House File 2676 - Introduced
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HF 2381)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to sealing and confidentiality of juvenile court
2 records.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6286HV 81
5 jm/sh/8
PAG LIN
1 1 Section 1. Section 232.147, subsections 1 and 2, Code
1 2 Supplement 2005, are amended to read as follows:
1 3 1. Juvenile court records shall be confidential. They
1 4 shall not be inspected and their contents shall not be
1 5 disclosed except as provided in this section or in section
1 6 232.149A.
1 7 2. Official juvenile court records in cases alleging
1 8 delinquency, including complaints under section 232.28, shall
1 9 be public records, subject to sealing under section 232.150 or
1 10 a confidentiality order issued under section 232.149A.
1 11 However, official juvenile court records shall not be posted
1 12 on the internet or available on any official public
1 13 information database in an electronic format, unless the child
1 14 has been adjudicated delinquent. If the court has excluded
1 15 the public from a hearing under division II of this chapter,
1 16 the transcript of the proceedings shall not be deemed a public
1 17 record and inspection and disclosure of the contents of the
1 18 transcript shall not be permitted except pursuant to court
1 19 order or unless otherwise provided in this chapter.
1 20 Complaints under section 232.28 shall be released in
1 21 accordance with section 915.25. Other official juvenile court
1 22 records may be released under this section by a juvenile court
1 23 officer.
1 24 Sec. 2. NEW SECTION. 232.149A CONFIDENTIALITY ORDERS.
1 25 1. Notwithstanding any other provision of the Code to the
1 26 contrary, upon application of a person who was taken into
1 27 custody for a delinquent act or was the subject of a complaint
1 28 alleging delinquency or was the subject of a delinquency
1 29 petition, or upon the court's own motion, the court after
1 30 hearing, shall order official juvenile court records in the
1 31 case to be kept confidential and no longer public records
1 32 under sections 232.147 and 232.149, if the court finds both of
1 33 the following apply:
1 34 a. The case has been dismissed and the person is no longer
1 35 subject to the jurisdiction of the juvenile court.
2 1 b. An adjudication of delinquency was never entered
2 2 against the person as a result of a complaint or petition
2 3 being filed.
2 4 2. The records subject to a confidentiality order may be
2 5 sealed at a later date if section 232.150 applies.
2 6 3. Official juvenile court records subject to a
2 7 confidentiality order may be inspected and their contents
2 8 shall be disclosed to the following without court order:
2 9 a. The judge and professional court staff, including
2 10 juvenile court officers.
2 11 b. The child and the child's counsel.
2 12 c. The child's parent, guardian or custodian, court
2 13 appointed special advocate, and guardian ad litem, and the
2 14 members of the child advocacy board created in section 237.16
2 15 or a local citizen foster care review board created in
2 16 accordance with section 237.19 who are assigning or reviewing
2 17 the child's case.
2 18 d. The county attorney and the county attorney's
2 19 assistants.
2 20 e. An agency, association, facility, or institution which
2 21 has custody of the child, or is legally responsible for the
2 22 care, treatment, or supervision of the child, including but
2 23 not limited to the department of human services.
2 24 f. A court, court professional staff, and adult probation
2 25 officers in connection with the preparation of a presentence
2 26 report concerning a person who had been the subject of a
2 27 juvenile court proceeding.
2 28 g. The child's foster parent or an individual providing
2 29 preadoptive care to the child.
2 30 4. Pursuant to court order, official juvenile court
2 31 records subject to a confidentiality order may be inspected by
2 32 and their contents may be disclosed to:
2 33 a. A person conducting bona fide research for research
2 34 purposes under whatever conditions the court may deem proper,
2 35 provided that no personal identifying data shall be disclosed
3 1 to such a person.
3 2 b. Persons who have a direct interest in a proceeding or
3 3 in the work of the court.
