Senate
File
434
H-1252
Amend
Senate
File
434,
as
passed
by
the
Senate,
as
follows:
1
1.
By
striking
everything
after
the
enacting
clause
and
2
inserting:
3
<
Section
1.
Section
232.147,
Code
2017,
is
amended
by
adding
4
the
following
new
subsection:
5
NEW
SUBSECTION
.
1A.
Official
juvenile
court
records
6
in
all
cases
except
those
alleging
delinquency
shall
be
7
confidential
and
are
not
public
records.
Confidential
records
8
may
be
inspected
and
their
contents
shall
be
disclosed
to
9
the
following
without
court
order,
provided
that
a
person
or
10
entity
who
inspects
or
receives
a
confidential
record
under
11
this
section
shall
not
disclose
the
confidential
record
or
its
12
contents
unless
required
by
law:
13
a.
The
judge
and
professional
court
staff,
including
14
juvenile
court
officers.
15
b.
The
child
and
the
child’s
counsel.
16
c.
The
child’s
parent,
guardian
or
custodian,
court
17
appointed
special
advocate,
and
guardian
ad
litem,
and
18
the
members
of
the
child
advocacy
board
created
in
section
19
237.16
or
a
local
citizen
foster
care
review
board
created
in
20
accordance
with
section
237.19
who
are
assigning
or
reviewing
21
the
child’s
case.
22
d.
The
county
attorney
and
the
county
attorney’s
assistants.
23
e.
An
agency,
association,
facility,
or
institution
which
24
has
custody
of
the
child,
or
is
legally
responsible
for
the
25
care,
treatment,
or
supervision
of
the
child,
including
but
not
26
limited
to
the
department
of
human
services.
27
f.
A
court,
court
professional
staff,
and
adult
probation
28
officers
in
connection
with
the
preparation
of
a
presentence
29
report
concerning
a
person
who
prior
thereto
had
been
the
30
subject
of
a
juvenile
court
proceeding.
31
g.
The
child’s
foster
parent
or
an
individual
providing
32
preadoptive
care
to
the
child.
33
h.
The
state
public
defender.
34
Sec.
2.
Section
232.147,
subsections
2
and
3,
Code
2017,
are
35
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5
#1.
amended
to
read
as
follows:
1
2.
Official
juvenile
court
records
in
all
cases
containing
a
2
petition
or
a
complaint
alleging
the
commission
of
a
delinquent
3
act
except
those
alleging
the
commission
of
a
delinquent
act
4
that
would
be
a
forcible
felony
if
committed
by
an
adult
shall
5
be
confidential
and
are
not
public
records.
Unless
an
order
6
sealing
such
confidential
records
in
a
delinquency
proceeding
7
has
been
entered
pursuant
to
section
232.150
,
confidential
8
records
may
be
inspected
and
their
contents
shall
be
disclosed
9
to
the
following
without
court
order,
provided
that
a
person
10
or
entity
who
inspects
or
receives
a
confidential
record
under
11
this
section
shall
not
disclose
the
confidential
record
or
its
12
contents
unless
required
by
law:
13
a.
The
judge
and
professional
court
staff,
including
14
juvenile
court
officers.
15
b.
The
child
and
the
child’s
counsel.
16
c.
The
child’s
parent,
guardian
or
custodian,
court
17
appointed
special
advocate,
and
guardian
ad
litem,
and
18
the
members
of
the
child
advocacy
board
created
in
section
19
237.16
or
a
local
citizen
foster
care
review
board
created
in
20
accordance
with
section
237.19
who
are
assigning
or
reviewing
21
the
child’s
case.
22
d.
The
county
attorney
and
the
county
attorney’s
assistants.
23
e.
An
agency,
association,
facility
or
institution
which
24
has
custody
of
the
child,
or
is
legally
responsible
for
the
25
care,
treatment
or
supervision
of
the
child,
including
but
not
26
limited
to
the
department
of
human
services.
27
f.
A
court,
court
professional
staff,
and
adult
probation
28
officers
in
connection
with
the
preparation
of
a
presentence
29
report
concerning
a
person
who
prior
thereto
had
been
the
30
subject
of
a
juvenile
court
delinquency
proceeding.
31
g.
The
child’s
foster
parent
or
an
individual
providing
32
preadoptive
care
to
the
child.
33
h.
The
state
public
defender.
34
i.
The
department
of
corrections.
35
-2-
SF434.1894
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87
hb/rj
2/
5
j.
A
judicial
district
department
of
correctional
services.
1
k.
The
board
of
parole.
2
l.
The
superintendent
or
the
superintendent’s
designee
of
3
the
school
district
for
the
school
attended
by
the
child
or
4
the
authorities
in
charge
of
an
accredited
nonpublic
school
5
attended
by
the
child.
6
m.
A
member
of
the
armed
forces
of
the
United
States
who
is
7
conducting
a
background
investigation
of
an
individual
pursuant
8
to
federal
law.
9
n.
