Text: HF02524 Text: HF02526 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 232.8, subsection 1, paragraph c, Code
1 2 2001, is amended to read as follows:
1 3 c. Violations by a child, aged sixteen or older, which
1 4 subject the child to the provisions of section 124.401,
1 5 subsection 1, paragraph "e" or "f", or violations of section
1 6 712.7, or violations of section 707.6A, or violations of
1 7 section 723A.2 which involve a violation of chapter 724, or
1 8 violation of chapter 724 which constitutes a felony, or
1 9 violations which constitute a forcible felony are excluded
1 10 from the jurisdiction of the juvenile court and shall be
1 11 prosecuted as otherwise provided by law unless the court
1 12 transfers jurisdiction of the child to the juvenile court upon
1 13 motion and for good cause. A child over whom jurisdiction has
1 14 not been transferred to the juvenile court, and who is
1 15 convicted of a violation excluded from the jurisdiction of the
1 16 juvenile court under this paragraph, shall be sentenced
1 17 pursuant to section 124.401B, 902.9, or 903.1.
1 18 Notwithstanding any other provision of the Code to the
1 19 contrary, the court may accept from a child a plea of guilty,
1 20 or may instruct the jury on a lesser included offense to the
1 21 offense excluded from the jurisdiction of the juvenile court
1 22 under this section, in the same manner as regarding an adult.
1 23 However, the juvenile court shall have exclusive original
1 24 jurisdiction in a proceeding concerning an offense of animal
1 25 torture as provided in section 717B.3A alleged to have been
1 26 committed by a child under the age of seventeen.
1 27 EXPLANATION
1 28 This bill excludes from the jurisdiction of the juvenile
1 29 court the criminal offenses of making a false report and
1 30 homicide or serious injury by a motor vehicle, if the
1 31 perpetrator is 16 years of age or older. The criminal offense
1 32 of making a false report is a class "D" felony. The penalty
1 33 for homicide or serious injury by motor vehicle ranges from a
1 34 class "B" felony to a class "D" felony.
1 35 A juvenile excluded from the jurisdiction of the juvenile
2 1 court may be transferred to juvenile court by the district
2 2 court pursuant to Code section 803.6.
2 3 A class "D" felony is punishable by confinement for no more
2 4 than five years and a fine of at least $750 but not more than
2 5 $7,500. A class "C" felony is punishable by confinement for
2 6 no more than 10 years and a fine of at least $1,000 but not
2 7 more than $10,000. A class "B" felony is punishable by
2 8 confinement for no more than 25 years.
2 9 LSB 5517HV 79
2 10 jm/cls/14
Text: HF02524 Text: HF02526 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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