3 4 Sec. 3. Section 232.150, subsection 1, Code 2005, is
3 5 amended to read as follows:
3 6 1. Upon application of a person who was taken into custody
3 7 for a delinquent act or was the subject of a complaint
3 8 alleging delinquency or was the subject of a delinquency
3 9 petition, or upon the court's own motion, the court, after
3 10 hearing, shall order the official juvenile court records in
3 11 the case including those specified in sections 232.147 and
3 12 232.149 sealed if the court finds all of the following:
3 13 a. Two The person is eighteen years of age and two years
3 14 have elapsed since the final discharge of the person or since
3 15 the last official action in the person's case if there was no
3 16 adjudication and disposition.
3 17 b. The person has not been subsequently convicted of a
3 18 felony or an aggravated or serious misdemeanor or adjudicated
3 19 a delinquent child for an act which if committed by an adult
3 20 would be a felony, an aggravated misdemeanor or a serious
3 21 misdemeanor and no proceeding is pending seeking such
3 22 conviction or adjudication.
3 23 c. The person was not placed on youthful offender status,
3 24 transferred back to district court after the youthful
3 25 offender's eighteenth birthday, and sentenced for the offense
3 26 which precipitated the youthful offender placement.
3 27 However, if the person was adjudicated delinquent for an
3 28 offense which if committed by an adult would be an aggravated
3 29 misdemeanor or a felony, the court shall not order the records
3 30 in the case sealed unless, upon application of the person or
3 31 upon the court's own motion and after hearing, the court finds
3 32 that paragraphs "a" and "b" apply and that the sealing is in
3 33 the best interests of the person and the public.
3 34 If the person is under eighteen years of age, and if upon
3 35 application or upon the court's own motion and after hearing,
4 1 the court finds that paragraphs "b" and "c" apply, the court
4 2 may order the records sealed, if sealing the records is in the
4 3 best interests of the person and the public.
4 4 Sec. 4. Section 232.150, subsection 4, Code 2005, is
4 5 amended by adding the following new paragraph:
4 6 NEW PARAGRAPH. c. All online records and online
4 7 references to the records and any other information in an
4 8 electronic format shall be deleted.
4 9 EXPLANATION
4 10 This bill relates to making juvenile records confidential
4 11 and to the sealing of such records.
4 12 The bill provides that juvenile court records related to
4 13 delinquency shall not be available to the public in an
4 14 electronic format unless the juvenile has been adjudicated a
4 15 delinquent. Current law permits juvenile records related to
4 16 delinquency to be viewed in an electronic format unless the
4 17 records have been sealed.
4 18 The bill allows juvenile court delinquency records to be
4 19 confidential prior to the records being sealed. Under the
4 20 bill, juvenile court delinquency records shall be kept
4 21 confidential if the case against the juvenile has been
4 22 dismissed and an adjudication of delinquency was never
4 23 entered. The bill provides that juvenile delinquency records
4 24 that are ordered confidential shall remain available to court
4 25 personnel, attorneys of record including the county attorney,
4 26 the child and the child's parents, and any agency which has
4 27 custody of the child. Current law does not make juvenile
4 28 delinquency records confidential unless the records have been
4 29 sealed pursuant to Code section 232.150.
4 30 The bill changes the time period when a delinquency record
4 31 of a juvenile can be sealed. The bill specifies that juvenile
4 32 delinquency records may be sealed if the juvenile is 18 years
4 33 of age and two years have elapsed since the last official
4 34 action in the case. Current law requires that two years have
4 35 elapsed since the final discharge of the juvenile or two years
5 1 have elapsed since the last official action in the juvenile's
5 2 case if there was no adjudication and disposition. The bill
5 3 does not change the other additional factors the court must
5 4 consider prior to sealing the juvenile court records under
5 5 Code section 232.150, subsection 1.
5 6 The bill permits the sealing of juvenile delinquency
5 7 records if the person is under 18 years of age and the person
5 8 has not subsequently committed another criminal offense
5 9 greater than a simple misdemeanor, and, if applicable,
5 10 successfully completed any youthful offender placement, and
5 11 the court finds sealing the records is in the best interest of
5 12 the juvenile and the public.
5 13 LSB 6286HV 81
5 14 jm:nh/sh/8