House File 589 H-1078 Amend House File 589 as follows: 1 1. By striking page 1, line 1, through page 3, line 2 35, and inserting: 3 < Section 1. Section 232.147, subsections 1, 2, 3, 4 and 8, Code 2015, are amended to read as follows: 5 1. Juvenile court social records shall be 6 confidential. They shall not be inspected and their 7 contents shall not be disclosed except as provided in 8 this section or as authorized by other provisions in 9 this chapter . 10 2. Official juvenile court records in cases 11 alleging delinquency, including complaints under 12 section 232.28 , shall be public records, subject to the 13 following restrictions: 14 a. Records containing a dismissal of a complaint or 15 an informal adjustment of a complaint when no petition 16 is filed relating to the complaint, shall not be 17 available to the public and may only be inspected by or 18 disclosed to the following: 19 (1) The judge and professional court staff, 20 including juvenile court officers. 21 (2) The child’s counsel or guardian ad litem. 22 (3) The county attorney and county attorney’s 23 assistants. 24 (4) The superintendent or the superintendent’s 25 designee of the school district for the school attended 26 by the child or the authorities in charge of an 27 accredited nonpublic school attended by the child. 28 (5) A member of the armed forces of the United 29 States. 30 (6) The statistical analysis center for the 31 purposes stated in section 216A.136. 32 (7) The state public defender. 33 a. b. Official juvenile court records containing a 34 petition or complaint alleging delinquency filed prior 35 to January 1, 2007, shall be public records subject 36 to a confidentiality order under section 232.149A or 37 sealing under section 232.150 . 38 b. c. Official juvenile court records containing a 39 petition or complaint alleging delinquency filed on or 40 after January 1, 2007, shall be public records subject 41 to a confidentiality order under section 232.149A 42 or sealing under section 232.150 . The official 43 records shall not be available to the public or any 44 governmental agency through the internet or in an 45 electronic customized data report unless the child has 46 been adjudicated delinquent. However, the following 47 shall have access to official juvenile court records 48 through the internet or in an electronic customized 49 data report prior to the child being adjudicated 50 -1- HF589.884 (1) 86 jm/rj 1/ 3 #1.

delinquent: 1 (1) The judge and professional court staff, 2 including juvenile court officers. 3 (2) The child’s counsel or guardian ad litem. 4 (3) The county attorney and the county attorney’s 5 assistants. 6 (4) A court, court professional staff, and adult 7 probation officers in connection with the preparation 8 of a presentence report concerning a person who prior 9 thereto had been the subject of a juvenile court 10 proceeding. 11 (5) A state or local law enforcement agency. 12 (6) The state public defender. 13 (7) The division of criminal and juvenile justice 14 planning of the department of human rights. 15 c. d. If the court has excluded the public from 16 a hearing under division II of this chapter , the 17 transcript of the proceedings shall not be deemed a 18 public record and inspection and disclosure of the 19 contents of the transcript shall not be permitted 20 except pursuant to court order or unless otherwise 21 provided in this chapter . 22 d. e. Complaints under section 232.28 shall be 23 released in accordance with section 915.25 . Other 24 official juvenile court records may be released under 25 this section by a juvenile court officer. 26 3. Official juvenile court records in all cases 27 except those alleging delinquency shall be confidential 28 and are not public records but may be inspected and 29 their contents shall be disclosed to the following 30 without court order: 31 a. The judge and professional court staff, 32 including juvenile court officers. 33 b. The child and the child’s counsel. 34 c. The child’s parent, guardian or custodian, court 35 appointed special advocate, and guardian ad litem, and 36 the members of the child advocacy board created in 37 section 237.16 or a local citizen foster care review 38 board created in accordance with section 237.19 who are 39 assigning or reviewing the child’s case. 40 d. The county attorney and the county attorney’s 41 assistants. 42 e. An agency, association, facility or institution 43 which has custody of the child, or is legally 44 responsible for the care, treatment or supervision of 45 the child. 46 f. A court, court professional staff, and adult 47 probation officers in connection with the preparation 48 of a presentence report concerning a person who prior 49 thereto had been the subject of a juvenile court 50 -2- HF589.884 (1) 86 jm/rj 2/ 3

proceeding. 1 g. The child’s foster parent or an individual 2 providing preadoptive care to the child. 3 h. The state public defender. 4 8. All Subject to restrictions imposed by sections 5 232.48, subsection 4, and 232.97, subsection 3, all 6 juvenile court records shall be made available for 7 inspection and their contents shall be disclosed to any 8 party to the case and the party’s counsel and to any 9 trial or appellate court in connection with an appeal 10 pursuant to division VI of this chapter . 11 Sec. 2. Section 232.149, Code 2015, is amended by 12 adding the following new subsection: 13 NEW SUBSECTION . 2A. Records and files of a 14 criminal or juvenile justice agency concerning a 15 defendant transferred under section 803.6 to the 16 juvenile court for the alleged commission of a public 17 offense are public records, except that release 18 of criminal history data, intelligence data, and 19 law enforcement investigatory files is subject to 20 the provisions of section 22.7 and chapter 692, 21 and juvenile court social records shall be deemed 22 confidential criminal identification files under 23 section 22.7, subsection 9. The records are subject to 24 sealing under section 232.150. > 25 ______________________________ GUSTAFSON of Madison -3- HF589.884 (1) 86 jm/rj 3/ 3