House Journal: Thursday, March 2, 2000
House File 2533, by committee on appropriations, a bill for an act
appropriating federal funds made available from federal block grants
and other federal grants, allocating portions of federal block grants,
and providing procedures if federal funds are more or less than
anticipated or if federal block grants are more or less than
anticipated and providing an effective date.
Read first time and placed on the appropriations calendar.
CONSIDERATION OF BILLS
Regular Calendar
House File 2253, a bill for an act relating to state criminal
jurisdiction and to the crimes of escape and absence from custody,
was taken up for consideration.
Jager of Black Hawk offered the following amendment H-8096
filed by him and moved its adoption:
H-8096
1 Amend House File 2253 as follows:
2 1. Page 1, by striking lines 27 and 28, and
3 inserting the following: "that specifically prohibits
4 conduct wholly outside of the state, and the conduct
5 bears a reasonable relation to a legitimate state
6 interest, and the person knows or should know that the
7 conduct is likely to affect that interest."
Amendment H-8096 was adopted.
Sukup of Franklin in the chair at 9:12 a.m.
Jager of Black Hawk moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 2253)
The ayes were, 97:
|
Alons | Arnold | Barry | Baudler |
|
Bell | Blodgett | Boal | Boddicker |
|
Boggess | Bradley | Brunkhorst | Bukta |
|
Carroll | Cataldo | Chiodo | Cohoon |
|
Cormack | Davis | Dix | Doderer |
|
Dolecheck | Dotzler | Drake | Drees |
|
Eddie | Falck | Fallon | Foege |
|
Ford | Frevert | Garman | Gipp |
|
Greimann | Greiner | Grundberg | Hahn |
|
Hansen | Heaton | Hoffman | Holmes |
|
Holveck | Horbach | Houser | Huseman |
|
Huser | Jacobs | Jager | Jenkins |
|
Jochum | Johnson | Kettering | Klemme |
|
Kreiman | Kuhn | Larkin | Larson |
|
Lord | Martin | Mascher | May |
|
Mertz | Metcalf | Millage | Mundie |
|
Murphy | Myers | Nelson-Forbes | O'Brien |
|
Osterhaus | Parmenter | Raecker | Rants |
|
Rayhons | Reynolds | Richardson | Scherrman |
|
Schrader | Shoultz | Siegrist, Spkr. | Stevens |
|
Sunderbruch | Taylor, D. | Taylor, T. | Teig |
|
Thomas | Thomson | Tyrrell | Van Engelenhoven |
|
Van Fossen | Warnstadt | Weidman | Weigel |
|
Welter | Whitead | Wise | Witt |
|
Sukup, |
|
Presiding |
|
|
The nays were, none.
Absent or not voting, 3:
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Rants of Woodbury asked and received unanimous consent that
House File 2253 be immediately messaged to the Senate.
House File 2377, a bill for an act providing for access to certain
child abuse information by the governor and the general assembly,
making penalties and remedies applicable, and including an effective
date and applicability provision, was taken up for consideration.
The House stood at ease at 9:42 a.m., until the fall of the gavel.
The House resumed session and consideration of House File 2377,
at 10:47 a.m., Speaker pro tempore Sukup in the chair.
Boddicker of Cedar asked and received unanimous consent to
withdraw amendment H-8118 filed by him and Foege of Linn on
March 1, 2000.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Greimann of Story, for the remainder of the day, on request of Parmenter of Story.
Boddicker of Cedar offered amendment H-8151 filed by Carroll of
Poweshiek and Foege of Linn as follows:
H-8151
1 Amend House File 2377 as follows:
2 1. Page 1, by inserting before line 1 the
3 following:
4 "Section 1. Section 135.43, subsection 3,
5 paragraph e, Code 1999, is amended by striking the
6 paragraph.
7 Sec. . Section 135.43, Code 1999, is amended by
8 adding the following new subsection:
9 NEW SUBSECTION. 3A. The review team shall develop
10 protocols for a committee to be appointed by the
11 director on an ad hoc basis to immediately review the
12 child abuse assessments which involve the death of a
13 child under age eighteen. The director shall appoint
14 a medical examiner, a pediatrician, and a person
15 involved with law enforcement to the committee.
