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