H.F. 2407 Section 1. Section 232.11, subsection 1, unnumbered 1 paragraph 1, Code 2016, is amended to read as follows: 2 A child shall have the right to be represented by counsel at 3 the following stages of the proceedings within the jurisdiction 4 of the juvenile court under division II or division VIII : 5 Sec. 2. Section 232.11, subsection 1, Code 2016, is amended 6 by adding the following new paragraph: 7 NEW PARAGRAPH . g. A hearing on a confidentiality order 8 under section 232.149A or a public records order under section 9 232.149B. 10 Sec. 3. Section 232.19, subsection 4, Code 2016, is amended 11 to read as follows: 12 4. Information pertaining to a child who is at least ten 13 years of age and who is taken into custody for a delinquent 14 act which would be a public offense forcible felony offense 15 if committed by an adult is a public record and is not 16 confidential under section 232.147 , subject to the provisions 17 of section 232.149 . 18 Sec. 4. Section 232.147, subsections 2 and 6, Code 2016, are 19 amended by striking the subsections. 20 Sec. 5. Section 232.147, subsection 3, unnumbered paragraph 21 1, Code 2016, is amended to read as follows: 22 Official juvenile court records in all cases except those 23 alleging delinquency the commission of a delinquent act that 24 would be a forcible felony if committed by an adult shall be 25 confidential and are not public records but . Unless an order 26 sealing such confidential records in a delinquency proceeding 27 has been entered pursuant to section 232.150, confidential 28 records may be inspected and their contents shall be disclosed 29 to the following without court order , provided that a person 30 or entity who inspects or receives a confidential record under 31 this section shall not disclose the confidential record or its 32 contents unless required by law : 33 Sec. 6. Section 232.147, subsection 3, paragraphs e and f, 34 Code 2016, are amended to read as follows: 35 -1- LSB 5193HV (4) 86 jh/rj 1/ 17

H.F. 2407 e. An agency, association, facility or institution which 1 has custody of the child, or is legally responsible for the 2 care, treatment or supervision of the child , including but not 3 limited to the department of human services . 4 f. A court, court professional staff, and adult probation 5 officers in connection with the preparation of a presentence 6 report concerning a person who prior thereto had been the 7 subject of a juvenile court delinquency proceeding. 8 Sec. 7. Section 232.147, subsection 3, Code 2016, is amended 9 by adding the following new paragraphs: 10 NEW PARAGRAPH . i. The department of corrections. 11 NEW PARAGRAPH . j. A judicial district department of 12 correctional services. 13 NEW PARAGRAPH . k. The board of parole. 14 NEW PARAGRAPH . l. The superintendent or the 15 superintendent’s designee of the school district for 16 the school attended by the child or the authorities in charge 17 of an accredited nonpublic school attended by the child. 18 NEW PARAGRAPH . m. A member of the armed forces of the 19 United States who is conducting a background investigation of 20 an individual pursuant to federal law. 21 NEW PARAGRAPH . n. The statistical analysis center for the 22 purposes stated in section 216A.136. 23 NEW PARAGRAPH . o. A state or local law enforcement agency. 24 NEW PARAGRAPH . p. The alleged victim of the delinquent act. 25 Sec. 8. Section 232.147, Code 2016, is amended by adding the 26 following new subsections: 27 NEW SUBSECTION . 3A. Official juvenile court records 28 containing a petition or complaint alleging the commission of a 29 delinquent act that would be a forcible felony if committed by 30 an adult shall be public records subject to a confidentiality 31 order under section 232.149A or sealing under section 232.150. 32 However, such official records shall not be available to the 33 public or any governmental agency through the internet or in 34 an electronic customized data report unless the child has been 35 -2- LSB 5193HV (4) 86 jh/rj 2/ 17