The
statistical
analysis
center
for
the
purposes
stated
10
in
section
216A.136
.
11
o.
A
state
or
local
law
enforcement
agency.
12
p.
The
alleged
victim
of
the
delinquent
act.
13
a.
The
judge
and
professional
staff,
including
juvenile
14
court
officers.
15
b.
The
child
and
the
child’s
counsel
or
guardian
ad
litem.
16
c.
The
prosecuting
county
attorney
and
the
prosecuting
17
county
attorney’s
assistants.
18
d.
A
court,
court
professional
staff,
and
adult
probation
19
officers
in
connection
with
the
preparation
of
a
presentence
20
report
concerning
a
person
who
prior
thereto
had
been
the
21
subject
of
a
juvenile
court
proceeding.
22
e.
A
state
or
local
law
enforcement
agency.
23
f.
The
state
public
defender.
24
g.
The
statistical
analysis
center
for
the
purposes
stated
25
in
section
216A.136.
26
h.
The
department
of
human
services.
27
i.
The
department
of
corrections.
28
j.
A
judicial
district
department
of
correctional
services.
29
k.
The
board
of
parole.
30
l.
The
superintendent
or
the
superintendent’s
designee
of
31
the
school
district
for
the
school
attended
by
the
child
or
32
the
authorities
in
charge
of
an
accredited
nonpublic
school
33
attended
by
the
child.
34
m.
A
member
of
the
armed
forces
of
the
United
States
who
is
35
-3-
SF434.1894
(2)
87
hb/rj
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5
conducting
a
background
investigation
of
an
individual
pursuant
1
to
federal
law.
2
n.
The
alleged
victim
of
the
delinquent
act.
3
o.
A
federal
law
enforcement
officer.
4
3.
Official
juvenile
court
records
containing
a
petition
5
or
complaint
alleging
the
commission
of
a
delinquent
act
that
6
would
be
a
forcible
felony
if
committed
by
an
adult
shall
be
7
public
records
subject
to
a
confidentiality
order
under
section
8
232.149A
or
sealing
under
section
232.150
.
However,
such
9
official
records
shall
not
be
available
to
the
public
or
any
10
governmental
agency
through
the
internet
or
in
an
electronic
11
customized
data
report
unless
the
child
has
been
adjudicated
12
delinquent
in
the
matter.
However,
such
official
juvenile
13
court
records
shall
be
disclosed
through
the
internet
or
in
14
an
electronic
customized
data
report
prior
to
the
child
being
15
adjudicated
delinquent
to
the
following
without
court
order:
16
a.
The
judge
and
professional
court
staff,
including
17
juvenile
court
officers.
18
b.
The
child
and
the
child’s
counsel
or
guardian
ad
litem.
19
c.
The
prosecuting
county
attorney
and
the
prosecuting
20
county
attorney’s
assistants.
21
d.
A
court,
court
professional
staff,
and
adult
probation
22
officers
in
connection
with
the
preparation
of
a
presentence
23
report
concerning
a
person
who
prior
thereto
had
been
the
24
subject
of
a
juvenile
court
proceeding.
25
e.
A
state
or
local
law
enforcement
agency.
26
f.
The
state
public
defender.
27
g.
The
statistical
analysis
center
for
the
purposes
stated
28
in
section
216A.136
.
29
h.
The
department
of
human
services.
30
i.
The
department
of
corrections.
31
j.
A
judicial
district
department
of
correctional
services.
32
k.
The
board
of
parole.
33
l.
The
superintendent
or
the
superintendent’s
designee
of
34
the
school
district
for
the
school
attended
by
the
child
or
35
-4-
SF434.1894
(2)
87
hb/rj
4/
5
the
authorities
in
charge
of
an
accredited
nonpublic
school
1
attended
by
the
child.
2
m.
A
member
of
the
armed
forces
of
the
United
States
who
is
3
conducting
a
background
investigation
of
an
individual
pursuant
4
to
federal
law.
5
n.
The
alleged
victim
of
the
delinquent
act.
6
o.
A
federal
law
enforcement
officer.
7
Sec.
3.
Section
232.150,
subsection
4,
paragraph
a,
Code
8
2017,
is
amended
to
read
as
follows:
9
a.
All
agencies
and
persons
having
custody
of
records
which
10
are
named
therein,
shall
send
such
records
to
the
court
issuing
11
the
order.
Maintenance
or
destruction
of
these
records
shall
12
be
prescribed
by
the
state
court
administrator.
>
13
2.
Title
page,
lines
1
and
2,
by
striking
<
the
sealing
14
of
certain
criminal
offenders’
juvenile
delinquency
records
>
15
and
inserting
<
the
confidentiality
and
disclosure
of
certain
16
juvenile
records
>
17
3.
By
renumbering
as
necessary.
18
______________________________
COMMITTEE
ON
JUDICIARY
BALTIMORE
of
Boone,
Chairperson
-5-
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87
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5
#2.
#3.