
 17 16 assessment of the child by a juvenile court officer in
 17 17 consultation with the judicial district department of
 17 18 correctional services and if the child is age fourteen or
 17 19 over, terminate the order and return the child to the
 17 20 supervision of the district court under chapter 907.
 17 21    b.  The juvenile court shall only terminate an order under
 17 22 this subsection if after considering the best interests of the
 17 23 child and the best interests of the community the court finds
 17 24 that the child should be returned to the supervision of the
 17 25 district court.
 17 26    c.  A youthful offender over whom the juvenile court has
 17 27 terminated the dispositional order under this subsection shall
 17 28 be treated in the manner of an adult who has been arrested for
 17 29 a violation of probation under section 908.11 for sentencing
 17 30 purposes only.
 17 31    Sec. 29.  Section 232.55, Code 1997, is amended by adding
 17 32 the following new unnumbered paragraph:
 17 33    NEW UNNUMBERED PARAGRAPH.  This section does not apply to
 17 34 dispositional orders entered regarding a child who has
 17 35 received a youthful offender deferred sentence under section
 18  1 907.3A who is not discharged from probation before or upon the
 18  2 child's eighteenth birthday.
 18  3    Sec. 30.  NEW SECTION.  232.56  YOUTHFUL OFFENDERS –
 18  4 TRANSFER TO DISTRICT COURT SUPERVISION.
 18  5    The juvenile court shall deliver a report, which includes
 18  6 an assessment of the child by a juvenile court officer after
 18  7 consulting with the judicial district department of
 18  8 correctional services, to the district court prior to the
 18  9 eighteenth birthday of a child who has received a youthful
 18 10 offender deferred sentence under section 907.3A.  A hearing
 18 11 shall be held in the district court in accordance with section
 18 12 907.3A to determine whether the child should be discharged
 18 13 from youthful offender status or whether the child shall
 18 14 continue under the supervision of the district court after the
 18 15 child's eighteenth birthday.
 18 16    Sec. 31.  Section 232.141, subsection 3, paragraph c, Code
 18 17 1997, is amended to read as follows:
 18 18    c.  Costs incurred under subsection 2 which are not paid by
 18 19 the county under paragraphs "a" and "b" shall be reimbursed by
 18 20 the state.  Reimbursement for the costs of compensation of an
 18 21 attorney appointed by the court to serve as counsel or
 18 22 guardian ad litem shall be made as provided in section 815.7.
 18 23 A county shall apply for reimbursement to the department of
 18 24 inspections and appeals which shall prescribe rules and forms
 18 25 to implement this subsection.
 18 26    Sec. 32.  Section 232.148, subsection 2, Code 1997, is
 18 27 amended to read as follows:
 18 28    2.  Fingerprints and photographs of a child who has been
 18 29 taken into custody and who is fourteen years of age or older
 18 30 may be taken and filed by a criminal or juvenile justice
 18 31 agency investigating the commission of a public offense other
 18 32 than a simple or serious misdemeanor.  The criminal or
 18 33 juvenile justice agency shall forward the fingerprints to the
 18 34 department of public safety for inclusion in the automated
 18 35 fingerprint identification system and may also retain a copy
 19  1 of the fingerprint card for comparison with latent
 19  2 fingerprints and the identification of repeat offenders.
 19  3    Sec. 33.  Section 232.148, subsection 5, paragraph b, Code
 19  4 1997, is amended to read as follows:
 19  5    b.  After a petition is filed, the petition is dismissed or
 19  6 the proceedings are suspended and the child has not entered
 19  7 into a consent decree, and has not been adjudicated delinquent
 19  8 on the basis of a delinquent act other than one alleged in the
 19  9 petition in question, or has not been placed on youthful
 19 10 offender status.
 19 11    Sec. 34.  Section 232.149, subsection 2, Code 1997, is
 19 12 amended to read as follows:
 19 13    2.  Records and files of a criminal or juvenile justice
 19 14 agency concerning a child involved in a delinquent act are
 19 15 public records, except that a criminal or juvenile justice
 19 16 agency shall not release the name of a child until a complaint
 19 17 is filed pursuant to section 232.28 and criminal history data
 19 18 is, intelligence data, and law enforcement investigatory files
 19 19 is subject to the provisions of section 22.7 and chapter 692
 19 20 and juvenile court social records, as defined in section
 19 21 232.2, subsection 31, shall be deemed confidential criminal
 19 22 identification files under section 22.7, subsection 9.  The
 19 23 records are subject to sealing under section 232.150 unless
 19 24 the juvenile court waives its jurisdiction over the child so
 19 25 that the child may be prosecuted as an adult for a public
 19 26 offense.