H.F. 2407 adjudicated delinquent in the matter. However, such official 1 juvenile court records shall be disclosed through the internet 2 or in an electronic customized data report prior to the child 3 being adjudicated delinquent to the following without court 4 order: 5 a. The judge and professional court staff, including 6 juvenile court officers. 7 b. The child’s counsel or guardian ad litem. 8 c. The county attorney and the county attorney’s assistants. 9 d. A court, court professional staff, and adult probation 10 officers in connection with the preparation of a presentence 11 report concerning a person who prior thereto had been the 12 subject of a juvenile court proceeding. 13 e. A state or local law enforcement agency. 14 f. The state public defender. 15 g. The statistical analysis center for the purposes stated 16 in section 216A.136. 17 h. The department of human services. 18 i. The department of corrections. 19 j. A judicial district department of correctional services. 20 k. The board of parole. 21 NEW SUBSECTION . 3B. If the court has excluded the public 22 from a hearing pursuant to section 232.39 or 232.92, the 23 transcript of the proceedings shall not be deemed a public 24 record and inspection and disclosure of the contents of the 25 transcript shall not be permitted except pursuant to a court 26 order or unless otherwise provided in this chapter. 27 NEW SUBSECTION . 3C. Delinquency complaints under section 28 232.28 shall be released in accordance with section 915.25. 29 Other official juvenile court records in a delinquency 30 proceeding that are public records under this section and that 31 have not been made confidential pursuant to section 232.149A or 32 sealed pursuant to section 232.150 may be released under this 33 section by a juvenile court officer. 34 NEW SUBSECTION . 12. Notwithstanding any provision of this 35 -3- LSB 5193HV (4) 86 jh/rj 3/ 17

H.F. 2407 section or a confidentiality order entered pursuant to section 1 232.149A, the juvenile court shall notify the department of 2 transportation as required by sections 321.213 and 321.213A. 3 NEW SUBSECTION . 13. The confidentiality of a final 4 adjudication of delinquency under this section or pursuant to 5 section 232.149A shall not prohibit the state from pleading 6 or proving the adjudication at a subsequent criminal or 7 delinquency proceeding for the purpose of penalty enhancement 8 when a provision of the Code specifically deems the delinquency 9 adjudication to constitute a final conviction. 10 NEW SUBSECTION . 14. A provision in this section or section 11 232.149A or 232.150 shall not be construed to limit or restrict 12 the production, use, or introduction of official juvenile court 13 records in any juvenile or adult criminal proceeding, where 14 such records are relevant and deemed admissible under any other 15 provision of the law. 16 NEW SUBSECTION . 15. A provision in this section or 17 section 232.149A shall not limit or prohibit individuals from 18 performing any duties or responsibilities as required by 19 section 124.415, 232.47, or 232.49. 20 NEW SUBSECTION . 16. Notwithstanding any provision of this 21 section or section 232.149A to the contrary, if the child has 22 been discharged from the jurisdiction of the juvenile court in 23 a delinquency proceeding due to reaching the age of eighteen 24 and restitution remains unpaid, the name of the court, the 25 title of the action, and the court’s file number shall not 26 be kept confidential, and the restitution amount shall be 27 a judgment and lien as provided in sections 910.7A, 910.8, 28 910.10, and 915.28 until the restitution is paid. 29 NEW SUBSECTION . 17. Notwithstanding any other provision of 30 law, a public record which is confidential under the provisions 31 of this chapter shall only be subject to release upon order of 32 a court in a proceeding under this chapter. 33 Sec. 9. Section 232.147, subsection 5, unnumbered paragraph 34 1, Code 2016, is amended to read as follows: 35 -4- LSB 5193HV (4) 86 jh/rj 4/ 17

H.F. 2407 Pursuant to court order , official juvenile court records may 1 be inspected by and their contents may be disclosed to: 2 Sec. 10. Section 232.149, Code 2016, is amended to read as 3 follows: 4 232.149 Records of criminal or juvenile justice agencies , 5 intake officers, and juvenile court officers . 6 1. The taking of a child into custody under the provisions 7 of section 232.19 shall not be considered an arrest. 8 2. Records and files of a criminal or juvenile justice 9 agency , an intake officer, or a juvenile court officer 10 concerning a child involved in a delinquent act are public 11 records, except that release of criminal history data, 12 intelligence data, and law enforcement investigatory files is 13 subject to the provisions of section 22.7 and chapter 692 , 14 and juvenile court social records, as defined in section 15 232.2, subsection 31 , shall be deemed confidential criminal 16 identification files under section 22.7, subsection 9 17 confidential . The records are subject to sealing under section 18 232.150 unless the juvenile court waives its jurisdiction over 19 the child so that the child may be prosecuted as an adult for 20 a public offense. 21 3. Records and files of a criminal or juvenile justice 22 agency , an intake officer, or a juvenile court officer 23 concerning a defendant transferred under section 803.6 to the 24 juvenile court for the alleged commission of a public offense 25 are public records, except that release of criminal history 26 data, intelligence data, and law enforcement investigatory 27 files is subject to the provisions of section 22.7 and 28 chapter 692 , and juvenile court social records shall be deemed 29 confidential criminal identification files under section 22.7, 30 subsection 9 . The records are subject to sealing under section 31 232.150 . 32 4. Notwithstanding subsection 2 , if a juvenile who has 33 been placed in detention under section 232.22 escapes from the 34 facility, the criminal or juvenile justice agency may release 35 -5- LSB 5193HV (4) 86 jh/rj 5/ 17

