Text: SSB00153 Text: SSB00155 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 123.47A, Code 1997, is amended to read 1 2 as follows: 1 3 123.47A PERSONS AGE EIGHTEEN, NINETEEN, AND TWENTY – 1 4 PENALTY. 1 5 1. A person shall not sell, give, or otherwise supply 1 6 alcoholic liquor, wine, or beer to any person knowing or 1 7 having reasonable cause to believe that the person is age 1 8 eighteen, nineteen, or twenty. 1 9 2. A person age eighteen, nineteen, or twenty shall not 1 10 purchase, attempt to purchase, or possess alcoholic liquor, 1 11 wine, or beer.However1 12 3. Notwithstanding subsections 1 and 2, a person age 1 13 eighteen, nineteen, or twenty maypossess alcoholic liquor,1 14wine, or beer given to the person withindo any of the 1 15 following: 1 16 a. Possess alcoholic liquor, wine, or beer given to the 1 17 person within a private home with the knowledge, presence, and 1 18 consent of the person's parent or guardian, or with the 1 19 signed, written consent of the parent or guardian specifying 1 20 the date and place for the consumption and displayed by the 1 21 person upon demand, and a person age eighteen, nineteen, or1 22twenty may handle. 1 23 b. Handle alcoholic liquor, wine, and beer during the 1 24 course of the person's employment by a liquor control 1 25 licensee, or wine or beer permittee. 1 26 4. a. A person age eighteen, nineteen, or twenty, other 1 27 than a licensee or permittee, who commitsa firstan offense 1 28 under this section commits a scheduled violation of section 1 29 805.8, subsection 10.A person, other than a licensee or1 30permittee, who commits a second or subsequent violation of1 31this section, commits a simple misdemeanor.1 32 b. A person, other than a person age eighteen, nineteen, 1 33 or twenty or a licensee or permittee, who commits an offense 1 34 under this section commits a serious misdemeanor. 1 35 c. A licensee or permittee who violates this section with 2 1 respect to a person who is age nineteen or twenty is guilty of 2 2 a simple misdemeanor punishable by a fine of not more than 2 3 fifty dollars. The penalty provided under this section 2 4 against a licensee or permittee who violates this section with 2 5 respect to a person who is age nineteen or twenty is the only 2 6 penalty which shall be imposed against a licensee or permittee 2 7 who violates this section. 2 8 d. A licensee or permittee who violates this section with 2 9 respect to a person who is age eighteen commits a simple 2 10 misdemeanor, and is subject to the criminal and civil 2 11 penalties provided pursuant to sections 123.49 and 123.50 with 2 12 respect to selling, giving, or otherwise supplying alcoholic 2 13 beverages, liquor, wine, or beer to persons under legal age. 2 142. For the purpose of determining if a violation charged2 15is a second or subsequent offense, a conviction or plea of2 16guilty to a violation of this section shall be counted as a2 17previous offense.2 18 Sec. 2. Section 123.50, subsection 4, Code 1997, is 2 19 amended to read as follows: 2 20 4. A person, other than a licensee or permittee or a 2 21 minor, who violates section 123.47 is guilty of a serious 2 22 misdemeanorpunishable by a minimum fine of one hundred2 23dollars for a first offense, two hundred and fifty dollars for2 24a second offense, and five hundred dollars for a third and2 25subsequent offense, and a maximum fine for any offense of not2 26more than one thousand dollars. 2 27 Sec. 3. Section 232.8, subsection 3, Code 1997, is amended 2 28 to read as follows: 2 29 3. The juvenile court, after a hearing and in accordance 2 30 with the provisions of section 232.45, may waive jurisdiction 2 31 of a child alleged to have committed a public offense so that 2 32 the child may be prosecuted as an adult or youthful offender 2 33 for such offense in another court. If the child, except a 2 34 child being prosecuted as a youthful offender, pleads guilty 2 35 or is found guilty of a public offense in another court of 3 1 this state that court may, with the consent of the child, 3 2 defer judgment and without regard to restrictions placed upon 3 3 deferred judgments for adults, place the child on probation 3 4 for a period of not less than one year upon such conditions as 3 5 it may require. Upon fulfillment of the conditions of 3 6 probation the child shall be discharged without entry of 3 7 judgment. 3 8 Sec. 4. Section 232.19, subsection 2, Code 1997, is 3 9 amended to read as follows: 3 10 2. When a child is taken into custody as provided in 3 11 subsection 1 the person taking the child into custody shall 3 12 notify the child's parent, guardian, or custodian as soon as 3 13 possible and shall not place bodily restraints, such as 3 14 handcuffs, on the child unless the child physically resists; 3 15orthreatens physical violence when being taken into custody; 3 16 is being taken into custody for an alleged delinquent act of 3 17 violence against a person; or when, in the reasonable judgment 3 18 of the officer, the child presents a risk of injury to the 3 19 child or others.However, if the child is thirteen years of3 20age or older, the child may be restrained by metal handcuffs3 21only, for the purpose of transportation in a vehicle which is3 22not equipped with a rear seat cage for prisoner transport and3 23if the child is being taken into custody for an alleged3 24delinquent act of violence against a person.The child may 3 25 also be restrained by handcuffs or other restraints at any 3 26 time after the child is taken into custody if the child has a 3 27 known history of physical violence to others. Unless the 3 28 child is placed in shelter care or detention in accordance 3 29 with the provisions of section 232.21 or 232.22, the child 3 30 shall be released to the child's parent, guardian, custodian, 3 31 responsible adult relative, or other adult approved by the 3 32 court upon the promise of such person to produce the child in 3 33 court at such time as the court may direct. 3 34 Sec. 5. Section 232.19, Code 1997, is amended by adding 3 35 the following new subsection: 4 1 NEW SUBSECTION. 4. Information pertaining to a child 4 2 taken into custody for a delinquent act which would be a 4 3 public offense is a public record and is not confidential 4 4 under section 232.147. 4 5 Sec. 6. NEW SECTION. 232.23 DETENTION – YOUTHFUL 4 6 OFFENDERS. 