Senate
File
383
-
Introduced
SENATE
FILE
383
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1215)
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
2466SV
(3)
85
jm/rj
S.F.
383
Section
1.
Section
232.150,
subsection
1,
paragraph
a,
1
unnumbered
paragraph
1,
Code
2013,
is
amended
to
read
as
2
follows:
3
Upon
In
the
case
of
an
adjudication
of
delinquency,
the
4
court,
upon
its
own
motion,
shall
schedule
a
hearing
to
be
5
held
two
years
after
the
date
of
the
last
official
action,
or
6
the
date
the
child
becomes
eighteen
years
of
age,
whichever
7
is
later,
or
upon
application
of
a
person
who
was
taken
into
8
custody
for
a
delinquent
act
or
was
the
subject
of
a
complaint
9
alleging
delinquency
or
was
the
subject
of
a
delinquency
10
petition,
or
upon
the
court’s
own
motion,
the
court,
after
11
hearing,
shall
order
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
692.16,
Code
2013,
is
amended
to
read
as
15
follows:
16
692.16
Review
and
removal.
17
At
least
every
year
the
division
shall
review
and
determine
18
the
current
status
of
all
Iowa
arrests
or
takings
into
custody
19
reported,
which
are
at
least
four
years
old
with
no
disposition
20
data.
21
1.
Any
Iowa
arrest
or
taking
of
a
juvenile
into
custody
22
of
a
person
eighteen
years
of
age
or
older
recorded
within
23
a
computer
data
storage
system
which
has
no
disposition
24
data
after
four
years
shall
be
removed
unless
there
is
an
25
outstanding
arrest
warrant
or
detainer
on
such
charge.
26
2.
Any
arrest
or
taking
of
a
juvenile
into
custody
recorded
27
within
a
computer
data
storage
system
which
has
no
disposition
28
data
after
two
years
shall
be
removed
unless
there
is
an
29
outstanding
arrest
warrant
or
detainer
on
such
charge.
30
EXPLANATION
31
This
bill
relates
to
the
sealing
of
juvenile
delinquency
32
records.
33
The
bill
provides
that
the
court,
on
its
own
motion,
shall
34
schedule
a
hearing
two
years
after
the
date
of
the
last
35
-1-
LSB
2466SV
(3)
85
jm/rj
1/
2
S.F.
383
official
action
in
a
juvenile
delinquency
case,
or
on
the
1
date
the
child
becomes
18
years
of
age,
whichever
is
later,
2
to
determine
whether
the
delinquency
records
should
be
sealed
3
pursuant
to
Code
section
232.150(1)(a).
4
In
order
for
juvenile
records
to
be
sealed,
current
5
provisions
and
the
bill
require
that
the
juvenile
has
not
6
committed
any
subsequent
criminal
violations
greater
than
a
7
simple
misdemeanor
and
that
the
juvenile
has
successfully
8
completed
any
youthful
offender
placement.
9
The
bill
also
accelerates
the
removal
of
juvenile
records
10
stored
within
the
computer
data
storage
system
of
the
11
department
of
public
safety.
The
bill
requires
the
department
12
of
public
safety
to
remove
the
records
from
the
computer
13
data
storage
system
of
the
department
that
relate
to
a
14
juvenile
arrest
or
the
taking
of
a
juvenile
into
custody
if
15
no
disposition
data
has
been
recorded
within
two
years
of
the
16
arrest
or
taking
into
custody,
unless
there
is
an
outstanding
17
arrest
warrant
or
detainer
for
the
juvenile.
Current
law
18
requires
the
arrest
or
taking
into
custody
information
for
a
19
juvenile
information
be
removed
from
the
computer
data
storage
20
system
of
the
department
of
public
safety
if
no
disposition
21
data
has
been
recorded
within
four
years
of
the
arrest
or
22
taking
into
custody.
23
Code
section
692.1
defines
“disposition
data”
to
mean
24
information
pertaining
to
a
recorded
court
proceeding
25
subsequent
and
incidental
to
a
public
offense
arrest
and
26
includes
dismissal
of
the
charge,
suspension
or
deferral
of
27
sentence.
28
-2-
LSB
2466SV
(3)
85
jm/rj
2/
2