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 10a.(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 13b.(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 19c.(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, ifIf 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 thatparagraphs "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