House
File
2333
-
Introduced
HOUSE
FILE
2333
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
521)
A
BILL
FOR
An
Act
relating
to
consent
decrees
in
juvenile
delinquency
1
proceedings.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5104HV
(3)
86
jh/rj
H.F.
2333
Section
1.
Section
232.46,
subsection
1,
paragraph
a,
1
unnumbered
paragraph
1,
Code
2016,
is
amended
to
read
as
2
follows:
3
At
any
time
after
the
filing
of
a
petition
and
an
admission
4
by
the
child
of
the
child’s
involvement
in
a
delinquent
act
5
or
a
finding
by
the
court
that
the
child
has
committed
a
6
delinquent
act,
and
prior
to
entry
of
an
order
of
adjudication
7
pursuant
to
section
232.47
,
the
court
may
suspend
the
8
proceedings
on
motion
of
the
county
attorney
or
the
child’s
9
counsel,
enter
a
consent
decree,
and
continue
the
case
under
10
terms
and
conditions
established
by
the
court.
Alternatively,
11
the
court
may
enter
a
consent
decree
without
an
admission
by
12
the
child
of
the
child’s
involvement
in
a
delinquent
act
or
a
13
finding
that
the
child
has
committed
a
delinquent
act
if
both
14
the
child
and
the
county
attorney
agree
to
the
consent
decree.
15
These
terms
and
conditions
may
include
any
of
the
following:
16
EXPLANATION
17
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
18
the
explanation’s
substance
by
the
members
of
the
general
assembly.
19
This
bill
relates
to
consent
decrees
in
juvenile
delinquency
20
proceedings.
21
Under
current
law,
after
a
county
attorney
files
a
petition
22
alleging
that
a
child
has
committed
a
delinquent
act
and
prior
23
to
an
order
of
adjudication,
the
court
may
suspend
the
juvenile
24
delinquency
proceedings,
enter
a
consent
decree,
and
continue
25
the
case
under
terms
and
conditions
established
by
the
court.
26
If
the
child
complies
with
the
terms
and
conditions
of
the
27
consent
decree
for
the
required
amount
of
time,
the
original
28
petition
may
not
be
reinstated.
If
the
child
fails
to
comply
29
with
the
terms
and
conditions
of
the
consent
decree,
the
child
30
may
be
held
accountable
for
the
underlying
delinquent
act
as
if
31
the
consent
decree
had
never
been
entered.
However,
the
court
32
may
not
enter
a
consent
decree
unless
the
child
and
the
child’s
33
parent,
guardian,
or
custodian
are
informed
of
the
consequences
34
of
the
consent
decree
and
the
child
agrees
to
the
terms
and
35
-1-
LSB
5104HV
(3)
86
jh/rj
1/
2
H.F.
2333
conditions
of
the
consent
decree.
1
The
bill
amends
current
law
so
that
the
court
may
enter
a
2
consent
decree
only
after
the
child
admits
to
having
committed
3
a
delinquent
act,
the
court
finds
that
the
child
committed
a
4
delinquent
act,
or
the
child
and
the
county
attorney
agree
to
5
the
consent
decree.
6
-2-
LSB
5104HV
(3)
86
jh/rj
2/
2