4 7 1. After waiver of a child who will be prosecuted as a 4 8 youthful offender, the child shall be held in a facility under 4 9 section 232.22, subsection 2, paragraph "a" or "b", unless 4 10 released in accordance with subsection 2. 4 11 2. a. The court shall determine, at the detention hearing 4 12 under section 232.44, the amount of bail, appearance bond, or 4 13 other conditions necessary for a child who has been waived for 4 14 prosecution as a youthful offender to be released from 4 15 detention or that the child should not be released from 4 16 detention. 4 17 b. A child placed in detention or released under this 4 18 subsection shall be supervised by a juvenile court officer or 4 19 juvenile court services personnel. 4 20 c. An order under this section may be reviewed by the 4 21 court upon motion of either party. 4 22 Sec. 7. Section 232.28, subsection 10, Code 1997, is 4 23 amended to read as follows: 4 24 10. A complaint filed with the court or its designee 4 25 pursuant to this section which alleges that a child has 4 26 committed a delinquent act which if committed by an adult 4 27 would bean aggravated misdemeanor or a felony shall bea 4 28 public offense is a public record and shall not be 4 29 confidential under section 232.147. The court, its designee, 4 30 or law enforcement officials are authorized to release the 4 31 complaint, including the identity of the child named in the 4 32 complaint. 4 33 Sec. 8. Section 232.44, Code 1997, is amended to read as 4 34 follows: 4 35 232.44 DETENTION OR SHELTER CARE HEARING – RELEASE FROM 5 1 DETENTION UPON CHANGE OF CIRCUMSTANCE. 5 2 1. A hearing shall be held within forty-eight hours, 5 3 excluding Saturdays, Sundays, and legal holidays, of the time 5 4 of the child's admission to a shelter care facility, and 5 5 within twenty-four hours, excluding Saturdays, Sundays, and 5 6 legal holidays, of the time of a child's admission to a 5 7 detention facility. If the hearing is not held within the 5 8 time specified, the child shall be released from shelter care 5 9 or detention. Prior to the hearing a petition shall be filed, 5 10 except where the child is already under the supervision of a 5 11 juvenile court under a prior judgment. 5 12 If the child is placed in a detention facility in a county 5 13 other than the county in which the child resides or in which 5 14 the delinquent act allegedly occurred but which is within the 5 15 same judicial district, the hearing may take place in the 5 16 county in which the detention facility is located. The child 5 17 shall appear in person at the hearing required by this 5 18 subsection. 5 19 2. The county attorney or a juvenile court officer may 5 20 apply for a hearing at any time after the petition is filed to 5 21 determine whether the child who is the subject of the petition 5 22 should be placed in detention or shelter care. The court may 5 23 upon the application or upon its own motion order such 5 24 hearing. The court shall order a detention hearing for a 5 25 child waived under section 232.45, subsection 6A, at the time 5 26 of waiver. 5 27 3. A notice shall be served upon the child, the child's 5 28 attorney, the child's guardian ad litem if any, and the 5 29 child's known parent, guardian, or custodian not less than 5 30 twelve hours before the time the hearing is scheduled to begin 5 31 and in a manner calculated fairly to apprise the parties of 5 32 the time, place, and purpose of the hearing. In the case of a 5 33 hearing for a child waived for prosecution as a youthful 5 34 offender, this notice may accompany the waiver order. If the 5 35 court finds that there has been reasonably diligent effort to 6 1 give notice to a parent, guardian, or custodian and that the 6 2 effort has been unavailing, the hearing may proceed without 6 3 the notice having been served. 6 4 4. At the hearing to determine whether detention or 6 5 shelter care is authorized under section 232.21 or 232.22 the 6 6 court shall admit only testimony and other evidence relevant 6 7 to the determination of whether there is probable cause to 6 8 believe the child has committed the act as alleged in the 6 9 petition and to the determination of whether the placement of 6 10 the child in detention or shelter care is authorized under 6 11 section 232.21 or 232.22. At the hearing to determine whether 6 12 a child who has been waived for prosecution as a youthful 6 13 offender should be released from detention the court shall 6 14 also admit evidence of the kind admissible to determine bond 6 15 or bail under chapter 811, notwithstanding section 811.1. Any 6 16 written reports or records made available to the court at the 6 17 hearing shall be made available to the parties. A copy of the 6 18 petition or waiver order shall be given to each of the parties 6 19 at or before the hearing. 6 20 5. The court shall find release to be proper under the 6 21 following circumstances: 6 22 a. If the court finds that there is not probable cause to 6 23 believe that the child is a child within the jurisdiction of 6 24 the court under this chapter, it shall release the child and 6 25 dismiss the petition. 6 26 b. If the court finds that detention or shelter care is 6 27 not authorized under section 232.21 or 232.22, or is 6 28 authorized but not warranted in a particular case, the court 6 29 shall order the child's release, and in so doing, may impose 6 30 one or more of the following conditions: 6 31 (1) Place the child in the custody of a parent, guardian 6 32 or custodian under that person's supervision, or under the 6 33 supervision of an organization which agrees to supervise the 6 34 child. 6 35 (2) Place restrictions on the child's travel, association, 7 1 or place of residence during the period of release. 7 2 (3) Impose any other condition deemed reasonably necessary 7 3 and consistent with the grounds for detaining children 7 4 specified in section 232.21 or 232.22, including a condition 7 5 requiring that the child return to custody as required. 7 6 (4) In the case of a child waived for prosecution as a 7 7 youthful offender, require bail, an appearance bond, or set 7 8 other conditions consistent with this section or section 7 9 811.2. 7 10 c. An order releasing a child on conditions specified in 7 11 this section may be amended at any time to impose equally or 7 12 less restrictive conditions. The order may be amended to 7 13 impose additional or more restrictive conditions, or to revoke 7 14 the release, if the child has failed to conform to the 7 15 conditions originally imposed. 