Text: HF00573                           Text: HF00575
Text: HF00500 - HF00599                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 574

Partial Bill History

Bill Text

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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