HF 446 (LSB 2302YH (2) 85)

HOUSE FILE 446

BY  DAWSON

A BILL FOR

An Act relating to a complaint alleging the commission of a delinquent act that would constitute a felony if committed by an adult.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232.28, subsection 3, paragraph e, Code 2013, is amended to read as follows:
   e.  Interview such persons as are necessary to determine whether the filing of a petition would be in the best interests of the child and the community as provided in section 232.35, subsections 2 and 3
 
and whether the complaint alleges a delinquent act that would constitute a felony if committed by an adult.
    Sec. 2.  Section 232.28, subsections 6 through 9, Code 2013, are amended to read as follows:
   6.  The
 
Except as provided in subsection 9, the intake officer, after consultation with the county attorney when necessary, shall determine whether the complaint is legally sufficient for the filing of a petition. A complaint shall be deemed legally sufficient for the filing of a petition if the facts as alleged are sufficient to establish the jurisdiction of the court and probable cause to believe that the child has committed a delinquent act. If the intake officer determines that the complaint is legally sufficient to support the filing of a petition, the officer shall determine whether the interests of the child and the public will best be served by the dismissal of the complaint, the informal adjustment of the complaint, or the filing of a petition.
   7.  If
 
Except as provided in subsection 9, if the intake officer determines that the complaint is not legally sufficient for the filing of a petition or that further proceedings are not in the best interests of the child or the public, the intake officer shall dismiss the complaint.
   8.  If
 
Except as provided in subsection 9, if the intake officer determines that the complaint is legally sufficient for the filing of a petition and that an informal adjustment of the complaint is in the best interests of the child and the community, the officer may make an informal adjustment of the complaint in accordance with section 232.29.
   9.
  a.  If the intake officer determines that the complaint is legally sufficient for the filing of a petition and that the filing of a petition is in the best interests of the child and the public, the officer shall request the county attorney to file a petition in accordance with section 232.35.
   b.  If the complaint alleges a delinquent act that would constitute a felony if committed by an adult, the intake officer shall request the county attorney to file a petition in accordance with section 232.35.
    Sec. 3.  Section 232.35, subsections 2 and 3, Code 2013, are amended to read as follows:
   2.  If the intake officer determines that a complaint is legally sufficient for the filing of a petition alleging that a child has committed a delinquent act and that the filing of a petition would be in the best interests of the child and the community,
 
or the complaint alleges a delinquent act that would constitute a felony if committed by an adult, the officer shall submit a written request for the filing of a petition to the county attorney. The county attorney may grant or deny the request of the intake officer for the filing of a petition. A determination by the county attorney that a petition should not be filed shall be final.
   3.  If the intake officer determines that a complaint is not legally sufficient for the filing of a petition or that the filing of a petition would not be in the best interests of the child and the community,
 
and the complaint does not allege a delinquent act that would constitute a felony if committed by an adult, the officer shall notify the complainant of the officer’s determination and the reasons for such determination, and shall advise the complainant that the complainant may submit the complaint to the county attorney for review. Upon receiving a request for review, the county attorney shall consider the facts presented by the complainant, consult with the intake officer and make the final determination as to whether a petition should be filed. In the absence of a request by the complainant for a review of the intake officer’s determination that a petition should not be filed, the officer’s determination shall be final, and the intake officer shall inform the county attorney of this decision concerning complaints involving allegations of acts which, if committed by an adult, would constitute an aggravated misdemeanor or a felony.
EXPLANATION
   This bill relates to a complaint alleging the commission of a delinquent act that would constitute a felony if committed by an adult.
   Under the bill, if a complaint is filed alleging a juvenile committed a delinquent act that would constitute a felony if committed by an adult, the intake officer must request the county attorney to file a petition in accordance with Code section 232.35. The county attorney may grant or deny the request of the intake officer for the filing of a petition.
   Under current law, if the intake officer determines that a complaint is legally sufficient for the filing of a petition alleging that a child has committed a delinquent act and that the filing of a petition would be in the best interests of the child and the community, regardless of the classification of the offense, the intake officer is required to request the county attorney to file a petition in accordance with Code section 232.35.
   The capability of the intake officer remains under the bill to determine whether a complaint alleging a juvenile committed a delinquent act that would constitute a misdemeanor is not legally sufficient for the filing of a petition or that the filing of a petition would not be in the best interests of the child and the community.