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