H.F. 2407 the name of the juvenile, the facts surrounding the escape, and 1 the offense or alleged offense which resulted in the placement 2 of the juvenile in the facility. 3 5. Records of an intake officer or juvenile court officer 4 containing a dismissal of a complaint or an informal adjustment 5 of a complaint if no petition is filed relating to the 6 complaint, shall not be available to the public and may only be 7 inspected by or disclosed to the following: 8 a. The judge and professional court staff, including 9 juvenile court officers. 10 b. The child’s counsel or guardian ad litem. 11 c. The county attorney and county attorney’s assistants. 12 d. The superintendent or the superintendent’s designee of 13 the school district for the school attended by the child or 14 the authorities in charge of an accredited nonpublic school 15 attended by the child. 16 e. A member of the armed forces of the United States who is 17 conducting a background investigation of an individual pursuant 18 to federal law. 19 f. The statistical analysis center for the purposes stated 20 in section 216A.136. 21 g. The state public defender. 22 h. The department of human services. 23 i. The alleged victim of the delinquent act. 24 Sec. 11. Section 232.149A, subsections 1 and 3, Code 2016, 25 are amended to read as follows: 26 1. Notwithstanding any other provision of the Code to 27 the contrary, upon the court’s own motion or application of 28 a person who was taken into custody for a delinquent act or 29 was the subject of a complaint alleging delinquency or was the 30 subject of a delinquency petition , or upon the court’s own 31 motion, alleging the commission of a delinquent act that would 32 be a forcible felony if committed by an adult, the court after 33 hearing, shall order official juvenile court records in the 34 case to be kept confidential and no longer public records under 35 -6- LSB 5193HV (4) 86 jh/rj 6/ 17

H.F. 2407 sections 232.19, 232.147 , and 232.149 915.25 , if the court 1 finds both of the following apply: 2 a. The case has been dismissed and the person is no longer 3 subject to the jurisdiction of the juvenile court. 4 b. Making the records confidential is in the best interests 5 of the person and the public The child’s interest in making the 6 records confidential outweighs the public’s interest in the 7 records remaining public records . 8 3. Official Unless an order sealing the records has been 9 entered pursuant to section 232.150, official juvenile court 10 records subject to a confidentiality order may be inspected 11 and their contents shall be disclosed to the following without 12 court order: 13 a. The judge and professional court staff, including 14 juvenile court officers. 15 b. The child and the child’s counsel. 16 c. The child’s parent, guardian or custodian, court 17 appointed special advocate, and guardian ad litem, and 18 the members of the child advocacy board created in section 19 237.16 or a local citizen foster care review board created in 20 accordance with section 237.19 who are assigning or reviewing 21 the child’s case. 22 d. The county attorney and the county attorney’s assistants. 23 e. An agency, association, facility, or institution which 24 has custody of the child, or is legally responsible for the 25 care, treatment, or supervision of the child, including but not 26 limited to the department of human services. 27 f. A court, court professional staff, and adult probation 28 officers in connection with the preparation of a presentence 29 report concerning a person who had been the subject of a 30 juvenile court proceeding. 31 g. The child’s foster parent or an individual providing 32 preadoptive care to the child. 33 h. A state or local law enforcement agency. 34 i. The state public defender. 35 -7- LSB 5193HV (4) 86 jh/rj 7/ 17

