House File 2114 - Introduced
HOUSE FILE
BY ALONS
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the confidentiality of the juvenile records of
2 a juvenile sex offender.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5432YH 81
5 jm/gg/14
PAG LIN
1 1 Section 1. Section 232.150, subsection 1, Code 2005, is
1 2 amended to read as follows:
1 3 1. a. Upon application of a person who was taken into
1 4 custody for a delinquent act or was the subject of a complaint
1 5 alleging delinquency or was the subject of a delinquency
1 6 petition, or upon the court's own motion, the court, after
1 7 hearing, shall order the records in the case including those
1 8 specified in sections 232.147 and 232.149 sealed if the court
1 9 finds all of the following:
1 10 a. (1) Two years have elapsed since the final discharge
1 11 of the person or since the last official action in the
1 12 person's case if there was no adjudication and disposition.
1 13 b. (2) The person has not been subsequently convicted of
1 14 a felony or an aggravated or serious misdemeanor or
1 15 adjudicated a delinquent child for an act which if committed
1 16 by an adult would be a felony, an aggravated misdemeanor or a
1 17 serious misdemeanor and no proceeding is pending seeking such
1 18 conviction or adjudication.
1 19 (3) The person was not placed on the sex offender registry
1 20 as provided in section 692A.2.
1 21 c. (4) The person was not placed on youthful offender
1 22 status, transferred back to district court after the youthful
1 23 offender's eighteenth birthday, and sentenced for the offense
1 24 which precipitated the youthful offender placement.
1 25 b. However, if the person was adjudicated delinquent for
1 26 an offense which if committed by an adult would be an
1 27 aggravated misdemeanor or a felony, the court shall not order
1 28 the records in the case sealed unless, upon application of the
1 29 person or upon the court's own motion and after hearing, the
1 30 court finds that paragraphs paragraph "a" and "b",
1 31 subparagraphs (1), (2), and (3), apply and that the sealing is
1 32 in the best interests of the person and the public.
1 33 Sec. 2. Section 692A.13, subsection 7, Code Supplement
1 34 2005, is amended to read as follows:
1 35 7. Notwithstanding sections 232.147 through 232.151,
2 1 records concerning convictions which are committed by a minor
2 2 may be released in the same manner as records of convictions
2 3 of adults, and shall not be sealed as provided in section
2 4 232.150.
2 5 EXPLANATION
2 6 This bill relates to the confidentiality of the juvenile
2 7 records of a juvenile sex offender.
2 8 Under the bill, the juvenile records relating to a person
2 9 who has been required to register as a sex offender under Code
2 10 chapter 692A as a juvenile shall be public records. Current
2 11 law permits a judge to seal the juvenile records of a juvenile
2 12 sex offender if it has been two years since the adjudication,
2 13 the person has not subsequently been convicted of an
2 14 aggravated misdemeanor or felony, and it is in the best
2 15 interests of the person and the public.
2 16 LSB 5432YH 81
2 17 jm:rj/gg/14