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 TLSB 2489HH (3) 84 jm/rj
H.F. 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 -1- LSB 2489HH (3) 84 jm/rj 1/ 2
H.F. 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 -2- LSB 2489HH (3) 84 jm/rj 2/ 2