7 16 6. If the court finds that there is probable cause to 7 17 believe that the child is within the jurisdiction of the court 7 18 under this chapter and that full-time detention or shelter 7 19 care is authorized under section 232.21 or 232.22 or that 7 20 detention is authorized under section 232.23, it may issue an 7 21 order authorizing either shelter care or detention until the 7 22 adjudicatory hearing or trial is held or for a period not 7 23 exceeding seven days, whichever is shorter. However, in the 7 24 case of a child placed in detention under section 232.23, this 7 25 period may be extended by agreement of the parties and the 7 26 court. 7 27 7. If a child held in shelter care or detention by court 7 28 order has not been released after a detention hearing or has 7 29 not appeared at an adjudicatory hearing before the expiration 7 30 of the order of detention, an additional hearing shall 7 31 automatically be scheduled for the next court day following 7 32 the expiration of the order. The child, the child's counsel, 7 33 the child's guardian ad litem, and the child's parent, 7 34 guardian or custodian shall be notified of this hearing not 7 35 less than twenty-four hours before the hearing is scheduled to 8 1 take place. The hearing required by this subsection may be 8 2 held by telephone conference call. 8 3 8. A child held in a detention or shelter care facility 8 4 pursuant to section 232.21 or 232.22 under order of court 8 5 after a hearing may be released upon a showing that a change 8 6 of circumstances makes continued detention unnecessary. 8 7 9. A written request for the release of the child, setting 8 8 forth the changed circumstances, may be filed by the child, by 8 9 a responsible adult on the child's behalf, by the child's 8 10 custodian, or by the juvenile court officer. 8 11 10. Based upon the facts stated in the request for release 8 12 the court may grant or deny the request without a hearing, or 8 13 may order that a hearing be held at a date, time and place 8 14 determined by the court. Notice of the hearing shall be given 8 15 to the child and the child's custodian or counsel. Upon 8 16 receiving evidence at the hearing, the court may release the 8 17 child to the child's custodian or other suitable person, or 8 18 may deny the request and remand the child to the detention or 8 19 shelter care facility. 8 20 11. This section does not apply to a child placed in 8 21 accordance with section 232.78, 232.79, or 232.95. 8 22 Sec. 9. Section 232.45, subsection 1, Code 1997, is 8 23 amended to read as follows: 8 24 1. After the filing of a petition which alleges that a 8 25 child has committed a delinquent act on the basis of an 8 26 alleged commission of a public offense and before an 8 27 adjudicatory hearing on the merits of the petition is held, 8 28 the county attorney or the child may file a motion requesting 8 29 the court to waive its jurisdiction over the child for the 8 30 alleged commission of the public offense. If the county 8 31 attorney and the child agree, a motion for waiver for the 8 32 purpose of being prosecuted as a youthful offender may be 8 33 heard by the court which will have jurisdiction over the 8 34 criminal proceedings involving the child. 8 35 Sec. 10. Section 232.45, Code 1997, is amended by adding 9 1 the following new subsection: 9 2 NEW SUBSECTION. 6A. At the conclusion of the waiver 9 3 hearing and after considering the best interests of the child 9 4 and the best interests of the community the court may, in 9 5 order that the child may be prosecuted as a youthful offender, 9 6 waive its jurisdiction over the child if all of the following 9 7 apply: 9 8 a. The child is fifteen years of age or younger. 9 9 b. The court determines, or has previously determined in a 9 10 detention hearing under section 232.44, that there is probable 9 11 cause to believe that the child has committed a delinquent act 9 12 which would constitute a public offense under section 232.8, 9 13 subsection 1, paragraph "c", notwithstanding the application 9 14 of that paragraph to children aged sixteen or older. 9 15 c. The court determines that the state has established 9 16 that there are not reasonable prospects for rehabilitating the 9 17 child, prior to the child's eighteenth birthday, if the 9 18 juvenile court retains jurisdiction over the child and the 9 19 child enters into a plea agreement, is a party to a consent 9 20 decree, or is adjudicated to have committed the delinquent 9 21 act. 9 22 The court shall retain jurisdiction over the child for the 9 23 purpose of determining whether the child should be released 9 24 from detention under section 232.23. 9 25 Sec. 11. Section 232.45, Code 1997, is amended by adding 9 26 the following new subsection: 9 27 NEW SUBSECTION. 7A. In making the determination required 9 28 by subsection 6A, paragraph "c", the factors which the court 9 29 shall consider include but are not limited to the following: 9 30 a. The nature of the alleged delinquent act and the 9 31 circumstances under which it was committed. 9 32 b. The nature and extent of the child's prior contacts 9 33 with juvenile authorities, including past efforts of such 9 34 authorities to treat and rehabilitate the child and the 9 35 response to such efforts. 10 1 c. The age of the child, the programs, facilities, and 10 2 personnel available to the juvenile court for rehabilitation 10 3 and treatment of the child, and the programs, facilities, and 10 4 personnel which would be available to the district court after 10 5 the child reaches the age of eighteen in the event the child 10 6 is given youthful offender status. 10 7 Sec. 12. Section 232.45, subsection 10, Code 1997, is 10 8 amended to read as follows: 10 9 10. If the court waives its jurisdiction over the child 10 10 for the alleged commission of the public offense so that the 10 11 child may be prosecuted as an adult or a youthful offender, 10 12 the judge who made the waiver decision shall not preside at 10 13 any subsequent proceedings in connection with that prosecution 10 14 if the child objects. 10 15 Sec. 13. Section 232.45A, Code 1997, is amended by adding 10 16 the following new subsection: 10 17 NEW SUBSECTION. 