S.F. 2361 Section 1. Section 232.51, Code 2009, is amended to read as 1 follows: 2 232.51 Disposition of child with mental illness or mental 3 retardation. 4 If the evidence received at an adjudicatory or a 5 dispositional hearing indicates that the child is mentally 6 ill, the court may direct the juvenile court officer or the 7 department to initiate proceedings or to assist the child’s 8 parent or guardian to initiate civil commitment proceedings 9 in the juvenile court. These proceedings in the juvenile 10 court shall adhere to the requirements of chapter 229. If the 11 evidence received at an adjudicatory or a dispositional hearing 12 indicates that the child is mentally retarded, the court may 13 direct the juvenile court officer or the department to initiate 14 proceedings or to assist the child’s parent or guardian to 15 initiate civil commitment proceedings in the juvenile court. 16 These proceedings shall adhere to the requirements of chapter 17 222. If the child is committed as a child with mental illness 18 or mental retardation, any order adjudicating the child to have 19 committed a delinquent act shall be set aside and the petition 20 shall be dismissed. 21 Sec. 2. Section 236.2, subsection 2, paragraph c, Code 22 Supplement 2009, is amended to read as follows: 23 c. The assault is between persons who are parents of the 24 same minor child, regardless of whether they have been married 25 or have lived together at any time. 26 Sec. 3. Section 719.1, subsections 1 and 2, Code 2009, are 27 amended to read as follows: 28 1. a. A person who knowingly resists or obstructs anyone 29 known by the person to be a peace officer, emergency medical 30 care provider under chapter 147A, or fire fighter, whether 31 paid or volunteer, in the performance of any act which is 32 within the scope of the lawful duty or authority of that 33 officer, emergency medical care provider under chapter 147A, 34 or fire fighter, whether paid or volunteer, or who knowingly 35 -1- LSB 1462SV (5) 83 jm/rj 1/ 8

S.F. 2361 resists or obstructs the service or execution by any authorized 1 person of any civil or criminal process or order of any 2 court, commits a simple misdemeanor. In addition to any 3 other penalties, the punishment imposed for a violation of 4 this subsection paragraph shall include assessment of a fine 5 of not less than two hundred fifty dollars. However, if a 6 person commits an interference with official acts, as defined 7 in this subsection , and in so doing inflicts bodily injury 8 other than serious injury, that person commits an aggravated 9 misdemeanor. If a person commits an interference with official 10 acts, as defined in this subsection , and in so doing inflicts 11 or attempts to inflict serious injury, or displays a dangerous 12 weapon, as defined in section 702.7 , or is armed with a 13 firearm, that person commits a class “D” felony. 14 b. If a person commits a violation of paragraph “a” which 15 results in bodily injury, the person commits an aggravated 16 misdemeanor. 17 c. If a person commits a violation of paragraph “a” which 18 results in serious injury, or the person displays a dangerous 19 weapon, as defined in section 702.7, or is armed with a 20 firearm, the person commits a class “D” felony. 21 2. a. A person under the custody, control, or supervision 22 of the department of corrections who knowingly resists, 23 obstructs, or interferes with a correctional officer, agent, 24 employee, or contractor, whether paid or volunteer, in the 25 performance of the person’s official duties, commits a serious 26 misdemeanor. If a person violates this subsection and in so 27 doing commits an assault, as defined in section 708.1 , the 28 person commits an aggravated misdemeanor. If a person violates 29 this subsection and in so doing inflicts or attempts to inflict 30 bodily injury other than serious injury to another, displays 31 a dangerous weapon, as defined in section 702.7 , or is armed 32 with a firearm, the person commits a class “D” felony. If a 33 person violates this subsection and uses or attempts to use 34 a dangerous weapon, as defined in section 702.7 , or inflicts 35 -2- LSB 1462SV (5) 83 jm/rj 2/ 8