H.F. 2407 j. The department of corrections. 1 k. A judicial district department of correctional services. 2 l. The board of parole. 3 m. The statistical analysis center for the purposes stated 4 in section 216A.136. 5 n. The alleged victim of the delinquent act. 6 o. A member of the armed forces of the United States who is 7 conducting a background investigation of an individual pursuant 8 to federal law. 9 Sec. 12. Section 232.149A, subsection 4, Code 2016, is 10 amended by striking the subsection. 11 Sec. 13. NEW SECTION . 232.149B Public records orders. 12 1. A rebuttable presumption exists that official juvenile 13 court records in delinquency proceedings that do not involve 14 an allegation of delinquency that would be a forcible felony 15 offense if committed by an adult shall remain confidential as 16 provided by section 232.147. 17 2. Upon application of any person or upon the court’s own 18 motion at any time prior to the termination of juvenile court 19 jurisdiction over the charged juvenile, and after hearing, the 20 court shall order the official juvenile court records in such 21 a delinquency proceeding to be public records if any of the 22 following apply: 23 a. The public’s interest in making the records public 24 outweighs the juvenile’s interest in maintaining the 25 confidentiality of the records. 26 b. The juvenile has been placed on youthful offender status 27 pursuant to section 232.45, subsection 7, and section 907.3A, 28 subsection 1, and will be transferred back to the district 29 court for sentencing prior to the child’s eighteenth birthday. 30 3. Upon application of any person or upon the court’s own 31 motion at any time prior to the termination of juvenile court 32 jurisdiction over the charged juvenile, and after hearing, the 33 court may order the official juvenile court records in such a 34 delinquency proceeding to be public records if the juvenile has 35 -8- LSB 5193HV (4) 86 jh/rj 8/ 17

H.F. 2407 been subsequently adjudicated delinquent for a public offense 1 that would be a serious misdemeanor, aggravated misdemeanor, or 2 felony offense if committed by an adult, or another delinquency 3 proceeding is pending seeking such an adjudication. 4 4. Records subject to a public records order may be sealed 5 at a later date pursuant to section 232.150. 6 Sec. 14. Section 232.150, subsection 1, paragraph a, 7 unnumbered paragraph 1, Code 2016, is amended to read as 8 follows: 9 In the case of an adjudication of delinquency, the court , 10 shall upon its own motion , shall schedule a sealing of records 11 hearing to be held two years after the date of the last 12 official action, or the date the child becomes eighteen years 13 of age, whichever is later , or . The court shall also schedule 14 a sealing of records hearing upon application of a person who 15 was taken into custody for a delinquent act or was the subject 16 of a complaint alleging delinquency or was the subject of a 17 delinquency petition , or upon the court’s own motion, the 18 alleging delinquency that did not result in an adjudication. 19 The court, after hearing, shall order the official juvenile 20 court records in the case including those specified in sections 21 232.147 , and 232.149 , 232.149A, 232.149B, and 915.25, sealed if 22 the court finds all of the following: 23 Sec. 15. Section 232.150, subsection 1, paragraph a, Code 24 2016, is amended by adding the following new subparagraph: 25 NEW SUBPARAGRAPH . (4) The person was not adjudicated 26 delinquent on an offense involving a violation of section 27 321J.2. 28 Sec. 16. Section 915.25, Code 2016, is amended to read as 29 follows: 30 915.25 Right to review complaint against juvenile. 31 1. A complaint filed with the court or its designee pursuant 32 to chapter 232 which alleges that a child who is at least ten 33 years of age has committed a delinquent act, which if committed 34 by an adult would be a public offense forcible felony , is a 35 -9- LSB 5193HV (4) 86 jh/rj 9/ 17

H.F. 2407 public record and shall not be confidential under section 1 232.147 . The court, the court’s designee, or law enforcement 2 officials may release the complaint, including the identity of 3 the child named in the complaint. 4 2. The court, its designee, or law enforcement officials are 5 authorized to release the complaint, including the identity of 6 the child named in the complaint. All other complaints filed 7 with the court or the court’s designee pursuant to chapter 8 232 that allege a child has committed a delinquent act are 9 confidential under section 232.147 and are not public records, 10 subject to entry of a public records order pursuant to section 11 232.149B. However, if the child named in a complaint is at 12 large, state and local law enforcement officials are authorized 13 to release the complaint, including the identity of the child 14 named in the complaint, if deemed necessary for the protection 15 of the public or the safety of the child. 16 3. Notwithstanding the provisions of sections 232.147, 17 232.149, and 232.149A, an intake or juvenile court officer 18 shall disclose to the alleged victim of a delinquent act, upon 19 the request of the victim, the complaint, the name and address 20 of the child who allegedly committed the delinquent act, and 21 the disposition of the complaint. If the alleged delinquent 22 act would be a forcible felony if committed by an adult, the 23 intake or juvenile court officer shall provide notification to 24 the victim of the delinquent act as required by section 915.24. 25 Sec. 17. APPLICABILITY. This Act applies to juvenile 26 delinquency proceedings which are pending or arise on or after 27 July 1, 2016. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill relates to the confidentiality of juvenile court 32 records. 33 CONFIDENTIALITY OF JUVENILE RECORDS. Under current law, 34 juvenile court records in cases alleging delinquency are public 35 -10- LSB 5193HV (4) 86 jh/rj 10/ 17

