Text: HSB00210 Text: HSB00212 Text: HSB00200 - HSB00299 Text: HSB 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 723A.2 which involve a violation of chapter 724, or violation 1 7 of chapter 724 which constitutes a felony, or violations which 1 8 constitute a forcible felony are excluded from the 1 9 jurisdiction of the juvenile court and shall be prosecuted as 1 10 otherwise provided by law unless the court transfers 1 11 jurisdiction of the child to the juvenile court upon motion 1 12 and for good cause. A child over whom jurisdiction has not 1 13 been transferred to the juvenile court, and who is convicted 1 14 of a violation excluded from the jurisdiction of the juvenile 1 15 court under this paragraph, shall be sentenced pursuant to 1 16 section 124.401B, 902.9, or 903.1. In addition, a child over 1 17 whom jurisdiction has not been transferred to the juvenile 1 18 court, or who has previously been waived to district court 1 19 pursuant to section 232.45 and is convicted of a violation in 1 20 district court, shall have all subsequent violations excluded 1 21 from the jurisdiction of the juvenile court. Notwithstanding 1 22 any other provision of the Code to the contrary, the court may 1 23 accept from a child a plea of guilty, or may instruct the jury 1 24 on a lesser included offense to the offense excluded from the 1 25 jurisdiction of the juvenile court under this section, in the 1 26 same manner as regarding an adult. However, the juvenile 1 27 court shall have exclusive original jurisdiction in a 1 28 proceeding concerning an offense of animal torture as provided 1 29 in section 717B.3A alleged to have been committed by a child 1 30 under the age of seventeen. 1 31 Sec. 2. Section 232.8, subsection 4, Code 2001, is amended 1 32 to read as follows: 1 33 4. In a proceeding concerning a child who is alleged to 1 34 have committed a second delinquent actor a second violation1 35excluded from the jurisdiction of the juvenile court, the 2 1 court or the juvenile court shall determine whether there is 2 2 reason to believe that the child regularly abuses alcohol or 2 3 other controlled substance and may be in need of treatment. 2 4 If the court so determines, the court shall advise appropriate 2 5 juvenile authorities and refer such offenders to the juvenile 2 6 court for disposition pursuant to section 232.52A. 2 7 Sec. 3. Section 232.22, subsection 1, paragraph c, Code 2 8 2001, is amended to read as follows: 2 9 c. There is probable cause to believe that the child has 2 10 violated conditions of release imposed under section 232.44, 2 11 subsection 5, paragraph "b", or section 232.52 or 232.54, and2 12there is a substantial probability that the child will run2 13away or otherwise be unavailable for subsequent court2 14appearance. 2 15 Sec. 4. Section 232.45A, subsections 2 and 3, Code 2001, 2 16 are amended to read as follows: 2 17 2. Once a childsixteen years of age or olderhas been 2 18 waived to district court under section 232.45 or commits an 2 19 offense that is excluded from the jurisdiction of the juvenile 2 20 court and is convicted ofan aggravated misdemeanor or a2 21felonya criminal offense inthedistrict court, all criminal 2 22 proceedings against the child for anyaggravated misdemeanor2 23or felonycriminal offense occurring subsequent to the date of 2 24 the conviction of the child shallbeginbe held in district 2 25 court, notwithstanding sections 232.8 and 232.45. A copy of 2 26 the findings required by section 232.45, subsection 10, shall 2 27 be made a part of the record in the district court 2 28 proceedings. 2 29 3. If delinquency proceedings against a childfor an2 30aggravated misdemeanor or a felonywho has previously been 2 31 waived to and convicted ofan aggravated misdemeanor or a2 32felonya criminal offense inthedistrict court are mistakenly 2 33 begun in the juvenile court, the matter shall be transferred 2 34 to district court upon the discovery of the prior waiver and 2 35 conviction, notwithstanding sections 232.8 and 232.45. 3 1 EXPLANATION 3 2 This bill relates to the placement of juveniles in 3 3 detention and to the jurisdiction of the juvenile court. 3 4 The bill provides that a juvenile who has been released 3 5 from detention or shelter and subsequently violates the 3 6 conditions of release may be placed in detention. Current law 3 7 provides that a child who violates the terms and conditions of 3 8 release may only be placed in detention if there is a 3 9 substantial probability that the juvenile will run away or 3 10 otherwise be unavailable for a future court appearance. 3 11 The bill provides that if a juvenile commits an offense 3 12 that is excluded from the jurisdiction of the juvenile court 3 13 under Code section 232.8 or has been waived to district court 3 14 pursuant to Code section 232.45 and is convicted in district 3 15 court, the juvenile shall have all subsequent criminal 3 16 offenses prosecuted in district court. Current law provides 3 17 that under certain circumstances a juvenile who has been 3 18 convicted in district court may have some subsequent criminal 3 19 offenses prosecuted in juvenile court as delinquent acts. 3 20 LSB 3028YC 79 3 21 jm/pj/5
Text: HSB00210 Text: HSB00212 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
© 2001 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@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 Mar 23 03:35:27 CST 2001
URL: /DOCS/GA/79GA/Legislation/HSB/00200/HSB00211/010306.html
jhf