S.F. 2361 serious injury to another, the person commits a class “C” 1 felony. 2 b. If a person violates paragraph “a” and commits an 3 assault, as defined in section 708.1, the person commits an 4 aggravated misdemeanor. 5 c. If a person commits a violation of paragraph “a” which 6 results in serious injury, or the person displays a dangerous 7 weapon, as defined in section 702.7, or is armed with a 8 firearm, the person commits a class “D” felony. 9 d. If a person commits a violation of paragraph “a” and uses 10 or attempts to use a dangerous weapon, as defined in section 11 702.7, or the violation results in serious injury to another, 12 the person commits a class “C” felony. 13 Sec. 4. Section 728.5, Code 2009, is amended to read as 14 follows: 15 728.5 Public indecent exposure in certain establishments. 16 1. An owner, manager, or person who exercises direct control 17 over a place of business required to obtain a sales tax permit 18 shall be guilty of a serious misdemeanor under any of the 19 following circumstances: 20 1. a. If such person allows or permits the actual or 21 simulated public performance of any sex act upon or in such 22 place of business. 23 2. b. If such person allows or permits the exposure of the 24 genitals or buttocks or female breast of any person who acts 25 as a waiter or waitress. 26 3. c. If such person allows or permits the exposure of 27 the genitals or female breast nipple of any person who acts 28 as an entertainer, whether or not the owner of the place of 29 business in which the activity is performed employs or pays any 30 compensation to such person to perform such activity. 31 4. d. If such person allows or permits any person to remain 32 in or upon the place of business who exposes to public view the 33 person’s genitals, pubic hair, or anus. 34 5. e. If such person advertises that any activity 35 -3- LSB 1462SV (5) 83 jm/rj 3/ 8

S.F. 2361 prohibited by this section is allowed or permitted in such 1 place of business. 2 6. f. If such person allows or permits a minor to engage 3 in or otherwise perform in a live act intended to arouse or 4 satisfy the sexual desires or appeal to the prurient interests 5 of patrons. 6 2. However, if such person allows or permits a minor to 7 participate in any act included in subsections 1 through 8 4 subsection 1, paragraphs “a” through “d” , the person shall be 9 guilty of an aggravated misdemeanor. 10 3. The Except for subsection 1, paragraph “f” , 11 the provisions of this section shall not apply to a theater, 12 concert hall, art center, museum, or similar establishment 13 which is primarily devoted to the arts or theatrical 14 performances and in which any of the circumstances contained 15 in this section were permitted or allowed as part of such art 16 exhibits or performances. 17 Sec. 5. Section 728.8, Code 2009, is amended to read as 18 follows: 19 728.8 Suspension of licenses or permits. 20 Any person who knowingly permits a violation of section 21 728.2, 728.3, or 728.5, subsection 6 1 , paragraph “f” , to occur 22 on premises under the person’s control shall have all permits 23 and licenses issued to the person under state or local law as a 24 prerequisite for doing business on such premises revoked for 25 a period of six months. The county attorney shall notify all 26 agencies responsible for issuing licenses and permits of any 27 conviction under section 728.2, 728.3, or 728.5, subsection 28 6 1, paragraph “f” . 29 Sec. 6. Section 907.1, Code 2009, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 2A. “Expunged” means the court’s criminal 32 record with reference to a deferred judgment has been 33 segregated in an area or database which is secured from public 34 access. 35 -4- LSB 1462SV (5) 83 jm/rj 4/ 8

S.F. 2361 Sec. 7. Section 907.4, Code 2009, is amended to read as 1 follows: 2 907.4 Deferred judgment docket. 3 1. A deferment of judgment under section 907.3 shall be 4 entered promptly by the clerk of the district court, or the 5 clerk’s designee, into the deferred judgment database of the 6 state, which shall serve as the deferred judgment docket. The 7 deferred judgment docket shall be maintained by the state court 8 administrator and shall not be destroyed. The docket shall 9 contain a permanent record of the deferred judgment including 10 the name and date of birth of the defendant, the district court 11 docket number, the nature of the offense, and the date of the 12 deferred judgment. Before granting deferred judgment in any 13 case, the court shall search the deferred judgment docket and 14 shall consider any prior record of a deferred judgment against 15 the defendant. 16 2. The permanent record provided for in this 17 section subsection 1 is a confidential record exempted 18 from public access under section 22.7 and shall be available 19 only to justices of the supreme court, judges of the court of 20 appeals, district judges, district associate judges, judicial 21 magistrates, clerks of the district court, judicial district 22 departments of correctional services, county attorneys, and the 23 department of corrections requesting information pursuant to 24 this section, or the designee of a justice, judge, magistrate, 25 clerk, judicial district department of correctional services, 26 or county attorney, or department. 27 Sec. 8. Section 907.9, subsection 4, Code 2009, is amended 28 to read as follows: 29 4. At the expiration of the period of probation if the 30 fees imposed under section 905.14 and court debt collected 31 pursuant to section 602.8107 have been paid, the court shall 32 order the discharge of the person from probation. If portions 33 of the court debt remain unpaid, the person shall establish a 34 payment plan with the clerk of the district court or the county 35 -5- LSB 1462SV (5) 83 jm/rj 5/ 8

