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 is fifteen seventeen 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