4. This section shall not apply to a 10 18 child who was waived to the district court for the purpose of 10 19 being prosecuted as a youthful offender. 10 20 Sec. 14. Section 232.50, subsection 1, Code 1997, is 10 21 amended to read as follows: 10 22 1. As soon as practicable following the entry of an order 10 23 of adjudication pursuant to section 232.47 or notification 10 24 that the child has received a youthful offender deferred 10 25 sentence pursuant to section 907.3A, the court shall hold a 10 26 dispositional hearing in order to determine what disposition 10 27 should be made of the matter. 10 28 Sec. 15. Section 232.52, subsection 1, Code 1997, is 10 29 amended to read as follows: 10 30 1. Pursuant to a hearing as provided in section 232.50, 10 31 the court shall enter the least restrictive dispositional 10 32 order appropriate in view of the seriousness of the delinquent 10 33 act, the child's culpability as indicated by the circumstances 10 34 of the particular case, the age of the child,andthe child's 10 35 prior record, or the fact that the child has received a 11 1 youthful offender deferred sentence under section 907.3A. The 11 2 order shall specify the duration and the nature of the 11 3 disposition, including the type of residence or confinement 11 4 ordered and the individual, agency, department or facility in 11 5 whom custody is vested. In the case of a child who has 11 6 received a youthful offender deferred sentence, the initial 11 7 duration of the dispositional order shall be until the child 11 8 reaches the age of eighteen. 11 9 Sec. 16. Section 232.54, Code 1997, is amended by adding 11 10 the following new subsections: 11 11 NEW SUBSECTION. 7. With respect to a juvenile court 11 12 dispositional order entered regarding a child who has received 11 13 a youthful offender deferred sentence under section 907.3A, 11 14 the dispositional order may be terminated prior to the child 11 15 reaching the age of eighteen upon motion of the child, the 11 16 person or agency to whom custody of the child has been 11 17 transferred, or the county attorney following a hearing before 11 18 the juvenile court if it is shown by clear and convincing 11 19 evidence that it is in the best interests of the child and the 11 20 community to terminate the order. The district court shall 11 21 discharge the child's youthful offender status upon receiving 11 22 a termination order under this section. 11 23 NEW SUBSECTION. 8. With respect to a dispositional order 11 24 entered regarding a child who has received a youthful offender 11 25 deferred sentence under section 907.3A, the juvenile court 11 26 may, in the case of a child who violates the terms of the 11 27 order, modify or terminate the order in accordance with the 11 28 following: 11 29 a. After notice and hearing at which the facts of the 11 30 child's violation of the terms of the order are found, the 11 31 juvenile court may refuse to modify the order, modify the 11 32 order and impose a more restrictive order, or, after an 11 33 assessment of the child by a juvenile court officer in 11 34 consultation with the judicial district department of 11 35 correctional services and if the child is age fourteen or 12 1 over, terminate the order and return the child to the 12 2 supervision of the district court under chapter 907. 12 3 b. The juvenile court shall only terminate an order under 12 4 this subsection if after considering the best interests of the 12 5 child and the best interests of the community the court finds 12 6 that the child should be returned to the supervision of the 12 7 district court. 12 8 c. A youthful offender over whom the juvenile court has 12 9 terminated the dispositional order under this subsection shall 12 10 be treated in the manner of an adult who has been arrested for 12 11 a violation of probation under section 908.11 for sentencing 12 12 purposes only. 12 13 Sec. 17. Section 232.55, Code 1997, is amended by adding 12 14 the following new unnumbered paragraph: 12 15 NEW UNNUMBERED PARAGRAPH. This section does not apply to 12 16 dispositional orders entered regarding a child who has 12 17 received a youthful offender deferred sentence under section 12 18 907.3A who is not discharged from probation before or upon the 12 19 child's eighteenth birthday. 12 20 Sec. 18. NEW SECTION. 232.56 YOUTHFUL OFFENDERS – 12 21 TRANSFER TO DISTRICT COURT SUPERVISION. 12 22 The juvenile court shall deliver a report, which includes 12 23 an assessment of the child by a juvenile court officer after 12 24 consulting with the judicial district department of 12 25 correctional services, to the district court prior to the 12 26 eighteenth birthday of a child who has received a youthful 12 27 offender deferred sentence under section 907.3A. A hearing 12 28 shall be held in the district court in accordance with section 12 29 907.3A to determine whether the child should be discharged 12 30 from youthful offender status or whether the child shall 12 31 continue under the supervision of the district court after the 12 32 child's eighteenth birthday. 12 33 Sec. 19. Section 232.148, subsection 2, Code 1997, is 12 34 amended to read as follows: 12 35 2. Fingerprints and photographs of a child who has been 13 1 taken into custodyand who is fourteen years of age or older13 2 may be taken and filed by a criminal or juvenile justice 13 3 agency investigating the commission of a public offense other 13 4 than a simpleor seriousmisdemeanor. The criminal or 13 5 juvenile justice agency shall forward the fingerprints to the 13 6 department of public safety for inclusion in the automated 13 7 fingerprint identification system and may also retain a copy 13 8 of the fingerprint card for comparison with latent 13 9 fingerprints and the identification of repeat offenders. 13 10 Sec. 20. Section 232.149, subsection 2, Code 1997, is 13 11 amended to read as follows: 13 12 2. Records and files of a criminal or juvenile justice 13 13 agency concerning a child involved in a delinquent act are 13 14 public records, except thata criminal or juvenile justice13 15agency shall notreleasethe nameofa child until a complaint13 16is filed pursuant to section 232.28 andcriminal history data 13 17is, intelligence data, and law enforcement investigatory files 13 18 are subject to the provisions of section 22.7 and chapter 692. 