S.F. 2361 attorney prior to the discharge. The court shall forward to 1 the governor a recommendation for or against restoration of 2 citizenship rights to that person upon discharge. A person who 3 has been discharged from probation shall no longer be held to 4 answer for the person’s offense. 5 4A. Upon discharge from probation, if judgment has been 6 deferred under section 907.3, the court’s criminal record with 7 reference to the deferred judgment shall be expunged. The 8 record maintained by the state court administrator as required 9 by section 907.4 shall not be expunged. The expunged record is 10 a confidential record exempt from public access under section 11 22.7 but shall be made available by the clerk of the district 12 court, upon request and without court order, to an agency or 13 person granted access to the deferred docket under section 14 907.4. The court’s record shall not be expunged in any other 15 circumstances unless otherwise authorized by law . 16 EXPLANATION 17 This bill makes changes to criminal offenses, relates to 18 deferred judgments and expunged records, and makes penalties 19 applicable. 20 The amendment to Code section 232.51 strikes a provision 21 permitting an order adjudicating a child to have committed a 22 delinquent act to be set aside if the child is committed as a 23 child with mental illness or mental retardation. 24 The amendment to Code section 236.2 specifies that a person 25 commits domestic abuse if the assault is between persons who 26 are parents of the same child. Currently, the law specifies 27 that the parents be the parents of the same minor child. 28 The amendment to Code section 719.1 divides each criminal 29 offense under Code section 719.1 into separate paragraphs. 30 The amendment to Code section 719.1(1) also provides that 31 a person commits an aggravated misdemeanor interference with 32 official acts offense, if the offense results in bodily injury 33 to a peace officer, fire fighter, or emergency medical care 34 provider. Current law provides that a person commits an 35 -6- LSB 1462SV (5) 83 jm/rj 6/ 8

S.F. 2361 aggravated misdemeanor interference with official acts offense, 1 if the person inflicts bodily injury on such persons. 2 The amendment to Code section 719.1(1) provides that a 3 person commits a class “D” felony interference with official 4 acts offense, if the violation results in serious injury to 5 a peace officer, fire fighter, or emergency medical care 6 provider. Current law provides that a person commits a class 7 “D” felony interference with official acts offense, if the 8 person inflicts or attempts to inflict serious injury on such 9 persons. 10 The amendment to Code section 719.1(2) provides that a 11 person commits a class “D” felony interference with official 12 acts offense on a correctional officer, or similar type of 13 employee or volunteer, if the violation results in serious 14 injury to another person. Current law provides that a person 15 commits a class “D” felony interference with official acts 16 offense on such a person, if the person inflicts or attempts to 17 inflict bodily injury upon another person. 18 The amendment to Code section 719.1(2) also provides that a 19 person commits a class “C” felony interference with official 20 acts on a correctional officer, or similar type of employee 21 or volunteer, if the violation results in serious injury on 22 another person. Current law provides that a person commits a 23 class “C” felony interference with official acts offense such 24 a person, if the person inflicts serious injury to another 25 person. 26 The amendment to Code section 728.5 provides that a person 27 commits a serious misdemeanor for permitting public indecent 28 exposure in a theater, concert hall, art center, museum, or 29 similar establishment which is primarily devoted to the arts if 30 such person allows or permits a minor to engage in a live act 31 intended to arouse or satisfy the sexual desires or appeal to 32 the prurient interests of patrons. 33 The amendments to Code sections 907.1, 907.4, and 907.9 34 relate to deferred judgment criminal records. 35 -7- LSB 1462SV (5) 83 jm/rj 7/ 8

S.F. 2361 The bill defines “expunged” to mean the court’s criminal 1 record with reference to a deferred judgment has been 2 segregated into a separate area or database which is secured 3 from public access. The expunged record is a confidential 4 record exempt from public access, but shall be made available 5 by the clerk of the district court, upon request and without 6 court order, to the agencies or persons granted access to the 7 deferred judgment docket under Code section 907.4. 8 Currently, the court’s criminal record relating to a 9 deferred judgment is expunged, but a record of the deferred 10 judgment is made permanent in the deferred judgment docket. 11 The permanent record in the deferred judgment docket under 12 current law includes the name and date of birth of the 13 defendant, the district court docket number, the nature of the 14 offense, and the date of the deferred judgment. 15 The bill also strikes a provision in Code section 907.9 16 requiring the state court administrator to maintain deferred 17 judgment records and moves the provision to Code section 907.4. 18 The bill also provides that the court’s record shall not 19 be expunged unless otherwise authorized by law. Current law 20 authorizes criminal records to be expunged under Code sections 21 123.46, 321.211A, and 321.385A. 22 -8- LSB 1462SV (5) 83 jm/rj 8/ 8