H.F. 2407 records unless a judge either grants a request to make the 1 records confidential or seals the records. The bill in Code 2 section 232.147(3) provides that juvenile court records are 3 confidential and therefore are not public records except in 4 cases alleging the commission of a delinquent act that would be 5 a forcible felony if committed by an adult. Under Code section 6 702.11, a forcible felony is any felonious child endangerment, 7 assault, murder, sexual abuse, kidnapping, robbery, human 8 trafficking, arson in the first degree, or burglary in the 9 first degree. If juvenile records are not confidential, the 10 bill provides that a juvenile court officer may release such 11 records. 12 CONFIDENTIALITY ORDERS. The bill in Code section 232.149A 13 provides that a court shall order juvenile court records 14 alleging the commission of a delinquent act that would be a 15 forcible felony if committed by an adult to be confidential 16 if the court finds that the case has been dismissed and the 17 person is no longer subject to the jurisdiction of the juvenile 18 court and that the child’s interest in making the records 19 confidential outweighs the public’s interest in the records 20 remaining public records. 21 ACCESS TO CONFIDENTIAL JUVENILE RECORDS. The bill and 22 Code section 232.147(3) provide that unless an order sealing 23 confidential juvenile records has been entered, confidential 24 juvenile records may still be inspected, without a court 25 order, by the judge and professional court staff, including 26 juvenile court officers; the child and the child’s counsel; 27 the child’s parent, guardian or custodian, court appointed 28 special advocate, and guardian ad litem, and the members of 29 the child advocacy board created in Code section 237.16 or a 30 local citizen foster care review board created in accordance 31 with Code section 237.19 who are assigning or reviewing the 32 child’s case; the county attorney and the county attorney’s 33 assistants; an agency, association, facility, or institution 34 which has custody of the child, or is legally responsible for 35 -11- LSB 5193HV (4) 86 jh/rj 11/ 17

H.F. 2407 the care, treatment, or supervision of the child, including 1 the department of human services; a court, court professional 2 staff, and adult probation officers in connection with the 3 preparation of a presentence report concerning a person 4 who prior thereto had been the subject of a juvenile court 5 delinquency proceeding; the child’s foster parent or an 6 individual providing preadoptive care to the child; the state 7 public defender; the department of corrections; a judicial 8 district department of correctional services; the board of 9 parole; the superintendent or the superintendent’s designee of 10 the school district for the school attended by the child or 11 the authorities in charge of an accredited nonpublic school 12 attended by the child; a member of the armed forces of the 13 United States who is conducting a background investigation of 14 an individual pursuant to federal law; the statistical analysis 15 center for the purposes stated in Code section 216A.136; a 16 state or local law enforcement agency; and the alleged victim 17 of any delinquent act in the proceeding. 18 The bill in newly designated Code section 232.147(3A) 19 provides that juvenile court records containing a petition or 20 complaint alleging the commission of a delinquent act that 21 would be a forcible felony if committed by an adult shall be 22 public records unless subject to a confidentiality order under 23 Code section 232.149A or a sealing order under Code section 24 232.150. However, the bill provides that such official records 25 shall not be available to the public or any governmental 26 agency through the internet or in an electronic customized 27 data report unless the child has been adjudicated delinquent 28 in the matter. Nevertheless, the bill provides that official 29 juvenile court records may be disclosed without a court order 30 through the internet or in an electronic customized data 31 report prior to the child being adjudicated delinquent to the 32 judge and professional court staff, including juvenile court 33 officers; the child’s counsel or guardian ad litem; the county 34 attorney and the county attorney’s assistants; a court, court 35 -12- LSB 5193HV (4) 86 jh/rj 12/ 17

