SF 383 (LSB 2466SV (3) 85)

SENATE FILE 383

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 1215)

A BILL FOR

An Act relating to the sealing of juvenile delinquency records.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 232.150, subsection 1, paragraph a, unnumbered paragraph 1, Code 2013, is amended to read as follows:
   Upon
 
In the case of an adjudication of delinquency, the court, upon its own motion, shall schedule a hearing to be held two years after the date of the last official action, or the date the child becomes eighteen years of age, whichever is later, or upon application of a person who was taken into custody for a delinquent act or was the subject of a complaint alleging delinquency or was the subject of a delinquency petition, or upon the court’s own motion, the court, after hearing, shall order the official juvenile court records in the case including those specified in sections 232.147 and 232.149 sealed if the court finds all of the following:
    Sec. 2.  Section 692.16, Code 2013, is amended to read as follows:
   692.16  Review and removal.
   At least every year the division shall review and determine
 
the current status of all Iowa arrests or takings into custody reported, which are at least four years old with no disposition data.
   1.  Any Iowa arrest or taking of a juvenile into custody
 
of a person eighteen years of age or older recorded within a computer data storage system which has no disposition data after four years shall be removed unless there is an outstanding arrest warrant or detainer on such charge.
   2.  Any arrest or taking of a juvenile into custody recorded within a computer data storage system which has no disposition data after two years shall be removed unless there is an outstanding arrest warrant or detainer on such charge.
EXPLANATION
   This bill relates to the sealing of juvenile delinquency records.
   The bill provides that the court, on its own motion, shall schedule a hearing two years after the date of the last official action in a juvenile delinquency case, or on the date the child becomes 18 years of age, whichever is later, to determine whether the delinquency records should be sealed pursuant to Code section 232.150(1)(a).
   In order for juvenile records to be sealed, current provisions and the bill require that the juvenile has not committed any subsequent criminal violations greater than a simple misdemeanor and that the juvenile has successfully completed any youthful offender placement.
   The bill also accelerates the removal of juvenile records stored within the computer data storage system of the department of public safety. The bill requires the department of public safety to remove the records from the computer data storage system of the department that relate to a juvenile arrest or the taking of a juvenile into custody if no disposition data has been recorded within two years of the arrest or taking into custody, unless there is an outstanding arrest warrant or detainer for the juvenile. Current law requires the arrest or taking into custody information for a juvenile information be removed from the computer data storage system of the department of public safety if no disposition data has been recorded within four years of the arrest or taking into custody.
   Code section 692.1 defines “disposition data” to mean information pertaining to a recorded court proceeding subsequent and incidental to a public offense arrest and includes dismissal of the charge, suspension or deferral of sentence.