H.F. 153 Section 1. Section 232.28, subsection 3, paragraph e, Code 1 2015, is amended to read as follows: 2 e. Interview such persons as are necessary to determine 3 whether the filing of a petition would be in the best interests 4 of the child and the community as provided in section 232.35, 5 subsections 2 and 3 and whether the complaint alleges a 6 delinquent act that would constitute a felony if committed by 7 an adult . 8 Sec. 2. Section 232.28, subsections 6, 7, 8, and 9, Code 9 2015, are amended to read as follows: 10 6. The Except as provided in subsection 9, the intake 11 officer, after consultation with the county attorney when 12 necessary, shall determine whether the complaint is legally 13 sufficient for the filing of a petition. A complaint shall be 14 deemed legally sufficient for the filing of a petition if the 15 facts as alleged are sufficient to establish the jurisdiction 16 of the court and probable cause to believe that the child has 17 committed a delinquent act. If the intake officer determines 18 that the complaint is legally sufficient to support the 19 filing of a petition, the officer shall determine whether the 20 interests of the child and the public will best be served by 21 the dismissal of the complaint, the informal adjustment of the 22 complaint, or the filing of a petition. 23 7. If Except as provided in subsection 9, if the intake 24 officer determines that the complaint is not legally sufficient 25 for the filing of a petition or that further proceedings are 26 not in the best interests of the child or the public, the 27 intake officer shall dismiss the complaint. 28 8. If Except as provided in subsection 9, if the intake 29 officer determines that the complaint is legally sufficient 30 for the filing of a petition and that an informal adjustment 31 of the complaint is in the best interests of the child and the 32 community, the officer may make an informal adjustment of the 33 complaint in accordance with section 232.29 . 34 9. a. If the intake officer determines that the complaint 35 -1- LSB 1886YH (2) 86 jm/rj 1/ 3

H.F. 153 is legally sufficient for the filing of a petition and that the 1 filing of a petition is in the best interests of the child and 2 the public, the officer shall request the county attorney to 3 file a petition in accordance with section 232.35 . 4 b. If the complaint alleges a delinquent act that would 5 constitute a felony if committed by an adult, the intake 6 officer shall request the county attorney to file a petition in 7 accordance with section 232.35. 8 Sec. 3. Section 232.35, subsections 2 and 3, Code 2015, are 9 amended to read as follows: 10 2. If the intake officer determines that a complaint is 11 legally sufficient for the filing of a petition alleging that 12 a child has committed a delinquent act and that the filing of 13 a petition would be in the best interests of the child and the 14 community, or the complaint alleges a delinquent act that would 15 constitute a felony if committed by an adult, the officer shall 16 submit a written request for the filing of a petition to the 17 county attorney. The county attorney may grant or deny the 18 request of the intake officer for the filing of a petition. A 19 determination by the county attorney that a petition should not 20 be filed shall be final. 21 3. If the intake officer determines that a complaint is 22 not legally sufficient for the filing of a petition or that 23 the filing of a petition would not be in the best interests of 24 the child and the community, and the complaint does not allege 25 a delinquent act that would constitute a felony if committed 26 by an adult, the officer shall notify the complainant of the 27 officer’s determination and the reasons for such determination, 28 and shall advise the complainant that the complainant may 29 submit the complaint to the county attorney for review. Upon 30 receiving a request for review, the county attorney shall 31 consider the facts presented by the complainant, consult 32 with the intake officer and make the final determination as 33 to whether a petition should be filed. In the absence of a 34 request by the complainant for a review of the intake officer’s 35 -2- LSB 1886YH (2) 86 jm/rj 2/ 3

H.F. 153 determination that a petition should not be filed, the 1 officer’s determination shall be final, and the intake officer 2 shall inform the county attorney of this decision concerning 3 complaints involving allegations of acts which, if committed 4 by an adult, would constitute an aggravated misdemeanor or a 5 felony . 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill relates to a complaint alleging the commission of 10 a delinquent act that would constitute a felony if committed 11 by an adult. 12 Under the bill, if a complaint is filed alleging a juvenile 13 committed a delinquent act that would constitute a felony if 14 committed by an adult, the intake officer must request the 15 county attorney to file a petition in accordance with Code 16 section 232.35. The county attorney may grant or deny the 17 request of the intake officer for the filing of a petition. 18 Under current law, if the intake officer determines that a 19 complaint is legally sufficient for the filing of a petition 20 alleging that a child has committed a delinquent act and that 21 the filing of a petition would be in the best interests of the 22 child and the community, regardless of the classification of 23 the offense, the intake officer is required to request the 24 county attorney to file a petition in accordance with Code 25 section 232.35. 26 The capability of the intake officer remains under the bill 27 to determine whether a complaint alleging a juvenile committed 28 a delinquent act that would constitute a misdemeanor is not 29 legally sufficient for the filing of a petition or that the 30 filing of a petition would not be in the best interests of the 31 child and the community. 32 -3- LSB 1886YH (2) 86 jm/rj 3/ 3