Text: HF02389 Text: HF02391 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 232.8, subsection 3, Code 1999, is 1 2 amended to read as follows: 1 3 3. The juvenile court, after a hearing and in accordance 1 4 with the provisions of section 232.45, may waive jurisdiction 1 5 of a child alleged to have committed a public offense so that 1 6 the child may be prosecuted as an adult or youthful offender 1 7 for such offense in another court. If the child, except a 1 8 child being prosecuted as a youthful offender, pleads guilty 1 9 or is found guilty of a public offense other than a class "A" 1 10 felony in another court of this state that court may suspend 1 11 the sentence or, with the consent of the child, defer judgment 1 12 and without regard to restrictions placed upon deferred 1 13 judgments for adults, place the child on probation for a 1 14 period of not less than one year upon such conditions as it 1 15 may require. Upon fulfillment of the conditions of probation 1 16the, a child who receives a deferred judgement shall be 1 17 discharged without entry of judgment. 1 18 Sec. 2. Section 232.53, subsections 2 and 3, Code 1999, 1 19 are amended to read as follows: 1 20 2. All dispositional orders entered prior to the child 1 21 attaining the age of seventeen yearsand six monthsshall 1 22 automatically terminate when the child becomes eighteen years 1 23 of age. Dispositional orders entered subsequent to the child 1 24 attaining the age of seventeen yearsand six monthsand prior 1 25 to the child's eighteenth birthday shall automatically 1 26 terminate one year and six months after the date of 1 27 disposition. In the case of an adult within the jurisdiction 1 28 of the court under the provisions of section 232.8, subsection 1 29 1, the dispositional order shall automatically terminate one 1 30 year and six months after the last date upon which 1 31 jurisdiction could attach. 1 32 3. Notwithstanding section 233A.13, a child committed to 1 33 the training school subsequent to the child attaining the age 1 34 of seventeen yearsand six monthsand prior to the child's 1 35 eighteenth birthday may be held at the school beyond the 2 1 child's eighteenth birthday pursuant to subsection 2 provided 2 2 that the training school makes application to and receives 2 3 permission from the committing court. This extension shall be 2 4 for the purpose of completion by the child of a course of 2 5 instruction established for the child pursuant to section 2 6 233A.4 and cannot extend for more than one year and six months 2 7 beyond the date of disposition. 2 8 EXPLANATION 2 9 This bill makes changes relating to proceedings involving 2 10 juvenile offenders in juvenile and district court. 2 11 The bill provides the district court with the option to 2 12 suspend a sentence of a juvenile offender who has been waived 2 13 to adult court except for a juvenile who commits a class "A" 2 14 felony. The bill also provides that a juvenile waived to 2 15 adult court may not receive a deferred judgment for a class 2 16 "A" felony. Under existing law, the district court may 2 17 suspend the sentence of an adult offender under certain 2 18 statutes but is unable to suspend the sentence of any juvenile 2 19 offender waived to adult court. Existing law also permits a 2 20 court to grant a deferred judgment to a juvenile waived to 2 21 adult court for a class "A" felony. 2 22 The bill also extends the duration of the juvenile court's 2 23 jurisdiction over certain offenders. The bill provides that 2 24 if a dispositional order is entered prior to a juvenile 2 25 attaining 17 years of age, the order shall automatically 2 26 terminate when the juvenile reaches the age of 18. In 2 27 addition, the bill provides that if a dispositional order is 2 28 entered after a juvenile reaches the age of 17, the order may 2 29 terminate up to one year and six months after the date of the 2 30 order. The bill also provides that an adult who has committed 2 31 a delinquent act and is under the supervision of the juvenile 2 32 court may be supervised by the juvenile court until the age of 2 33 19 and one-half years. The bill further provides a juvenile 2 34 who has been ordered to the training school after reaching the 2 35 age of 17 may be held at the training school for up to one and 3 1 one-half years after the date of the order for the purpose of 3 2 completing any necessary instruction. The bill generally 3 3 extends the duration of juvenile court jurisdiction over 3 4 certain offenders by six months. 3 5 LSB 5154HV 78 3 6 jm/as/5
Text: HF02389 Text: HF02391 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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