 19 27    Sec. 35.  Section 232.149, Code 1997, is amended by adding
 19 28 the following new subsection:
 19 29    NEW SUBSECTION.  3.  Notwithstanding subsection 2, if a
 19 30 juvenile who has been placed in detention under section
 19 31 232.22, escapes from the facility, the criminal or juvenile
 19 32 justice agency may release the name of the juvenile, the facts
 19 33 surrounding the escape, and the offense or alleged offense
 19 34 which resulted in the placement of the juvenile in the
 19 35 facility.
 20  1    Sec. 36.  Section 232.150, subsection 1, Code 1997, is
 20  2 amended by adding the following new paragraph:
 20  3    NEW PARAGRAPH.  c.  The person was not placed on youthful
 20  4 offender status, transferred back to district court after the
 20  5 youthful offender's eighteenth birthday, and sentenced for the
 20  6 offense which precipitated the youthful offender placement.
 20  7    Sec. 37.  NEW SECTION.  279.9B  REPORTS TO JUVENILE
 20  8 AUTHORITIES.
 20  9    The rules adopted under section 279.8 shall require, once
 20 10 school officials have been notified by a juvenile court
 20 11 officer that a student attending the school is under
 20 12 supervision or has been placed on probation, that school
 20 13 officials shall notify the juvenile court of each unexcused
 20 14 absence or suspension or expulsion of the student.
 20 15    Sec. 38.  NEW SECTION.  280.24  PROCEDURES FOR REPORTING
 20 16 DRUG OR ALCOHOL POSSESSION OR USE.
 20 17    The board of directors of each public school and the
 20 18 authorities in charge of each accredited nonpublic school
 20 19 shall prescribe procedures to report any use or possession of
 20 20 alcoholic liquor, wine, or beer or any controlled substance on
 20 21 school premises to local law enforcement agencies, if the use
 20 22 or possession is in violation of school policy or state law.
 20 23 The procedures may include a provision which does not require
 20 24 a report when the school officials have determined that a
 20 25 school at-risk or other student assistance program would be
 20 26 jeopardized if a student self reports.
 20 27    Sec. 39.  NEW SECTION.  280.25  INFORMATION SHARING.
 20 28    The board of directors of each public school and the
 20 29 authorities in charge of each accredited nonpublic school
 20 30 shall adopt a policy and the superintendent of each public
 20 31 school shall adopt rules which provide that the school
 20 32 district or school may share information contained within a
 20 33 student's permanent record pursuant to an interagency
 20 34 agreement with state and local agencies that are part of the
 20 35 juvenile justice system including the juvenile court, the
 21  1 department of human services, and local law enforcement
 21  2 authorities.  The disclosure of information shall be directly
 21  3 related to the juvenile justice system's ability to
 21  4 effectively serve, prior to adjudication, the student whose
 21  5 records are being released.  The purpose of the agreement
 21  6 shall be to reduce juvenile crime by promoting cooperation and
 21  7 collaboration and the sharing of appropriate information
 21  8 between the parties in a joint effort to improve school
 21  9 safety, reduce alcohol and illegal drug use, reduce truancy,
 21 10 reduce in-school and out-of-school suspensions, and to support
 21 11 alternatives to in-school and out-of-school suspensions and
 21 12 expulsions which provide structured and well-supervised
 21 13 educational programs supplemented by coordinated and
 21 14 appropriate services designed to correct behaviors that lead
 21 15 to truancy, suspension, and expulsions and to support students
 21 16 in successfully completing their education.  Information
 21 17 shared under the agreement shall be used solely for
 21 18 determining the programs and services appropriate to the needs
 21 19 of the juvenile or the juvenile's family, or coordinating the
 21 20 delivery of programs and services to the juvenile or the
 21 21 juvenile's family.  Information shared under the agreement is
 21 22 not admissible in any court proceedings which take place prior
 21 23 to a disposition hearing, unless written consent is obtained
 21 24 from a student's parent, guardian, or legal or actual
 21 25 custodian.  The interagency agreement shall provide, and each
 21 26 signatory agency to the agreement shall certify in the
 21 27 agreement, that confidential information shared between the
 21 28 parties to the agreement shall remain confidential and shall
 21 29 not be shared with any other person, unless otherwise provided
 21 30 by law.