16 a. The purpose of the review shall be to determine
17 whether the department of human services and others
18 involved with the case of child abuse responded
19 appropriately. The protocols shall provide for the
20 committee to consult with any multidisciplinary team,
21 as defined in section 235A.13, that is operating in
22 the area in which the death occurred.
23 b. The committee shall have access to patient
24 records and other pertinent confidential information
25 and subject to the restrictions in this subsection may
26 redisseminate the confidential information in the
27 committee's report.
28 c. Upon completion of the review, the committee
29 shall issue a report which shall include findings
30 concerning the case and recommendations for changes to
31 prevent child deaths when similar circumstances exist.
32 The report shall include but is not limited to the
33 following information, subject to the restrictions
34 listed in paragraph "d":
35 (1) The dates, outcomes, and results of any
36 actions taken by the department of human services and
37 others in regard to the report of child abuse.
38 (2) The results of any review of the case
39 performed by a multidisciplinary team, or by any other
40 public entity that reviewed the case.
41 (3) Confirmation of the department of human
42 services' receipt of any report of child abuse
43 involving the child, including confirmation as to
44 whether or not any assessment involving the child was
45 performed in accordance with section 232.71B, the
46 results of any assessment, a description of the most
47 recent assessment and the services offered to the
48 family, the services rendered to the family, and the
49 basis for the department's decisions concerning the
50 case.
Page 2
1 d. Prior to issuing the report, the committee
2 shall consult with the county attorney responsible for
3 prosecution of the alleged perpetrator of the child
4 death. The committee's report shall include child
5 abuse information associated with the case and the
6 child, but is subject to the restrictions applicable
7 to the department of human services for release of
8 information concerning a child fatality or near
9 fatality in accordance with section 235A.15,
10 subsection 9.
11 e. Following the completion of the trial of any
12 alleged perpetrator of the child death, the committee
13 shall issue a supplemental report containing the
14 information that was withheld, in accordance with
15 paragraph "d", so as not to jeopardize the prosecution
16 or the rights of the alleged perpetrator to a fair
17 trial as described in section 235A.15, subsection 9,
18 paragraphs "f" and "g".
19 f. The report shall be submitted to the governor
20 and general assembly.
21 Sec. . Section 135.43, subsection 6, paragraph
22 b, Code 1999, is amended to read as follows:
23 b. A person in possession or control of medical,
24 investigative, assessment, or other information
25 pertaining to a child death and child abuse review
26 shall allow the inspection and reproduction of the
27 information by the department upon the request of the
28 department, to be used only in the administration and
29 for the duties of the Iowa child death review team.
30 Information Except as provided for a report on a child
31 death by a committee of the team under subsection 3A
32 and records which are confidential under section 22.7
33 and chapter 235A, and information or records received
34 from the confidential records, remain confidential
35 under this section. a person does not incur legal
36 liability by reason of releasing information to the
37 department as required under and in compliance with
38 this section."
39 2. Page 1, by striking lines 17 and 18 and
40 inserting the following:
41 "Sec. . Section 235A.15, Code Supplement 1999,
42 is amended by adding the following new subsections:"
43 3. Page 1, line 31, by inserting after the word
44 "information." the following: "The course completion
45 requirement is not applicable to an individual who has
46 comparable training or experience as a mandatory
47 reporter of child abuse or officer of the juvenile
48 court."
49 4. Page 2, by striking lines 1 through 8 and
50 inserting the following: "information under this
Page 3
1 section relating to a specific case of child abuse
2 involving a fatality or near fatality to a child:
3 a. The governor or the governor's designee.
4 b. The member of the senate or employee of the
5 general assembly designated by the majority leader or
6 minority leader of the senate.
7 c. The member of the house of representatives or
8 employee of the general assembly designated by the
9 speaker or minority leader of the house of
10 representatives.
11 NEW SUBSECTION. 8. Upon the request of the
12 governor, the department shall disclose child abuse
13 information to the governor relating to a specific
14 case of child abuse reported to the department.
