House Journal: Page 1418: Tuesday, April 11, 2000
Teig of Hamilton asked and received unanimous consent that
amendment H-8842, to the Senate amendment H-8746, be deferred.
Davis of Wapello offered the following amendment H-8852, to the
Senate amendment H-8746, filed by him, Kreiman of Davis, Mascher
of Johnson, Parmenter of Story, Reynolds of Van Buren and Cormack
of Webster from the floor and moved its adoption:
H-8852
1 Amend the Senate amendment, H-8746, to House File
2 723, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 1, by inserting after line 4, the
5 following:
6 ""Section 1. Section 232.8, subsection 1,
7 paragraph c, Code 1999, is amended to read as follows:
8 c. Violations by a child, age sixteen or older,
9 which subject the child to the provisions of section
10 124.401, subsection 1, paragraph "e" or "f", or
11 violations of section 723A.2 which involve a violation
12 of chapter 724, or violation of chapter 724 which
13 constitutes a felony, or violations which constitute a
14 forcible felony are excluded from the jurisdiction of
15 the juvenile court and shall be prosecuted as
16 otherwise provided by law unless the court transfers
17 jurisdiction of the child to the juvenile court upon
18 motion and for good cause. a child over whom
19 jurisdiction has not been transferred to the juvenile
20 court, and who is convicted of a violation excluded
21 from the jurisdiction of the juvenile court under this
22 paragraph, shall be sentenced pursuant to section
23 124.401B, 902.9, or 903.1. Notwithstanding any other
24 provision of the Code to the contrary, the court may
25 accept from a child a plea of guilty, or may instruct
26 the jury on a lesser included offense to the offense
27 excluded from the jurisdiction of the juvenile court
28 under this section, in the same manner as regarding an
29 adult. However, the juvenile court shall have
30 exclusive original jurisdiction in a proceeding
31 concerning an offense of livestock torture as provided
32 in section 717.3 or animal torture as provided in
33 section 717B.3a alleged to have been committed by a
34 child under the age of seventeen.
35 Sec. . Section 232.8, subsection 3, Code 1999,
36 is amended by adding the following new unnumbered
37 paragraph:
38 NEW UNNUMBERED PARAGRAPH. This subsection does not
39 apply in a proceeding concerning an offense of
40 livestock torture as provided in section 717.3 or
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League of Women Voters of Iowa
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