 21 31    A school or school district entering into an interagency
 21 32 agreement under this section shall adopt a policy implementing
 21 33 the provisions of the interagency agreement.  The policy shall
 21 34 include, but not be limited to, the provisions of the
 21 35 interagency agreement and the procedures to be used by the
 22  1 school or school district to share information from the
 22  2 student's permanent record with participating agencies.  The
 22  3 policy shall be published in the student handbook.
 22  4    Sec. 40.  Section 321.216B, Code 1997, is amended to read
 22  5 as follows:
 22  6    321.216B  USE OF MOTOR VEHICLE LICENSE OR NONOPERATOR'S
 22  7 IDENTIFICATION CARD BY UNDERAGE PERSON TO OBTAIN ALCOHOL.
 22  8    A person who is under the age of twenty-one, who alters or
 22  9 displays or has in the person's possession a fictitious or
 22 10 fraudulently altered motor vehicle license or nonoperator's
 22 11 identification card and who uses the license to violate or
 22 12 attempt to violate section 123.47 or 123.47A, commits a simple
 22 13 misdemeanor punishable by a fine of one hundred dollars.  The
 22 14 court shall forward a copy of the conviction or order of
 22 15 adjudication under section 232.47 to the department.
 22 16    Sec. 41.  Section 331.653, subsection 4, Code 1997, is
 22 17 amended to read as follows:
 22 18    4.  Provide bailiff and other law enforcement service to
 22 19 the district judges, district associate judges, and associate
 22 20 juvenile judges, and judicial magistrates of the county upon
 22 21 request.
 22 22    Sec. 42.  Section 331.653, subsection 58, Code 1997, is
 22 23 amended to read as follows:
 22 24    58.  Report information on crimes committed and delinquent
 22 25 acts committed, which would be an a serious or aggravated
 22 26 misdemeanor or felony if committed by an adult, and furnish
 22 27 disposition reports on persons arrested and juveniles taken
 22 28 into custody, for a delinquent act which would be an a serious
 22 29 or aggravated misdemeanor or felony if committed by an adult,
 22 30 and criminal complaints or information or juvenile delinquency
 22 31 petitions, alleging a delinquent act which would be an a
 22 32 serious or aggravated misdemeanor or felony if committed by an
 22 33 adult, filed in any court as provided in section 692.15.
 22 34    Sec. 43.  Section 602.1211, subsection 4, Code 1997, is
 22 35 amended to read as follows:
 23  1    4.  A chief judge may designate other public officers to
 23  2 accept bond money or security under section 232.23 or 811.2 at
 23  3 times when the office of the clerk of court is not open.
 23  4    Sec. 44.  Section 602.6110, Code 1997, is amended to read
 23  5 as follows:
 23  6    602.6110  PEER REVIEW COURT – PILOT PROJECTS.
 23  7    1.  A peer review court is may be established as a pilot
 23  8 program in each judicial district to divert certain youthful
 23  9 offenders from the criminal or juvenile justice systems.  The
 23 10 court shall consist of a qualified adult to act as judge with
 23 11 while the duties of prosecutor, defense counsel, court
 23 12 attendant, clerk, and jury composed of shall be performed by
 23 13 persons ten twelve through seventeen years of age.
 23 14    2.  The jurisdiction of the peer review court extends to
 23 15 those persons ten through seventeen years of age who have
 23 16 committed misdemeanor offenses, or delinquent acts which would
 23 17 be misdemeanor offenses if committed by an adult, and who have
 23 18 entered a plea of guilty who have admitted involvement in the
 23 19 misdemeanor or delinquent act, entered and who meet the
 23 20 criteria established for entering into an informal adjustment
 23 21 agreement, or agreed to the entry of a consent decree to for
 23 22 those offenses in district or juvenile court.  Those persons
 23 23 may then elect to appear before the peer review court to
 23 24 receive sentence for a determination of the terms and
 23 25 conditions of the informal adjustment or may elect to proceed
 23 26 with the informal or formal procedures established in chapter
 23 27 232.