H.F. 2407 professional staff, and adult probation officers in connection 1 with the preparation of a presentence report concerning a 2 person who prior thereto had been the subject of a juvenile 3 court proceeding; a state or local law enforcement agency; the 4 state public defender; the statistical analysis center for 5 the purposes stated in Code section 216A.136; the department 6 of human services; the department of corrections; a judicial 7 district department of correctional services; and the board of 8 parole. 9 CONFIDENTIALITY OF TRANSCRIPTS. The bill in newly 10 designated Code section 232.147(3B) provides that if the court 11 has excluded the public from a hearing pursuant to Code section 12 232.39 or 232.92, the transcript of the proceedings shall not 13 be deemed a public record and inspection and disclosure of 14 the contents of the transcript shall not be permitted except 15 pursuant to a court order or unless otherwise provided in Code 16 chapter 232. 17 USE OF ADJUDICATION OF DELINQUENCY FOR PENALTY ENHANCEMENTS 18 OR EVIDENCE. The bill in newly designated Code section 19 232.147(13) provides that the confidentiality of a final 20 adjudication of delinquency under Code section 232.147 or 21 pursuant to Code section 232.149A shall not prohibit the state 22 from pleading or proving the adjudication at a subsequent 23 criminal or delinquency proceeding for the purpose of penalty 24 enhancement when a provision of the Code specifically deems the 25 delinquency adjudication to constitute a final conviction. 26 The bill in newly designated Code section 232.147(14) 27 provides that the provisions of the bill shall not be construed 28 to limit or restrict the production, use, or introduction 29 of official juvenile court records in any juvenile or adult 30 criminal proceeding, where such records are relevant and deemed 31 admissible under any other provision of the law. 32 CONFIDENTIALITY OF RECORDS AND FILES OF CRIMINAL OR 33 JUVENILE JUSTICE AGENCIES. Under current law, records and 34 files of a criminal or juvenile justice agency concerning 35 -13- LSB 5193HV (4) 86 jh/rj 13/ 17

H.F. 2407 a child involved in a delinquent act are public records, 1 subject to certain exceptions. The bill in Code section 2 232.149 provides that the records and files of a criminal or 3 juvenile justice agency, an intake officer, or a juvenile court 4 officer concerning a child involved in a delinquent act are 5 confidential. The bill further provides that the records of an 6 intake officer or juvenile court officer containing a dismissal 7 of a complaint or an informal adjustment of a complaint when 8 no petition is filed relating to the complaint, shall not be 9 available to the public, but may be disclosed to the judge and 10 professional court staff, including juvenile court officers; 11 the child’s counsel or guardian ad litem; the county attorney 12 and county attorney’s assistants; the superintendent or the 13 superintendent’s designee of the school district for the 14 school attended by the child or the authorities in charge of 15 an accredited nonpublic school attended by the child; a member 16 of the armed forces of the United States who is conducting a 17 background investigation of an individual pursuant to federal 18 law; the statistical analysis center for the purposes stated 19 in Code section 216A.136; the state public defender; the 20 department of human services; and the alleged victim of the 21 delinquent act. 22 PUBLIC RECORDS HEARINGS. The bill enacts new Code section 23 232.149B, which provides that a person may apply for a court 24 order to make confidential juvenile court records public. 25 The bill provides that a rebuttable presumption exists that 26 official juvenile court records shall remain confidential. The 27 bill provides that the court shall order the official juvenile 28 court records in such a delinquency proceeding to be public 29 records if either the public’s interest in making the records 30 public outweighs the juvenile’s interest in maintaining the 31 confidentiality of the records or the juvenile has been placed 32 on youthful offender status pursuant to Code section 232.45(7) 33 and Code section 907.3A(1), and will be transferred back to 34 the district court for sentencing prior to the child’s 18th 35 -14- LSB 5193HV (4) 86 jh/rj 14/ 17

