House
File
434
-
Introduced
HOUSE
FILE
434
BY
SCHULTE
(COMPANION
TO
LSB
2489SS
BY
RAGAN)
A
BILL
FOR
An
Act
relating
to
the
sealing
of
juvenile
delinquency
records.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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434
Section
1.
Section
232.150,
subsection
1,
paragraph
a,
1
unnumbered
paragraph
1,
Code
2011,
is
amended
to
read
as
2
follows:
3
Upon
application
of
The
court,
on
its
own
motion,
shall
order
4
the
scheduling
of
a
hearing
two
years
after
the
date
of
the
5
last
official
action
in
a
case
of
a
person
who
was
taken
into
6
custody
for
a
delinquent
act
or
was
the
subject
of
a
complaint
7
alleging
delinquency
or
was
the
subject
of
a
delinquency
8
petition,
or
upon
the
court’s
own
motion,
the
court,
after
9
hearing,
shall
order
or
after
the
date
the
child
becomes
10
eighteen
years
of
age,
and
order,
if
there
is
no
objection
from
11
the
county
attorney,
the
official
juvenile
court
records
in
the
12
case
including
those
specified
in
sections
232.147
and
232.149
13
sealed
if
the
court
finds
all
of
the
following:
14
Sec.
2.
Section
232.150,
subsection
1,
paragraph
a,
15
subparagraph
(1),
Code
2011,
is
amended
by
striking
the
16
subparagraph.
17
Sec.
3.
Section
692.16,
Code
2011,
is
amended
to
read
as
18
follows:
19
692.16
Review
and
removal.
20
At
least
every
year
the
division
shall
review
and
determine
21
the
current
status
of
all
Iowa
arrests
or
takings
into
custody
22
reported,
which
are
at
least
four
years
old
with
no
disposition
23
data.
24
1.
Any
Iowa
arrest
or
taking
of
a
juvenile
into
custody
25
of
a
person
eighteen
years
of
age
or
older
recorded
within
26
a
computer
data
storage
system
which
has
no
disposition
27
data
after
four
years
shall
be
removed
unless
there
is
an
28
outstanding
arrest
warrant
or
detainer
on
such
charge.
29
2.
Any
arrest
or
taking
of
a
juvenile
into
custody
recorded
30
within
a
computer
data
storage
system
which
has
no
disposition
31
data
after
two
years
shall
be
removed
unless
there
is
an
32
outstanding
arrest
warrant
or
detainer
on
such
charge.
33
EXPLANATION
34
This
bill
relates
to
the
sealing
of
juvenile
delinquency
35
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434
records.
1
The
bill
provides
that
the
court,
on
its
own
motion,
shall
2
order
the
scheduling
of
a
hearing
two
years
after
the
date
of
3
the
last
official
action
in
a
juvenile
delinquency
case,
or
4
after
the
date
the
child
becomes
18
years
of
age,
and
order,
5
if
there
is
no
objection
from
the
county
attorney,
that
the
6
delinquency
records
be
sealed.
7
In
order
for
juvenile
records
to
be
sealed,
current
8
provisions
and
the
bill
require
that
the
juvenile
has
not
9
committed
any
subsequent
criminal
violations
greater
than
a
10
simple
misdemeanor
and
that
the
juvenile
has
successfully
11
completed
any
youthful
offender
placement.
12
The
bill
also
accelerates
the
removal
of
juvenile
records
13
stored
within
the
computer
data
storage
system
of
the
14
department
of
public
safety.
The
bill
requires
the
department
15
of
public
safety
to
remove
the
records
from
the
computer
16
data
storage
system
of
the
department
that
relate
to
a
17
juvenile
arrest
or
the
taking
of
a
juvenile
into
custody
if
18
no
disposition
data
has
been
recorded
within
two
years
of
the
19
arrest
or
taking
into
custody,
unless
there
is
an
outstanding
20
arrest
warrant
or
detainer
for
the
juvenile.
Current
law
21
requires
the
arrest
or
taking
into
custody
information
for
a
22
juvenile
information
be
removed
from
the
computer
data
storage
23
system
of
the
department
of
public
safety
if
no
disposition
24
data
has
been
recorded
within
four
years
of
the
arrest
or
25
taking
into
custody.
26
Code
section
692.1
defines
“disposition
data”
to
mean
27
information
pertaining
to
a
recorded
court
proceeding
28
subsequent
and
incidental
to
a
public
offense
arrest
and
29
includes
dismissal
of
the
charge,
suspension
or
deferral
of
30
sentence.
31
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