13 19 The records are subject to sealing under section 232.150 13 20 unless the juvenile court waives its jurisdiction over the 13 21 child so that the child may be prosecuted as an adult for a 13 22 public offense. 13 23 Sec. 21. NEW SECTION. 280.24 PROCEDURES FOR REPORTING 13 24 DRUG OR ALCOHOL POSSESSION OR USE. 13 25 The board of directors of each public school and the 13 26 authorities in charge of each accredited nonpublic school 13 27 shall prescribe procedures which require school officials to 13 28 report any use or possession of alcoholic liquor, wine, or 13 29 beer or any controlled substance on school premises to local 13 30 law enforcement agencies, if the use or possession is in 13 31 violation of school policy or state law. 13 32 Sec. 22. NEW SECTION. 280.25 INFORMATION SHARING. 13 33 The board of directors of each public school and the 13 34 authorities in charge of each accredited nonpublic school 13 35 shall adopt rules which provide that the school district or 14 1 school may share information contained within a student's 14 2 permanent record pursuant to an interagency agreement with the 14 3 department of human services, school and law enforcement 14 4 authorities, and other signatory agencies. The purpose of the 14 5 agreement shall be to reduce juvenile crime by promoting 14 6 cooperation and collaboration and the sharing of appropriate 14 7 information between the parties in a joint effort to improve 14 8 school safety, reduce alcohol and illegal drug use, reduce 14 9 truancy, reduce in-school and out-of-school suspensions, and 14 10 to support alternatives to in-school and out-of-school 14 11 suspensions and expulsions which provide structured and well- 14 12 supervised educational programs supplemented by coordinated 14 13 and appropriate services designed to correct behaviors that 14 14 lead to truancy, suspension, and expulsions and to support 14 15 students in successfully completing their education. 14 16 Information shared under the agreement shall be used solely 14 17 for determining the programs and services appropriate to the 14 18 needs of the juvenile or the juvenile's family, or 14 19 coordinating the delivery of programs and services to the 14 20 juvenile or the juvenile's family. Information shared under 14 21 the agreement is not admissible in any court proceedings which 14 22 take place prior to a disposition hearing, unless written 14 23 consent is obtained from a student's parent, guardian, or 14 24 legal or actual custodian. 14 25 A school or school district entering into an interagency 14 26 agreement under this section shall adopt a policy implementing 14 27 the provisions of the interagency agreement. The policy shall 14 28 include, but not be limited to, the provisions of the 14 29 interagency agreement and the procedures to be used by the 14 30 school or school district to share information from the 14 31 student's permanent record with participating agencies. The 14 32 policy shall be published in the student handbook. 14 33 Sec. 23. Section 321.216B, Code 1997, is amended to read 14 34 as follows: 14 35 321.216B USE OF MOTOR VEHICLE LICENSE OR NONOPERATOR'S 15 1 IDENTIFICATION CARD BY UNDERAGE PERSON TO OBTAIN ALCOHOL. 15 2 A person who is under the age of twenty-one, who alters or 15 3 displays or has in the person's possession a fictitious or 15 4 fraudulently altered motor vehicle license or nonoperator's 15 5 identification card and who uses the license to violate or 15 6 attempt to violate section 123.47 or 123.47A, commits a simple 15 7 misdemeanor punishable by a fine of one hundred dollars. The 15 8 court shall forward a copy of the conviction or order of 15 9 adjudication under section 232.47 to the department. 15 10 Sec. 24. Section 331.653, subsection 58, Code 1997, is 15 11 amended to read as follows: 15 12 58. Report information on crimes committed and delinquent 15 13 acts committed, which would beana serious or aggravated 15 14 misdemeanor or felony if committed by an adult, and furnish 15 15 disposition reports on persons arrested and juveniles taken 15 16 into custody, for a delinquent act which would beana serious 15 17 or aggravated misdemeanor or felony if committed by an adult, 15 18 and criminal complaints or information or juvenile delinquency 15 19 petitions, alleging a delinquent act which would beana 15 20 serious or aggravated misdemeanor or felony if committed by an 15 21 adult, filed in any court as provided in section 692.15. 15 22 Sec. 25. Section 602.1211, subsection 4, Code 1997, is 15 23 amended to read as follows: 15 24 4. A chief judge may designate other public officers to 15 25 accept bond money or security under section 232.23 or 811.2 at 15 26 times when the office of the clerk of court is not open. 15 27 Sec. 26. Section 602.8102, subsection 125, Code 1997, is 15 28 amended to read as follows: 15 29 125. Furnish a disposition of each criminal complaint or 15 30 information or juvenile delinquency petition, alleging a 15 31 delinquent act which would beana serious or aggravated 15 32 misdemeanor or felony if committed by an adult, filed in the 15 33 district or juvenile court to the department of public safety 15 34 as provided in section 692.15. 15 35 Sec. 27. Section 692.1, subsections 1 and 9, Code 1997, 16 1 are amended to read as follows: 16 2 1. "Adjudication data" means information that an 16 3 adjudication of delinquency for an act which would beana 16 4 serious or aggravated misdemeanor or felony if committed by an 16 5 adult was entered against a juvenile and includes the date and 16 6 location of the delinquent act and the place and court of 16 7 adjudication. 16 8 9. "Custody data" means information pertaining to the 16 9 taking into custody, pursuant to section 232.19, of a juvenile 16 10 for a delinquent act which would beana serious or aggravated 16 11 misdemeanor or felony if committed by an adult, and includes 16 12 the date, time, place, and facts and circumstances of the 16 13 delinquent act. Custody data includes warrants for the taking 16 14 into custody for all delinquent acts outstanding and not 16 15 served and includes the filing of a petition pursuant to 16 16 section 232.35, the date and place of the alleged delinquent 16 17 act, and the county of jurisdiction. 16 18 Sec. 28. Section 724.26, Code 1997, is amended to read as 16 19 follows: 16 20 724.26 RECEIPT, TRANSPORTATION, AND DOMINION AND CONTROL 16 21 OF FIREARMS AND OFFENSIVE WEAPONS BY FELONS. 