House Amendment 8529


PAG LIN




     1  1    Amend House File 2651, as passed by the House, as
     1  2 follows:
     1  3 #1.  Page 1, by inserting before line 1 the
     1  4 following:
     1  5    <Section 1.  Section 232.147, subsection 2, Code
     1  6 Supplement 2005, is amended to read as follows:
     1  7    2.  Official juvenile court records in cases
     1  8 alleging delinquency, including complaints under
     1  9 section 232.28, shall be public records, subject to
     1 10 sealing under section 232.150 the following
     1 11 restrictions:
     1 12    a.  Official juvenile court records containing a
     1 13 petition or complaint alleging delinquency filed prior
     1 14 to January 1, 2007, shall be public records subject to
     1 15 a confidentiality order under section 232.149A or
     1 16 sealing under section 232.150.
     1 17    b.  Official juvenile court records containing a
     1 18 petition or complaint alleging delinquency filed on or
     1 19 after January 1, 2007, shall be public records subject
     1 20 to a confidentiality order under section 232.149A or
     1 21 sealing under section 232.150.  However, the official
     1 22 records shall not be available to the public through
     1 23 the internet or in an electronic customized data
     1 24 report unless the child has been adjudicated
     1 25 delinquent.
     1 26    c.  If the court has excluded the public from a
     1 27 hearing under division II of this chapter, the
     1 28 transcript of the proceedings shall not be deemed a
     1 29 public record and inspection and disclosure of the
     1 30 contents of the transcript shall not be permitted
     1 31 except pursuant to court order or unless otherwise
     1 32 provided in this chapter.
     1 33    d.  Complaints under section 232.28 shall be
     1 34 released in accordance with section 915.25.  Other
     1 35 official juvenile court records may be released under
     1 36 this section by a juvenile court officer.
     1 37    Sec. 2.  NEW SECTION.  232.149A  CONFIDENTIALITY
     1 38 ORDERS.
     1 39    1.  Notwithstanding any other provision of the Code
     1 40 to the contrary, upon application of a person who was
     1 41 taken into custody for a delinquent act or was the
     1 42 subject of a complaint alleging delinquency or was the
     1 43 subject of a delinquency petition, or upon the court's
     1 44 own motion, the court after hearing, shall order
     1 45 official juvenile court records in the case to be kept
     1 46 confidential and no longer public records under
     1 47 sections 232.147 and 232.149, if the court finds both
     1 48 of the following apply:
     1 49    a.  The case has been dismissed and the person is
     1 50 no longer subject to the jurisdiction of the juvenile
     2  1 court.
     2  2    b.  Making the records confidential is in the best
     2  3 interests of the person and the public.
     2  4    2.  The records subject to a confidentiality order
     2  5 may be sealed at a later date if section 232.150
     2  6 applies.
     2  7    3.  Official juvenile court records subject to a
     2  8 confidentiality order may be inspected and their
     2  9 contents shall be disclosed to the following without
     2 10 court order:
     2 11    a.  The judge and professional court staff,
     2 12 including juvenile court officers.
     2 13    b.  The child and the child's counsel.
     2 14    c.  The child's parent, guardian or custodian,
     2 15 court appointed special advocate, and guardian ad
     2 16 litem, and the members of the child advocacy board
     2 17 created in section 237.16 or a local citizen foster
     2 18 care review board created in accordance with section
     2 19 237.19 who are assigning or reviewing the child's
     2 20 case.
     2 21    d.  The county attorney and the county attorney's
     2 22 assistants.
     2 23    e.  An agency, association, facility, or
     2 24 institution which has custody of the child, or is
     2 25 legally responsible for the care, treatment, or
     2 26 supervision of the child, including but not limited to
     2 27 the department of human services.
     2 28    f.  A court, court professional staff, and adult
     2 29 probation officers in connection with the preparation
     2 30 of a presentence report concerning a person who had
     2 31 been the subject of a juvenile court proceeding.
     2 32    g.  The child's foster parent or an individual
     2 33 providing preadoptive care to the child.
     2 34    h.  A state or local law enforcement agency.
     2 35    4.  If the child has been discharged from the
     2 36 jurisdiction of the juvenile court due to reaching the
     2 37 age of eighteen and restitution remains unpaid, the
     2 38 name of the court, the title of the action, and the
     2 39 court's file number shall not be kept confidential,
     2 40 and the restitution amount shall be a judgment and
     2 41 lien as provided in sections 910.7A, 910.8, 910.10,
     2 42 and 915.28 until the restitution is paid.
     2 43    5.  Pursuant to court order, official juvenile
     2 44 court records subject to a confidentiality order may
     2 45 be inspected by and their contents may be disclosed
     2 46 to:
     2 47    a.  A person conducting bona fide research for
     2 48 research purposes under whatever conditions the court
     2 49 may deem proper, provided that no personal identifying
     2 50 data shall be disclosed to such a person.
     3  1    b.  Persons who have a direct interest in a
     3  2 proceeding or in the work of the court.>
     3  3 #2.  Page 1, line 7, by inserting before the word
     3  4 <records> the following:  <official juvenile court>.
     3  5 #3.  Page 1, line 10, by striking the word <Two>
     3  6 and inserting the following:  <Two The person is
     3  7 eighteen years of age or older and two>.
     3  8 #4.  Page 1, lines 10 and 11, by striking the words
     3  9 <the final discharge of the person or since> and
     3 10 inserting the following:  <the final discharge of the
     3 11 person or since>.
     3 12 #5.  Page 1, line 12, by striking the words <if
     3 13 there was no adjudication and disposition> and
     3 14 inserting the following:  <if there was no
     3 15 adjudication and disposition>.
     3 16 #6.  Title page, by striking lines 1 and 2 and
     3 17 inserting the following:  <An Act relating to juvenile
     3 18 court records and restitution orders.
     3 19 HF 2651.S
     3 20 jm/cc/26

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