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House Journal: Page 1237: Tuesday, April 15, 1997

35   following:
36     "Sec. ___.  Section 232.22, Code 1997, is amended
37   by adding the following new subsection:
38     NEW SUBSECTION.  7.  Notwithstanding any other
39   provision of the Code to the contrary, a child shall
40   not be placed in detention for a violation of section
41   123.47, or for failure to comply with a dispositional
42   order which provides for payment of a fine or
43   performance of community service for a violation of
44   section 123.47."
45     7.  Page 14, by inserting after line 24, the
46   following:
47     "Sec. ___.  Section 232.46, subsection 1, Code
48   1997, is amended to read as follows:
49     1.  At any time after the filing of a petition and
50   prior to entry of an order of adjudication pursuant to

Page 2  

 1   section 232.47, the court may suspend the proceedings
 2   on motion of the county attorney or the child's
 3   counsel, enter a consent decree, and continue the case
 4   under terms and conditions established by the court.
 5   These terms and conditions may include prohibiting a
 6   child from driving a motor vehicle for a specified
 7   period of time or under specific circumstances, or the
 8   supervision of the child by a juvenile court officer
 9   or other agency or person designated by the court, and
10   may include the requirement that the child perform a
11   work assignment of value to the state or to the public
12   or make restitution consisting of a monetary payment
13   to the victim or a work assignment directly of value
14   to the victim, or, if the delinquent act is a
15   violation of section 123.47, pay a fine.  The court
16   shall notify the state department of transportation of
17   an order prohibiting the child from driving."
18     8.  Page 15, by striking lines 14 through 19, and
19   inserting the following:
20     "Sec. ___.  Section 232.52, subsection 2, paragraph
21   g, Code 1997, is amended to read as follows:
22     g.  An order placing a child, other than a child
23   who has committed a violation of section 123.47, in
24   secure custody for not more than two days in a
25   facility under section 232.22, subsection 2, paragraph
26   "a" or "b".
27     Sec. ___.  Section 232.52, subsection 2, Code 1997,
28   is amended by adding the following new paragraph:
29     NEW PARAGRAPH.  i.  An order requiring a child who
30   has committed a violation of section 123.47 to pay a
31   fine."
32     9.  Page 15, line 31, by inserting after the word
33   "order." the following:  "The hearing may be waived if
34   all parties to the proceeding agree."

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