House File 105 - Introduced HOUSE FILE BY HEATON Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the youthful offender status of a juvenile in 2 adult court. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1795YH 83 5 jm/nh/5 PAG LIN 1 1 Section 1. Section 232.8, subsection 1, paragraph c, Code 1 2 2009, is amended to read as follows: 1 3 c. Violations by a child, aged sixteen or older, which 1 4 subject the child to the provisions of section 124.401, 1 5 subsection 1, paragraph "e" or "f", or violations of section 1 6 723A.2 which involve a violation of chapter 724, or violation 1 7 of chapter 724 which constitutes a felony, or violations which 1 8 constitute a forcible felony are excluded from the 1 9 jurisdiction of the juvenile court and shall be prosecuted as 1 10 otherwise provided by law unless the court transfers 1 11 jurisdiction of the child to the juvenile court upon motion 1 12 and for good cause. A child over whom jurisdiction has not 1 13 been transferred to the juvenile court, and who is convicted 1 14 of a violation excluded from the jurisdiction of the juvenile 1 15 court under this paragraph, shall be sentenced pursuant to 1 16 section 124.401B, 902.9, or 903.1, unless supervision has been 1 17 transferred to juvenile court pursuant to section 907.3A. 1 18 Notwithstanding any other provision of the Code to the 1 19 contrary, the court may accept from a child a plea of guilty, 1 20 or may instruct the jury on a lesser included offense to the 1 21 offense excluded from the jurisdiction of the juvenile court 1 22 under this section, in the same manner as regarding an adult. 1 23 However, the juvenile court shall have exclusive original 1 24 jurisdiction in a proceeding concerning an offense of animal 1 25 torture as provided in section 717B.3A alleged to have been 1 26 committed by a child under the age of seventeen. 1 27 Sec. 2. Section 232.45, subsection 7, paragraph a, Code 1 28 2009, is amended to read as follows: 1 29 a. The child isfifteenseventeen years of age or younger. 1 30 EXPLANATION 1 31 This bill relates to the youthful offender status of a 1 32 juvenile in adult court. 1 33 The bill provides that a juvenile 17 years of age or 1 34 younger is eligible to be placed on youthful offender status 1 35 in adult court. Current law provides that a juvenile 15 years 2 1 of age or younger is eligible to be placed on youthful 2 2 offender status in adult court. 2 3 A youthful offender is a juvenile waived to the 2 4 jurisdiction of adult court pursuant to the provisions of Code 2 5 section 232.45(7) but is supervised in juvenile court pursuant 2 6 to the provisions of Code section 907.3A. 2 7 LSB 1795YH 83 2 8 jm/nh/5