H.F. 2407 birthday. The court may order the official juvenile court 1 records in such a delinquency proceeding to be public records 2 if the juvenile has been subsequently adjudicated delinquent 3 for a public offense that would be a serious misdemeanor, 4 aggravated misdemeanor, or felony offense if committed by an 5 adult, or another delinquency proceeding is pending seeking 6 such an adjudication. The bill provides that records subject 7 to a public records order may be sealed at a later date 8 pursuant to Code section 232.150. 9 RIGHT TO REVIEW AND RELEASE A CONFIDENTIAL COMPLAINT. The 10 bill provides that delinquency complaints shall be released 11 in accordance with Code section 915.25. Under current Code 12 section 915.25, a complaint which alleges that a child who is 13 at least 10 years of age committed a delinquent act, which if 14 committed by an adult would be a public offense, is a public 15 record. Current Code section 915.25 authorizes the court, 16 its designee, or law enforcement officials to release such 17 a complaint, including the identity of the child. The bill 18 amends Code section 915.25 to provide that such a complaint 19 is confidential unless the complaint alleges that the child 20 committed a delinquent act that if committed by an adult would 21 be a forcible felony. However, the bill authorizes state and 22 local enforcement officials to release a confidential complaint 23 against a child if the child is at large and doing so is deemed 24 necessary for the protection of the public or the safety of 25 the child. If the complaint is not confidential because the 26 alleged delinquent act is an act that would be a forcible 27 felony if committed by an adult, the court, its designee, 28 or law enforcement officials may release such a complaint, 29 including the identity of the child. 30 The bill provides that an intake or juvenile court officer 31 shall disclose to the alleged victim of a delinquent act, upon 32 request, the complaint, the name and address of the child who 33 allegedly committed the delinquent act, and the disposition 34 of the complaint. If the alleged delinquent act would be 35 -15- LSB 5193HV (4) 86 jh/rj 15/ 17

H.F. 2407 a forcible felony if committed by an adult, the intake or 1 juvenile court officer shall provide notification to the victim 2 as required by Code section 915.24. 3 SEALING OF JUVENILE COURT RECORDS UNAVAILABLE FOR 4 OPERATING-WHILE-INTOXICATED VIOLATIONS. Under current Code 5 section 232.150, a court shall order juvenile court records 6 to be sealed if the person who is the subject of the juvenile 7 court records is 18 years of age or older and 2 years have 8 elapsed since the last official action in the person’s case, 9 the person has not been subsequently convicted of a felony 10 or an aggravated or serious misdemeanor or adjudicated a 11 delinquent child for an act which if committed by an adult 12 would be a felony, an aggravated misdemeanor, or a serious 13 misdemeanor and no proceeding is pending seeking such 14 conviction or adjudication, and the person was not placed on 15 youthful offender status, transferred back to district court 16 after the youthful offender’s 18th birthday, and sentenced for 17 the offense which precipitated the youthful offender placement. 18 The bill in newly designated Code section 232.150(4) provides 19 that the court shall not seal a person’s juvenile court records 20 if the person was adjudicated delinquent for violating Code 21 section 321J.2, which prohibits the operation of a motor 22 vehicle while under the influence of alcohol or a drug. 23 RELEASE OF CONFIDENTIAL RECORDS. The bill provides that a 24 public record which is confidential under the provisions of 25 Code chapter 232 shall only be subject to release upon order of 26 a court in a proceeding under Code chapter 232. 27 EXISTING CONFIDENTIALITY EXEMPTIONS. The bill retains 28 certain existing exemptions to confidentiality of juvenile 29 court records. Pursuant to Code section 692A.121(8), records 30 concerning sex offense convictions which are committed by 31 minors may be released in the same manner as records of 32 convictions of adults. Pursuant to Code section 915.10A, 33 information concerning a juvenile charged with a felony offense 34 may be released pursuant to an automated victim notification 35 -16- LSB 5193HV (4) 86 jh/rj 16/ 17

H.F. 2407 system. Under the bill, these exemptions to confidentiality 1 are not amended and therefore still apply to juvenile court 2 records. 3 RIGHT TO COUNSEL. The bill in Code section 232.11 provides 4 that a child has the right to be represented by counsel at a 5 hearing on a confidentiality order under Code section 232.149A 6 or a public records order under Code section 232.149B. 7 APPLICABILITY. The bill applies to juvenile delinquency 8 proceedings which are pending or arise on or after July 1, 9 2016. 10 -17- LSB 5193HV (4) 86 jh/rj 17/ 17