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House File 2390

Partial Bill History

Bill Text

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 16 the, 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 years and six months shall
  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 years and six months and 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 years and six months and 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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