16 22 A person who is convicted of a felony in a state or federal 16 23 court, or who is adjudicated delinquent on the basis of 16 24 conduct that would constitute a felony if committed by an 16 25 adult, and who knowingly has under the person's dominion and 16 26 control, receives, or transports or causes to be transported a 16 27 firearm or offensive weapon is guilty of a class "D" felony. 16 28 Sec. 29. Section 805.8, subsection 10, paragraph a, Code 16 29 1997, is amended to read as follows: 16 30 a. For violations of section 123.47A, which constitute16 31first offenses as provided in that section,by persons age 16 32 eighteen, nineteen, or twenty the scheduled fine isfifteen16 33 one hundred dollars. 16 34 Sec. 30. Section 805.8, subsection 11, unnumbered 16 35 paragraph 1, is amended to read as follows: 17 1 For violations of section 142B.6or, the scheduled fine is 17 2 twenty-five dollars. For violations of section 453A.2, 17 3 subsection 2, the scheduled fine istwenty-fiveone hundred 17 4 dollars, and. A fine imposed under this paragraph is a civil 17 5 penalty, and the criminal penalty surcharge under section 17 6 911.2 shall not be added to the penalty, and the court costs 17 7 pursuant to section 805.9, subsection 6, shall not be imposed. 17 8 If the civil penalty assessed for a violation of section 17 9 142B.6 is not paid in a timely manner, a citation shall be 17 10 issued for the violation in the manner provided in section 17 11 804.1. However, a person under age eighteen shall not be 17 12 detained in a secure facility for failure to pay the civil 17 13 penalty. The complainant shall not be charged a filing fee. 17 14 Sec. 31. Section 808A.1, subsection 1, paragraph d, Code 17 15 1997, is amended by striking the paragraph. 17 16 Sec. 32. Section 808A.2, subsection 1, Code 1997, is 17 17 amended by striking the subsection and inserting in lieu 17 18 thereof the following: 17 19 1. The board of directors of each public school district 17 20 and the authorities in charge of each nonpublic school shall 17 21 adopt a student search rule. The student search rule shall be 17 22 published in each district's and each nonpublic school's 17 23 student handbook. A school official may search individual 17 24 students and individual protected student areas in either of 17 25 the following situations: 17 26 a. If the official has reasonable grounds for suspecting 17 27 that the search will produce evidence that a student has 17 28 violated or is violating either the law or a school rule or 17 29 regulation. 17 30 b. School officials may search more than one student or 17 31 protected student area pursuant to a student search rule. A 17 32 student search rule allowing searches of more than one student 17 33 or protected student area must be reasonably based on 17 34 balancing the need for the search against any intrusion of a 17 35 protected student area. Any search conducted pursuant to this 18 1 paragraph must be conducted in a manner reasonably related to 18 2 the circumstances which justified the search. 18 3 Sec. 33. Section 808A.2, subsection 2, Code 1997, is 18 4 amended to read as follows: 18 5 2.Notwithstanding subsection 1, paragraphs "a" through18 6"c", as they apply to searches of protected student areas,18 7schoolSchool officials may conduct periodic inspections of 18 8 all, or a randomly selected number of, school lockers, desks, 18 9 or other facilities. The furnishing of a school locker, desk, 18 10 or other facility or space owned by the school and provided as 18 11 a courtesy to a student shall not create a protected student 18 12 area, and shall not give rise to an expectation of privacy on 18 13 a student's part with respect to that locker, desk, facility, 18 14 or space. However, the school district shall provide written 18 15 notice to each student,and the adult who enrolls the student18 16at the school,and the student's parent, guardian, or legal 18 17 custodian, that school officials may conduct periodic 18 18 inspections ofallschool lockers, desks, facilities, or 18 19 spaces without prior notice.An inspection under this18 20subsection shall only occur in the presence of the students18 21whose lockers are being inspected.18 22 Sec. 34. Section 808A.2, subsection 5, Code 1997, is 18 23 amended by striking the subsection. 18 24 Sec. 35. NEW SECTION. 907.3A YOUTHFUL OFFENDER DEFERRED 18 25 SENTENCE – YOUTHFUL OFFENDER STATUS. 18 26 1. Notwithstanding section 907.3, the trial court shall, 18 27 upon a plea of guilty or a verdict of guilty, defer sentence 18 28 of a youthful offender over whom the juvenile court has waived 18 29 jurisdiction pursuant to section 232.45, subsection 6A, and 18 30 place the juvenile on youthful offender status. The court 18 31 shall transfer supervision of the youthful offender to the 18 32 juvenile court for disposition in accordance with section 18 33 232.52. The court shall require supervision of the youthful 18 34 offender in accordance with section 232.54, subsection 8 or 18 35 subsection 2, of this section. 19 1 2. The court shall hold a hearing prior to a youthful 19 2 offender's eighteenth birthday to determine whether the 19 3 youthful offender shall continue on youthful offender status 19 4 after the youthful offender's eighteenth birthday under the 19 5 supervision of the court or be discharged. The court shall 19 6 review the report of the juvenile court regarding the youthful 19 7 offender and shall hear evidence by or on behalf of the 19 8 youthful offender, by the county attorney, and by the person 19 9 or agency to whom custody of the youthful offender was 19 10 transferred. The court shall make its decision after 19 11 considering the services available to the youthful offender, 19 12 the evidence presented, the juvenile court's report, the 19 13 interests of the youthful offender, and interests of the 19 14 community. 19 15 3. Notwithstanding any provision of the Code which 19 16 prescribes a mandatory minimum sentence for the offense 19 17 committed by the youthful offender, following transfer of the 19 18 youthful offender from the juvenile court back to the court 19 19 having jurisdiction over the criminal proceedings involving 19 20 the youthful offender, the court may continue the youthful 19 21 offender deferred sentence or enter a sentence, which may be a 19 22 suspended sentence. However, a youthful offender shall not be 19 23 placed on probation for longer than five years. During the 19 24 period of probation, a youthful offender who violates the 19 25 terms of probation is subject to section 908.11. 