House File 589 H-1193 Amend House File 589 as follows: 1 1. By striking everything after the enacting clause 2 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 who is conducting a background investigation of 30 an individual pursuant to federal law. 31 (6) The statistical analysis center for the 32 purposes stated in section 216A.136. 33 (7) The state public defender. 34 a. b. Official juvenile court records containing a 35 petition or complaint alleging delinquency filed prior 36 to January 1, 2007, shall be public records subject 37 to a confidentiality order under section 232.149A or 38 sealing under section 232.150 . 39 b. c. Official juvenile court records containing a 40 petition or complaint alleging delinquency filed on or 41 after January 1, 2007, shall be public records subject 42 to a confidentiality order under section 232.149A 43 or sealing under section 232.150 . The official 44 records shall not be available to the public or any 45 governmental agency through the internet or in an 46 electronic customized data report unless the child has 47 been adjudicated delinquent. However, the following 48 shall have access to official juvenile court records 49 through the internet or in an electronic customized 50 -1- HF589.1393 (1) 86 jm/rj 1/ 3 #1.

data report prior to the child being adjudicated 1 delinquent: 2 (1) The judge and professional court staff, 3 including juvenile court officers. 4 (2) The child’s counsel or guardian ad litem. 5 (3) The county attorney and the county attorney’s 6 assistants. 7 (4) A court, court professional staff, and adult 8 probation officers in connection with the preparation 9 of a presentence report concerning a person who prior 10 thereto had been the subject of a juvenile court 11 proceeding. 12 (5) A state or local law enforcement agency. 13 (6) The state public defender. 14 (7) The division of criminal and juvenile justice 15 planning of the department of human rights. 16 c. d. If the court has excluded the public from 17 a hearing under division II of this chapter , the 18 transcript of the proceedings shall not be deemed a 19 public record and inspection and disclosure of the 20 contents of the transcript shall not be permitted 21 except pursuant to court order or unless otherwise 22 provided in this chapter . 23 d. e. Complaints under section 232.28 shall be 24 released in accordance with section 915.25 . Other 25 official juvenile court records may be released under 26 this section by a juvenile court officer. 27 3. Official juvenile court records in all cases 28 except those alleging delinquency shall be confidential 29 and are not public records but may be inspected and 30 their contents shall be disclosed to the following 31 without court order: 32 a. The judge and professional court staff, 33 including juvenile court officers. 34 b. The child and the child’s counsel. 35 c. The child’s parent, guardian or custodian, court 36 appointed special advocate, and guardian ad litem, and 37 the members of the child advocacy board created in 38 section 237.16 or a local citizen foster care review 39 board created in accordance with section 237.19 who are 40 assigning or reviewing the child’s case. 41 d. The county attorney and the county attorney’s 42 assistants. 43 e. An agency, association, facility or institution 44 which has custody of the child, or is legally 45 responsible for the care, treatment or supervision of 46 the child. 47 f. A court, court professional staff, and adult 48 probation officers in connection with the preparation 49 of a presentence report concerning a person who prior 50 -2- HF589.1393 (1) 86 jm/rj 2/ 3

thereto had been the subject of a juvenile court 1 proceeding. 2 g. The child’s foster parent or an individual 3 providing preadoptive care to the child. 4 h. The state public defender. 5 8. All Subject to restrictions imposed by sections 6 232.48, subsection 4, and 232.97, subsection 3, all 7 juvenile court records shall be made available for 8 inspection and their contents shall be disclosed to any 9 party to the case and the party’s counsel and to any 10 trial or appellate court in connection with an appeal 11 pursuant to division VI of this chapter . 12 Sec. 2. Section 232.149, Code 2015, is amended by 13 adding the following new subsection: 14 NEW SUBSECTION . 2A. Records and files of a 15 criminal or juvenile justice agency concerning a 16 defendant transferred under section 803.6 to the 17 juvenile court for the alleged commission of a public 18 offense are public records, except that release 19 of criminal history data, intelligence data, and 20 law enforcement investigatory files is subject to 21 the provisions of section 22.7 and chapter 692, 22 and juvenile court social records shall be deemed 23 confidential criminal identification files under 24 section 22.7, subsection 9. The records are subject to 25 sealing under section 232.150. > 26 ______________________________ GUSTAFSON of Madison -3- HF589.1393 (1) 86 jm/rj 3/ 3