Text: HF00573 Text: HF00575 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 232.22, subsection 1, Code 2001, is 1 2 amended by adding the following new paragraph: 1 3 NEW PARAGRAPH. h. There is probable cause to believe that 1 4 the child has committed a delinquent act that, if committed by 1 5 an adult, would violate the prohibition against carrying 1 6 weapons on school grounds under section 724.4B. 1 7 Sec. 2. Section 232.44, subsection 6, Code 2001, is 1 8 amended to read as follows: 1 9 6. If the court finds that there is probable cause to 1 10 believe that the child is within the jurisdiction of the court 1 11 under this chapter and that full-time detention or shelter 1 12 care is authorized under section 232.21 or 232.22 or that 1 13 detention is authorized under section 232.23, it may issue an 1 14 order authorizing either shelter care or detention until the 1 15 adjudicatory hearing or trial is held or for a period not 1 16 exceeding seven days, whichever is shorter. However, in the 1 17 case of a child placed in detention under section 232.23, this 1 18 period may be extended by agreement of the parties and the 1 19 court. However, if the court finds that that full-time 1 20 detention is authorized because there is probable cause to 1 21 believe that the child has committed a delinquent act that, if 1 22 committed by an adult, would violate the prohibition against 1 23 carrying weapons on school grounds under section 724.4B, the 1 24 court shall not order the child's release until the child has 1 25 been in detention for not less than seventy-two hours or, if a 1 26 physical or mental examination is to be conducted at the 1 27 detention facility, until a physical or mental examination is 1 28 completed as provided under section 232.49, subsection 4. 1 29 Sec. 3. Section 232.49, Code 2001, is amended by adding 1 30 the following new subsection: 1 31 NEW SUBSECTION. 4. After the filing of a delinquency 1 32 petition the court shall order a physical or mental 1 33 examination of the child if there is probable cause to believe 1 34 the child has committed a delinquent act which would be a 1 35 violation under section 724.4B if committed by an adult. The 2 1 examination may be conducted at the detention facility, on an 2 2 out-patient basis if the child is not placed in detention, or 2 3 the court may commit the child to a hospital, facility, or 2 4 institution for the purpose of conducting such an examination. 2 5 Commitment for examination shall not exceed thirty days and 2 6 the civil commitment provisions of chapter 229 shall not 2 7 apply. 2 8 EXPLANATION 2 9 This bill provides for placement in detention and requires 2 10 a physical or mental examination of a child who carries a 2 11 firearm on school grounds. The bill provides that if there is 2 12 probable cause to believe a child has committed a delinquent 2 13 act for carrying a firearm on school grounds, the child may be 2 14 placed in detention. The bill provides that if the child is 2 15 placed in detention, the child must stay for a period of at 2 16 least 72 hours or, if a physical or mental examination is to 2 17 be conducted at the detention facility, until a physical or 2 18 mental examination has been conducted. The bill provides that 2 19 the examination may be conducted in detention, or on an out- 2 20 patient basis if the child is not placed in detention, or the 2 21 court may commit the person to a hospital, facility, or 2 22 institution in order for the examination to be conducted. The 2 23 commitment for an examination shall not exceed 30 days. 2 24 LSB 1165YH 79 2 25 jm/cf/24
Text: HF00573 Text: HF00575 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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