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