19 26 Sec. 36. Section 908.11, Code 1997, is amended to read as 19 27 follows: 19 28 908.11 VIOLATION OF PROBATION. 19 29 A probation officer or the judicial district department of 19 30 correctional services having probable cause to believe that 19 31 any person released on probation has violated the conditions 19 32 of probation shall proceed by arrest or summons as in the case 19 33 of a parole violation. The functions of the liaison officer 19 34 and the board of parole shall be performed by the judge or 19 35 magistrate who placed the alleged violator on probation if 20 1 that judge or magistrate is available, otherwise by another 20 2 judge or magistrate who would have had jurisdiction to try the 20 3 original offense. If the probation officer proceeds by 20 4 arrest, any magistrate may receive the complaint, issue an 20 5 arrest warrant, or conduct the initial appearance and probable 20 6 cause hearing if it is not convenient for the judge who placed 20 7 the alleged violator on probation to do so. The initial 20 8 appearance, probable cause hearing, and probation revocation 20 9 hearing, or any of them, may at the discretion of the court be 20 10 merged into a single hearing when it appears that the alleged 20 11 violator will not be prejudiced thereby. If the violation is 20 12 established, the court may continue the probation or youthful 20 13 offender status with or without an alteration of the 20 14 conditions of probation or a youthful offender status. If the 20 15 defendant is an adult or a youthful offender the court may 20 16 hold the defendant in contempt of court and sentence the 20 17 defendant to a jail term while continuing the probation or 20 18 youthful offender status, order the defendant to be placed in 20 19 a violator facility established pursuant to section 904.207 20 20 while continuing the probation or youthful offender status, or 20 21 revoke the probation or youthful offender status and require 20 22 the defendant to serve the sentence imposed or any lesser 20 23 sentence, and, if imposition of sentence was deferred, may 20 24 impose any sentence which might originally have been imposed. 20 25 EXPLANATION 20 26 This bill makes a variety of changes that relate to illegal 20 27 conduct by juveniles and youthful offenders, including 20 28 violations of alcohol regulations, the sharing of information 20 29 regarding delinquent juveniles and juveniles under the 20 30 jurisdiction of various social services agencies, the sharing 20 31 of jurisdiction between the adult and juvenile courts for 20 32 certain youthful offenders, and the authorization of school 20 33 officials to conduct searches of students and their lockers 20 34 and to report possession or use of alcohol or controlled 20 35 substances to law enforcement authorities. 21 1 Code sections 123.47A and 805.8 are amended to make all 21 2 purchases or attempts to purchase alcohol by 18-year-olds, 19- 21 3 year-olds, or 20-year-olds a scheduled violation of $100. A 21 4 first offense would no longer be treated as a scheduled 21 5 violation punishable by a $15 fine. Sales or gifts of alcohol 21 6 to persons aged 18, 19, or 20 are made serious misdemeanors. 21 7 Code section 123.50 is amended to make the sale, gift, or 21 8 supplying of alcoholic beverages to persons under the age of 21 9 18 a serious misdemeanor. The penalty applicable to the same 21 10 conduct vis-a-vis 18, 19, and 20-year-olds is also made a 21 11 serious misdemeanor. 21 12 Code section 321.216B is amended to make the penalty 21 13 applicable to the alteration of a driver's license or a 21 14 nonoperator's identification card for purposes illegally 21 15 purchasing alcohol a fine of $100. 21 16 Code section 232.19 is amended to allow a peace officer to 21 17 restrain any juvenile who presents a risk of danger or injury 21 18 to the child or others, or is taken into custody for an act of 21 19 violence against a person. Currently, if the child is 13 21 20 years of age or older, the child may be restrained by metal 21 21 handcuffs only when a transporting vehicle is not equipped 21 22 with a rear seat prisoner transport cage and the child is 21 23 being taken into custody for an alleged delinquent act of 21 24 violence against a person. Code section 232.19 is amended to 21 25 provide that the name of a juvenile taken into custody for a 21 26 delinquent act which would be a serious or an aggravated 21 27 misdemeanor or a felony is a public record when the juvenile 21 28 is taken into custody. Code section 232.28 is amended to 21 29 provide that a complaint alleging the commission of a 21 30 delinquent act by a juvenile is a public record if the 21 31 delinquent act alleged is a serious misdemeanor or greater. 21 32 Currently, the delinquent act must be an aggravated 21 33 misdemeanor or greater for the complaint to be a public 21 34 record. Code sections 331.653 and 602.8102 are amended to add 21 35 serious misdemeanors to the list of offenses currently 22 1 reported by the sheriff and the court to the department of 22 2 public safety. Code section 692.1 is amended to provide that 22 3 criminal history data regarding juveniles shall be maintained 22 4 by the department of public safety if the juvenile is 22 5 adjudicated delinquent of a serious misdemeanor or greater. 22 6 Currently, criminal history data is maintained only for 22 7 juveniles adjudicated delinquent for aggravated misdemeanors 22 8 or felonies. 22 9 The bill also makes numerous changes to Code chapter 232, 22 10 changes Code section 602.1211, and creates a new Code section 22 11 907.3A to provide for shared jurisdiction between the adult 22 12 and juvenile courts over a juvenile who has committed certain 22 13 crimes. A juvenile who commits certain crimes would become 22 14 subject to the jurisdiction of the district court to be tried 22 15 or to plead guilty as an adult and would receive a deferred 22 16 sentence and be placed on youthful offender probation as an 22 17 adult. The juvenile would then be transferred to the 22 18 supervision of the juvenile court which would enter a 22 19 dispositional order as if it had adjudicated the juvenile a 22 20 delinquent. At the juvenile's eighteenth birthday, unless 22 21 supervision is terminated sooner by the juvenile court, the 22 22 juvenile would be returned to the district court for a hearing 22 23 at which the court will determine whether the juvenile, now an 22 24 adult, should continue on youthful offender status or be 22 25 discharged from youthful offender status as an adult. 