 23 28    3.  The peer review court shall not determine guilt or
 23 29 innocence and any statements or admissions made by the person
 23 30 before the peer review court are not admissible in any formal
 23 31 proceedings involving the same person.  The peer review court
 23 32 shall only determine the sentence for terms and conditions of
 23 33 the informal adjustment for the offense.  The sentence terms
 23 34 and conditions may consist of fines, restrictions for damages,
 23 35 attendance at treatment programs, or community service work or
 24  1 any combination of these penalties as appropriate to the
 24  2 offense or delinquent act committed.  A person appearing
 24  3 before the peer review court may also be required to serve as
 24  4 a juror on the court as a part of the person's sentence.
 24  5    3. 4.  Subject to the agreement of the chief judge of the
 24  6 judicial district, the supreme court shall designate two
 24  7 judicial districts in which to locate a peer review court
 24  8 pilot project.  The chief judge of the each judicial district
 24  9 which establishes a peer review court shall appoint a peer
 24 10 review court advisory board.  The advisory board shall adopt
 24 11 rules for the peer review court advisory program, shall
 24 12 appoint persons to serve on the peer review court, and shall
 24 13 supervise the expenditure of funds appropriated to the
 24 14 program.  Rules adopted shall include procedures which are
 24 15 designed to eliminate the influence of prejudice and racial
 24 16 and economic discrimination in the procedures and decisions of
 24 17 the peer review court.
 24 18    Sec. 45.  Section 602.8102, subsection 125, Code 1997, is
 24 19 amended to read as follows:
 24 20    125.  Furnish a disposition of each criminal complaint or
 24 21 information or juvenile delinquency petition, alleging a
 24 22 delinquent act which would be an a serious or aggravated
 24 23 misdemeanor or felony if committed by an adult, filed in the
 24 24 district or juvenile court to the department of public safety
 24 25 as provided in section 692.15.
 24 26    Sec. 46.  Section 692.1, subsections 1 and 9, Code 1997,
 24 27 are amended to read as follows:
 24 28    1.  "Adjudication data" means information that an
 24 29 adjudication of delinquency for an act which would be an a
 24 30 serious or aggravated misdemeanor or felony if committed by an
 24 31 adult was entered against a juvenile and includes the date and
 24 32 location of the delinquent act and the place and court of
 24 33 adjudication.
 24 34    9.  "Custody data" means information pertaining to the
 24 35 taking into custody, pursuant to section 232.19, of a juvenile
 25  1 for a delinquent act which would be an a serious or aggravated
 25  2 misdemeanor or felony if committed by an adult, and includes
 25  3 the date, time, place, and facts and circumstances of the
 25  4 delinquent act.  Custody data includes warrants for the taking
 25  5 into custody for all delinquent acts outstanding and not
 25  6 served and includes the filing of a petition pursuant to
 25  7 section 232.35, the date and place of the alleged delinquent
 25  8 act, and the county of jurisdiction.
 25  9    Sec. 47.  Section 724.26, Code 1997, is amended to read as
 25 10 follows:
 25 11    724.26  RECEIPT, TRANSPORTATION, AND DOMINION AND CONTROL
 25 12 OF FIREARMS AND OFFENSIVE WEAPONS BY FELONS.
 25 13    A person who is convicted of a felony in a state or federal
 25 14 court, or who is adjudicated delinquent on the basis of
 25 15 conduct that would constitute a felony if committed by an
 25 16 adult, and who knowingly has under the person's dominion and
 25 17 control, receives, or transports or causes to be transported a
 25 18 firearm or offensive weapon is guilty of a class "D" felony.
 25 19    Sec. 48.  Section 805.8, subsection 10, paragraphs a and b,
 25 20 Code 1997, are amended by striking the paragraphs.
 25 21    Sec. 49.  Section 805.16, subsection 1, Code 1997, is
 25 22 amended to read as follows:
 25 23    1.  Except as provided in subsection 2 of this section, a
 25 24 peace officer shall issue a police citation or uniform
 25 25 citation and complaint, in lieu of making a warrantless
 25 26 arrest, to a person under eighteen years of age accused of
 25 27 committing a simple misdemeanor under chapter 321, 321G, 461A,
 25 28 461B, 462A, 481A, 481B, 483A, 484A, 484B, section 123.47, or a
 25 29 local ordinance not subject to the jurisdiction of the
 25 30 juvenile court, and shall not detain or confine the person in
 25 31 a facility regulated under chapter 356 or 356A.
 25 32    Sec. 50.  Section 815.7, Code 1997, is amended to read as
 25 33 follows:
 25 34    815.7  FEES TO ATTORNEYS.
