House Study Bill 716



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON JUDICIARY
                                            BILL BY CHAIRPERSON PAULSEN)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to a restitution order in a juvenile delinquency
  2    proceeding.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5481HC 81
  5 jm/je/5

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    c.  (3)  The person was not placed on youthful offender
  1 20 status, transferred back to district court after the youthful
  1 21 offender's eighteenth birthday, and sentenced for the offense
  1 22 which precipitated the youthful offender placement.
  1 23    b.  However, if If the person was adjudicated delinquent
  1 24 for an offense which if committed by an adult would be an
  1 25 aggravated misdemeanor or a felony, the court shall not order
  1 26 the records in the case sealed unless, upon application of the
  1 27 person or upon the court's own motion and after hearing, the
  1 28 court finds that paragraphs "a" and "b" subparagraphs (1) and
  1 29 (2) apply and that the sealing is in the best interests of the
  1 30 person and the public.
  1 31    c.  If the person is required to pay monetary restitution
  1 32 to a victim due to a delinquent act and the restitution is
  1 33 unpaid, the records in the case may be sealed, but the name of
  1 34 the court, the title of the action, and the court's file
  1 35 number shall remain unsealed as provided in section 910.10 and
  2  1 the restitution amount shall be a judgment and lien as
  2  2 provided in sections 910.7A, 910.8, 910.10, and 915.28 until
  2  3 the restitution is paid in full.
  2  4    Sec. 2.  Section 910.10, subsection 2, Code 2005, is
  2  5 amended by adding the following new paragraph:
  2  6    NEW PARAGRAPH.  cc.  If applicable, any juvenile
  2  7 delinquency proceeding pursuant to which the lien is filed,
  2  8 including only the name of the court, the title of the action,
  2  9 and the court's file number.
  2 10    Sec. 3.  Section 910.10, subsection 3, Code 2005, is
  2 11 amended by adding the following new paragraph:
  2 12    NEW PARAGRAPH.  c.  A victim in a juvenile delinquency
  2 13 proceeding after restitution has been determined and ordered
  2 14 by the juvenile court and the juvenile offender has been
  2 15 discharged from the jurisdiction of the juvenile court due to
  2 16 reaching the age of eighteen years.
  2 17    Sec. 4.  Section 915.28, Code 2005, is amended by adding
  2 18 the following new subsection:
  2 19    NEW SUBSECTION.  4.  Upon final discharge from the
  2 20 jurisdiction of juvenile court due to the juvenile reaching
  2 21 the age of eighteen years, any restitution order consisting of
  2 22 monetary payment to the victim due to a delinquent act shall
  2 23 constitute a judgment and lien against all property of the
  2 24 person liable for the amount the person was obligated to pay
  2 25 under the order of the juvenile court, and may be recorded and
  2 26 enforced as provided in sections 910.7A, 910.8, and 910.10.
  2 27                           EXPLANATION
  2 28    This bill relates to a restitution order in a juvenile
  2 29 delinquency proceeding.
  2 30    The bill provides that a juvenile court restitution order
  2 31 in a delinquency proceeding shall constitute a judgment and
  2 32 lien against all the property of the juvenile, if the juvenile
  2 33 is discharged from the jurisdiction of the juvenile court
  2 34 after attaining the age of majority and the restitution order
  2 35 remains unpaid.
  3  1    The bill also provides that the juvenile delinquency
  3  2 records may be sealed under Code section 232.150.  However,
  3  3 the name of the court, the title of the action, and the
  3  4 court's file number shall remain unsealed and the restitution
  3  5 order shall remain a judgment and lien against any property of
  3  6 the juvenile after the juvenile has attained the age of 18
  3  7 until the restitution is paid in full.
  3  8 LSB 5481HC 81
  3  9 jm:nh/je/5