Text: HF00340                           Text: HF00342
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House File 341

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 232.19, subsection 4, Code 1999, is
  1  2 amended to read as follows:
  1  3    4.  Information pertaining to a child who is at least ten
  1  4 years of age and who is taken into custody for a delinquent
  1  5 act which would be a public offense is a public record and is
  1  6 not confidential unless otherwise specified under section
  1  7 232.147.
  1  8    Sec. 2.  Section 232.147, subsection 2, Code 1999, is
  1  9 amended to read as follows:
  1 10    2.  Official juvenile court records in cases alleging
  1 11 delinquency, including complaints under section 232.28, shall
  1 12 be public records, subject to sealing under section 232.150.
  1 13 If the court has excluded the public from a hearing under
  1 14 division II of this chapter, the transcript of the proceedings
  1 15 shall not be deemed a public record and inspection and
  1 16 disclosure of the contents of the transcript shall not be
  1 17 permitted except pursuant to court order or unless otherwise
  1 18 provided in this chapter.  Complaints under section 232.28
  1 19 shall be released in accordance with section 915.25.  Other
  1 20 official juvenile court records may be released under this
  1 21 section by a juvenile court officer.  However, a complaint
  1 22 under section 232.28, information, or records of a delinquent
  1 23 act for a violation of section 123.47 are not public records
  1 24 and the release of such records is subject to the requirements
  1 25 of subsection 2A.
  1 26    Sec. 3.  Section 232.147, Code 1999, is amended by adding
  1 27 the following new subsection:
  1 28    NEW SUBSECTION.  2A.  The principal or the principal's
  1 29 designee of a public or nonpublic school attended by a
  1 30 juvenile may receive or inspect any juvenile court record
  1 31 involving a violation of section 123.47 by the juvenile.
  1 32    Sec. 4.  Section 232.149, subsection 2, Code 1999, is
  1 33 amended to read as follows:
  1 34    2.  Records and files of a criminal or juvenile justice
  1 35 agency concerning a child involved in a delinquent act are
  2  1 public records, except that release of criminal history data,
  2  2 intelligence data, and law enforcement investigatory files is
  2  3 subject to the provisions of section 22.7 and chapter 692, and
  2  4 juvenile court social records, as defined in section 232.2,
  2  5 subsection 31, shall be deemed confidential criminal
  2  6 identification files under section 22.7, subsection 9.
  2  7 However, records or files of a delinquent act for a violation
  2  8 of section 123.47 are not public records and the release of
  2  9 such records is subject to the requirements of section
  2 10 232.147.  The records are subject to sealing under section
  2 11 232.150 unless the juvenile court waives its jurisdiction over
  2 12 the child so that the child may be prosecuted as an adult for
  2 13 a public offense.
  2 14    Sec. 5.  Section 915.25, subsection 1, Code 1999, is
  2 15 amended to read as follows:
  2 16    1.  A complaint filed with the court or its designee
  2 17 pursuant to chapter 232 which alleges that a child who is at
  2 18 least ten years of age has committed a delinquent act, which
  2 19 if committed by an adult would be a public offense, is a
  2 20 public record and shall not be confidential unless otherwise
  2 21 specified under section 232.147.  
  2 22                           EXPLANATION 
  2 23    This bill amends Code section 232.147 regarding the
  2 24 confidentiality of juvenile records.  If a juvenile is taken
  2 25 into custody, if a delinquency petition is filed, or if the
  2 26 juvenile is adjudicated delinquent of possession, delivery,
  2 27 purchase, or attempted purchase of alcohol in violation of
  2 28 Code section 123.47, the bill provides that all juvenile court
  2 29 records are to be kept confidential.  However, the bill also
  2 30 provides that records of a violation of Code section 123.47
  2 31 may be disclosed to the juvenile's school principal.
  2 32    Under current law, any juvenile records pertaining to a
  2 33 violation of Code section 123.47 are a matter of public
  2 34 record.  
  2 35 LSB 1127HH 78
  3  1 jm/cf/24.1
     

Text: HF00340                           Text: HF00342
Text: HF00300 - HF00399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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