 25 35    An attorney who has not entered into a contract authorized
 26  1 under section 13B.4 and who is appointed by the court to
 26  2 represent any person charged with a crime in this state or to
 26  3 serve as counsel or guardian ad litem to a person in juvenile
 26  4 court in this state shall be entitled to a reasonable
 26  5 compensation which shall be the ordinary and customary charges
 26  6 for like services in the community to be decided in each case
 26  7 by a judge of the district court or of the juvenile court, as
 26  8 applicable, including such sum or sums as the court may
 26  9 determine are necessary for investigation in the interests of
 26 10 justice and in the event of appeal the cost of obtaining the
 26 11 transcript of the trial and the printing of the trial record
 26 12 and necessary briefs in behalf of the defendant.  However, the
 26 13 reasonable compensation awarded an attorney shall not be
 26 14 calculated based upon an hourly rate that exceeds the rate a
 26 15 contract attorney as provided in section 13B.4 would receive
 26 16 in a similar case.  Such attorney need not follow the case
 26 17 into another county or into the appellate court unless so
 26 18 directed by the court at the request of the defendant, where
 26 19 grounds for further litigation are not capricious or
 26 20 unreasonable, but if such attorney does so, the attorney's fee
 26 21 shall be determined accordingly.  Only one attorney fee shall
 26 22 be so awarded in any one case except that in class "A" felony
 26 23 cases, two may be authorized.
 26 24    Sec. 51.  NEW SECTION.  907.3A  YOUTHFUL OFFENDER DEFERRED
 26 25 SENTENCE – YOUTHFUL OFFENDER STATUS.
 26 26    1.  Notwithstanding section 907.3 but subject to any
 26 27 conditions of the waiver order, the trial court shall, upon a
 26 28 plea of guilty or a verdict of guilty, defer sentence of a
 26 29 youthful offender over whom the juvenile court has waived
 26 30 jurisdiction pursuant to section 232.45, subsection 6A, and
 26 31 place the juvenile on youthful offender status.  The court
 26 32 shall transfer supervision of the youthful offender to the
 26 33 juvenile court for disposition in accordance with section
 26 34 232.52.  The court shall require supervision of the youthful
 26 35 offender in accordance with section 232.54, subsection 8 or
 27  1 subsection 2, of this section.  Notwithstanding section 901.2,
 27  2 a presentence investigation shall not be ordered by the court
 27  3 subsequent to an entry of a plea of guilty or verdict of
 27  4 guilty or prior to deferral of sentence of a youthful offender
 27  5 under this section.
 27  6    2.  The court shall hold a hearing prior to a youthful
 27  7 offender's eighteenth birthday to determine whether the
 27  8 youthful offender shall continue on youthful offender status
 27  9 after the youthful offender's eighteenth birthday under the
 27 10 supervision of the court or be discharged.  The court shall
 27 11 review the report of the juvenile court regarding the youthful
 27 12 offender and shall hear evidence by or on behalf of the
 27 13 youthful offender, by the county attorney, and by the person
 27 14 or agency to whom custody of the youthful offender was
 27 15 transferred.  The court shall make its decision after
 27 16 considering the services available to the youthful offender,
 27 17 the evidence presented, the juvenile court's report, the
 27 18 interests of the youthful offender, and interests of the
 27 19 community.
 27 20    3.  Notwithstanding any provision of the Code which
 27 21 prescribes a mandatory minimum sentence for the offense
 27 22 committed by the youthful offender, following transfer of the
 27 23 youthful offender from the juvenile court back to the court
 27 24 having jurisdiction over the criminal proceedings involving
 27 25 the youthful offender, the court may continue the youthful
 27 26 offender deferred sentence or enter a sentence, which may be a
 27 27 suspended sentence.  Notwithstanding anything in section 907.7
 27 28 to the contrary, if the district court either continues the
 27 29 youthful offender deferred sentence or enters a sentence,
 27 30 suspends the sentence, and places the youthful offender on
 27 31 probation, the term of formal supervision shall commence upon
 27 32 entry of the order by the district court and may continue for
 27 33 a period not to exceed five years.  If the district court
 27 34 enters a sentence of confinement, and the youthful offender
 27 35 was previously placed in secure confinement by the juvenile
 28  1 court under the terms of the initial disposition order or any
 28  2 modification to the initial disposition order, the person
 28  3 shall receive credit for any time spent in secure confinement.
 28  4 During any period of probation imposed by the district court,
 28  5 a youthful offender who violates the terms of probation is
 28  6 subject to section 908.11.