15 NEW SUBSECTION. 9. If the department receives a
16 request for child abuse information relating to a case
17 of a fatality or near fatality to a child, within five
18 business days of receiving the request the director of
19 human services or the director's designee shall
20 consult with the county attorney responsible for
21 prosecution of any alleged perpetrator of the fatality
22 or near fatality and shall disclose child abuse
23 information relating to the case and the child in
24 accordance with this subsection. The director or the
25 director's designee shall release all child abuse
26 information associated with the case and the child,
27 except for the following:
28 a. The substance or content of any mental health
29 or psychological information that is confidential
30 under chapter 228.
31 b. Information that constitutes the substance or
32 contains the content of an attorney work product or is
33 a privileged communication under section 622.10.
34 c. Information pertaining to the child, the
35 child's family, or any other person that is not
36 directly related to the cause of the fatality or near
37 fatality.
38 d. Information that would reveal the identity of
39 any individual who provided information relating to a
40 report of child abuse or an assessment of such a
41 report involving the child.
42 e. Information that the director or the director's
43 designee reasonably believes is likely to cause mental
44 or physical harm to a sibling of the child or to
45 another child residing in the child's household.
46 f. Information that the director or the director's
47 designee reasonably believes is likely to jeopardize
48 the prosecution of any alleged perpetrator of the
49 fatality or near fatality.
50 g. Information that the director or the director's
Page 4
1 designee reasonably believes is likely to jeopardize
2 the rights of any alleged perpetrator of the fatality
3 or near fatality to a fair trial.
4 h. Information that the director or the director's
5 designee reasonably believes is likely to undermine an
6 ongoing or future criminal investigation.
7 i. Information that is not authorized to be
8 released under federal law or regulation."
9 5. Page 2, by striking lines 11 through 13 and
10 inserting the following:
11 "NEW SUBSECTION. 3. For the purposes of this
12 subsection, "subject of a child abuse report" means
13 any individual listed in section 235A.15, subsection
14 2, paragraph "a", other than the attorney or guardian
15 ad litem of such individual. An individual who is the
16 subject of a child abuse report may redisseminate to
17 the governor".
18 6. Page 2, line 22, by inserting after the word
19 "department." the following: "The course completion
20 requirement is not applicable to an individual who has
21 comparable training or experience as a mandatory
22 reporter of child abuse or officer of the juvenile
23 court."
24 7. Page 2, by inserting after line 27 the
25 following:
26 "Sec. . Section 235A.18, subsection 2, Code
27 Supplement 1999, is amended to read as follows:
28 2. The juvenile or district court and county
29 attorney shall expunge child abuse information upon
30 notice from the registry. The supreme court shall
31 prescribe rules establishing the period of time child
32 abuse information is retained by the juvenile and
33 district courts. a county attorney shall not retain
34 child abuse information in excess of the time period
35 the information would be retained under the rules
36 prescribed by the supreme court. Child abuse
37 information relating to a particular case of child
38 abuse placed in the central registry that a juvenile
39 or district court determines is unfounded in a written
40 finding based upon a preponderance of evidence shall
41 be expunged from the central registry."
42 8. Page 2, by inserting before line 28 the
43 following:
44 "Sec. ___. NEW SECTION. 235A.25 ORDER FOR
45 DISCLOSURE OF CHILD ABUSE INFORMATION.
46 A person whose request for child abuse information
47 under section 235A.15, subsection 9, is denied may
48 apply to the juvenile court for an order compelling
49 disclosure of the information. The application shall
50 state in reasonable detail the factors in support of
Page 5
1 the application. The juvenile court shall have
2 jurisdiction to issue the order. a hearing shall be
3 set immediately upon filing of an application under
4 this section and subsequent proceedings shall be
5 accorded priority by other courts. After the court
6 has reviewed the child abuse information relating to
7 the case in camera, unless the court finds that a
8 restriction listed in section 235A.15, subsection 9,
9 is applicable, the court shall issue an order
10 compelling disclosure of the child abuse information."
11 9. By renumbering as necessary.