22 26 Juveniles eligible for youthful offender status are those 22 27 under the age of 16 who commit drug offenses while possessing 22 28 a firearm or offensive weapon, criminal gang participation 22 29 involving a firearm or offensive weapon, a felony violation of 22 30 Code chapter 724 regarding firearms or offensive weapons, or a 22 31 forcible felony. These are the same offenses for which 22 32 juveniles age 16 or 17 are excluded from the jurisdiction of 22 33 the juvenile court. 22 34 The bill provides that a juvenile may attain youthful 22 35 offender status through the waiver of jurisdiction process in 23 1 the manner that juveniles are currently waived from the 23 2 jurisdiction of the juvenile court. The juvenile court can 23 3 waive its jurisdiction for the purpose of the juvenile being 23 4 prosecuted as a youthful offender after considering the best 23 5 interests of the child and community, the resources available 23 6 to the juvenile court prior to the juvenile's eighteenth 23 7 birthday, and whether the juvenile should be subject to 23 8 continued court supervision past the juvenile's eighteenth 23 9 birthday. 23 10 A juvenile who is waived for the purpose of being 23 11 prosecuted as a youthful offender would be held in a juvenile 23 12 detention facility prior to trial, unless released on bail. 23 13 Pretrial release conditions, if any, would be determined by 23 14 the juvenile court at a detention hearing. The juvenile will 23 15 be supervised by a juvenile court officer or juvenile court 23 16 services personnel while in detention or on pretrial release. 23 17 In addition, juveniles who receive youthful offender 23 18 deferred sentence shall be subject to the supervision of the 23 19 juvenile court while on youthful offender status until age 18, 23 20 unless the juvenile court sooner terminates its supervision 23 21 because it believes the juvenile has been rehabilitated or the 23 22 juvenile violates the terms of the juvenile court's order. If 23 23 the termination is due to a violation of the terms of the 23 24 order, the juvenile is treated the same as an adult who has 23 25 been arrested for a probation violation. In this case, a 23 26 juvenile could be sentenced as an adult for the youthful 23 27 offender status violation, including the reinstatement of the 23 28 deferred sentence and commitment to the department of 23 29 corrections. 23 30 The bill provides that if the juvenile is still on youthful 23 31 offender status under juvenile court supervision as the 23 32 juvenile's eighteenth birthday approaches, the juvenile will 23 33 have a hearing before the district court to determine if 23 34 youthful offender status will continue. The district court 23 35 may continue the youthful offender status for the offender 24 1 after age 18 is reached after considering the best interests 24 2 of the offender and the community. At this point, the 24 3 offender will be treated the same as other adults who have 24 4 received a deferred sentence and been placed on probation 24 5 regarding services or placement. However, although the bill 24 6 provides that youthful offenders are to be treated as adults, 24 7 youthful offender deferred sentences will be given for 24 8 offenses which would not be eligible for deferred sentence if 24 9 committed by an adult. 24 10 Code section 724.26 is amended to add language which 24 11 includes juveniles who have been adjudicated delinquent on the 24 12 basis of conduct that would constitute a felony if committed 24 13 by an adult within the prohibition against convicted felons 24 14 being able to receive, transport, or have dominion or control 24 15 over a firearm. 24 16 Code section 805.8, subsection 11, is amended to raise the 24 17 civil penalty for illegal use, purchase, attempt to purchase, 24 18 or possession of various tobacco products by minors from $25 24 19 to $100. 24 20 Two new sections are added to the chapter governing uniform 24 21 school requirements, Code chapter 280, to provide for the 24 22 reporting of illegal drug or alcohol use on school premises to 24 23 law enforcement and for the sharing of information between 24 24 school officials and various agencies pursuant to interagency 24 25 agreements designed to reduce juvenile crime, improve school 24 26 safety, reduce truancy, reduce suspensions and expulsions, and 24 27 to support various alternatives which support students in 24 28 successfully completing their education. 24 29 The bill also amends chapter 808A to establish school 24 30 authority to conduct student and locker searches. The 24 31 amendments provide that student lockers, desks, facilities, 24 32 and spaces owned and furnished by a school and provided as a 24 33 courtesy to the student are not characterized as protected 24 34 student areas, and their use does not give rise to an 24 35 expectation of privacy on the student's part. School 25 1 officials must adopt a student search rule, publish the rule 25 2 in the student handbook, and provide written notice to a 25 3 student and the student's parent, guardian, or custodian that 25 4 the school may conduct periodic inspections of all school 25 5 lockers, desks, facilities, and spaces without prior 25 6 notification. The requirements that notice be provided to an 25 7 adult who enrolls a student, and that the student be present 25 8 during a locker search, are eliminated. The reasonable and 25 9 articulable suspicion standard is eliminated with regard to 25 10 school official searches of individual students, substituting 25 11 a reasonable grounds standard in its place. Searches of more 25 12 than one student or student area must be reasonably based on 25 13 balancing the need for the search against any protected 25 14 student area intrusion, and be conducted in a manner 25 15 reasonably related to circumstances perceived as justifying 25 16 the search. 25 17 This bill may create a state mandate under chapter 25B. 25 18 LSB 1515XL 77 25 19 lh/jj/8.2
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