S-3329

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