Ford of Polk offered amendment H-8158, to amendment H-8151,
filed by him from the floor, division was requested as follows:
H-8158
1 Amend the amendment, H-8151, to House File 2377 as
2 follows:
H-8158A
3 1. By striking page 2, line 43, through page 3,
4 line 10, and inserting the following:
5 " ___. By striking page 1, line 19, through page
6 2, line 8."
H-8158B
7 2. Page 4, by striking lines 9 through 24 and
8 inserting the following:
9 " ___. Page 2, by striking lines 9 through 27.
10 ___. Page 2, by inserting before line 28 the."
Ford of Polk moved the adoption of amendment H-8158A, to
amendment H-8151.
Roll call was requested by Rants of Woodbury and Larson of Linn.
On the question "Shall amendment H-8158A, to amendment
H-8151, be adopted?" (H.F. 2377)
The ayes were, 41:
|
Bell | Bukta | Cataldo | Chiodo |
|
Cohoon | Doderer | Dotzler | Drees |
|
Falck | Foege | Ford | Frevert |
|
Holveck | Huser | Jochum | Kreiman |
|
Kuhn | Larkin | Mascher | May |
|
Mertz | Mundie | Murphy | Myers |
|
O'Brien | Osterhaus | Parmenter | Reynolds |
|
Richardson | Scherrman | Schrader | Shoultz |
|
Stevens | Taylor, D. | Taylor, T. | Thomas |
|
Warnstadt | Weigel | Whitead | Wise |
|
Witt |
|
|
The nays were, 55:
|
Alons | Arnold | Barry | Baudler |
|
Blodgett | Boal | Boddicker | Boggess |
|
Bradley | Brauns | Brunkhorst | Carroll |
|
Cormack | Davis | Dix | Dolecheck |
|
Drake | Eddie | Fallon | Garman |
|
Gipp | Greiner | Grundberg | Hahn |
|
Hansen | Heaton | Hoffman | Holmes |
|
Horbach | Huseman | Jacobs | Jager |
|
Jenkins | Johnson | Kettering | Klemme |
|
Larson | Lord | Martin | Metcalf |
|
Millage | Nelson-Forbes | Raecker | Rants |
|
Rayhons | Shey | Siegrist, Spkr. | Sunderbruch |
|
Teig | Thomson | Tyrrell | Van Engelenhoven |
|
Van Fossen | Welter | Sukup, |
|
| | Presiding |
|
|
Absent or not voting, 4:
|
Connors | Greimann | Houser | Weidman |
|
|
Amendment H-8158A lost.
Speaker Siegrist in the chair at 12:18 p.m.
Ford of Polk asked and received unanimous consent to withdraw
amendment H-8158B, to amendment H-8151.
On motion by Boddicker of Cedar, amendment H-8151 was
adopted, placing amendment H-8065 filed by Brunkhorst of Bremer
on February 28, 2000, out of order.
Kreiman of Davis offered the following amendment H-8071 filed by
him and moved its adoption:
H-8071
1 Amend House File 2377 as follows:
2 1. Page 1, line 6, by inserting after the word
3 "faculty" the following: "and includes a serious
4 bodily injury as described in section 702.18".
Amendment H-8071 was adopted.
Stevens of Dickinson asked and received unanimous consent to
withdraw amendment H-8114 filed by him on February 29, 2000.
Kreiman of Davis asked and received unanimous consent to
withdraw the following amendments:
Amendment H-8068 filed by him on February 28, 2000
Amendment H-8089 filed by him on February 29, 2000
Amendment H-8090 filed by him on February 29, 2000
Amendment H-8106 filed by him on February 29, 2000
Ford of Polk asked and received unanimous consent to withdraw
amendment H-8112 filed by him on February 29, 2000.
Murphy of Dubuque asked and received unanimous consent to
withdraw amendment H-8080 filed by him on February 29, 2000,
© 2000 Cornell College and
League of Women Voters of Iowa
Comments about this site or page?
hjourn@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Fri Nov 10 13:35:00 CST 2000
URL: /DOCS/GA/78GA/Session.2/HJournal/Day/0302.html
jhf