 28  7    Sec. 52.  Section 908.11, Code 1997, is amended to read as
 28  8 follows:
 28  9    908.11  VIOLATION OF PROBATION.
 28 10    A probation officer or the judicial district department of
 28 11 correctional services having probable cause to believe that
 28 12 any person released on probation has violated the conditions
 28 13 of probation shall proceed by arrest or summons as in the case
 28 14 of a parole violation.  The functions of the liaison officer
 28 15 and the board of parole shall be performed by the judge or
 28 16 magistrate who placed the alleged violator on probation if
 28 17 that judge or magistrate is available, otherwise by another
 28 18 judge or magistrate who would have had jurisdiction to try the
 28 19 original offense.  If the probation officer proceeds by
 28 20 arrest, any magistrate may receive the complaint, issue an
 28 21 arrest warrant, or conduct the initial appearance and probable
 28 22 cause hearing if it is not convenient for the judge who placed
 28 23 the alleged violator on probation to do so.  The initial
 28 24 appearance, probable cause hearing, and probation revocation
 28 25 hearing, or any of them, may at the discretion of the court be
 28 26 merged into a single hearing when it appears that the alleged
 28 27 violator will not be prejudiced thereby.  If the violation is
 28 28 established, the court may continue the probation or youthful
 28 29 offender status with or without an alteration of the
 28 30 conditions of probation or a youthful offender status.  If the
 28 31 defendant is an adult or a youthful offender the court may
 28 32 hold the defendant in contempt of court and sentence the
 28 33 defendant to a jail term while continuing the probation or
 28 34 youthful offender status, order the defendant to be placed in
 28 35 a violator facility established pursuant to section 904.207
 29  1 while continuing the probation or youthful offender status, or
 29  2 revoke the probation or youthful offender status and require
 29  3 the defendant to serve the sentence imposed or any lesser
 29  4 sentence, and, if imposition of sentence was deferred, may
 29  5 impose any sentence which might originally have been imposed.
 29  6    Sec. 53.  Section 910A.5, subsection 3, Code 1997, is
 29  7 amended to read as follows:
 29  8    3.  If a complaint is filed under section 232.28, alleging
 29  9 a child has committed a delinquent act, the alleged victim may
 29 10 file a signed victim impact statement with the juvenile court
 29 11 as provided by section 232.28.  The victim impact statement
 29 12 shall be considered by the court and the juvenile court
 29 13 officer handling the complaint in any proceeding or informal
 29 14 adjustment associated with the complaint.  Unless the matter
 29 15 is disposed of at the preliminary inquiry conducted by the
 29 16 intake officer under section 232.28, the victim may also be
 29 17 allowed to orally present the victim impact statement.
 29 18    Sec. 54.  Section 123.47A, Code 1997, is repealed.
 29 19    Sec. 55.  JUVENILE JUSTICE INTERIM STUDY.  The legislative
 29 20 council is requested to establish an interim study committee
 29 21 consisting of members of both political parties from both
 29 22 houses of the general assembly to review and consider the need
 29 23 for improvements in the laws and programs established to
 29 24 reform juvenile delinquents and reduce juvenile crime.  The
 29 25 study may include but is not limited to the review of the need
 29 26 for improvements in the current juvenile justice system, the
 29 27 youthful offender program, the programs established to combat
 29 28 substance abuse by juveniles, and the coordination of programs
 29 29 and information between the juvenile and adult criminal
 29 30 justice systems.  The committee shall submit its findings,
 29 31 together with any recommendations, in a report to the general
 29 32 assembly which convenes in January 1998.  
 29 33 
 29 34 
 29 35                                                             
 30  1                               MARY E. KRAMER
 30  2                               President of the Senate
 30  3 
 30  4 
 30  5                                                             
 30  6                               RON J. CORBETT
 30  7                               Speaker of the House
 30  8 
 30  9    I hereby certify that this bill originated in the Senate and
 30 10 is known as Senate File 515, Seventy-seventh General Assembly.
 30 11 
 30 12 
 30 13                                                             
 30 14                               MARY PAT GUNDERSON
 30 15                               Secretary of the Senate
 30 16 Approved                , 1997
 30 17 
 30 18 
 30 19                         
 30 20 TERRY E. BRANSTAD
 30 21 Governor
     
Text: SF00514                           Text: SF00516
Text: SF00500 - SF00599                 Text: SF Index
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