House
Study
Bill
106
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
JUDICIAL
BRANCH
BILL)
A
BILL
FOR
An
Act
relating
to
the
confidentiality
of
certain
juvenile
1
court
records.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
13B.4B,
subsection
2,
paragraph
b,
1
subparagraph
(3),
Code
2015,
is
amended
to
read
as
follows:
2
(3)
The
case
number
and
name
of
the
client
unless
the
3
information
is
a
confidential
juvenile
record
under
section
4
232.147
or
232.147A
.
5
Sec.
2.
Section
232.19,
subsection
4,
Code
2015,
is
amended
6
to
read
as
follows:
7
4.
Information
Except
as
provided
in
section
232.147A,
8
information
pertaining
to
a
child
who
is
at
least
ten
years
9
of
age
and
who
is
taken
into
custody
for
a
delinquent
act
10
which
would
be
a
public
offense
is
a
public
record
and
is
not
11
confidential
under
section
232.147
.
12
Sec.
3.
Section
232.147,
subsection
1,
Code
2015,
is
amended
13
to
read
as
follows:
14
1.
Juvenile
court
records
shall
be
confidential.
They
15
a.
Records
containing
a
dismissal
of
a
complaint
or
an
16
informal
adjustment
of
a
complaint
when
no
petition
is
filed
17
relating
to
the
complaint
shall
be
inspected
and
disclosed
18
pursuant
to
section
232.147A.
19
b.
All
other
records
shall
not
be
inspected
and
their
20
the
contents
of
the
records
shall
not
be
disclosed
except
as
21
provided
in
this
section
.
22
Sec.
4.
Section
232.147,
subsection
2,
paragraph
a,
Code
23
2015,
is
amended
to
read
as
follows:
24
a.
Official
juvenile
court
records
containing
a
petition
25
or
complaint
alleging
delinquency
filed
prior
to
January
1,
26
2007,
shall
be
public
records
subject
to
section
232.147A,
a
27
confidentiality
order
under
section
232.149A
,
or
sealing
under
28
section
232.150
.
29
Sec.
5.
Section
232.147,
subsection
2,
paragraph
b,
30
unnumbered
paragraph
1,
Code
2015,
is
amended
to
read
as
31
follows:
32
Official
juvenile
court
records
containing
a
petition
or
33
complaint
alleging
delinquency
filed
on
or
after
January
1,
34
2007,
shall
be
public
records
subject
to
section
232.147A,
a
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confidentiality
order
under
section
232.149A
,
or
sealing
under
1
section
232.150
.
The
official
records
shall
not
be
available
2
to
the
public
or
any
governmental
agency
through
the
internet
3
or
in
an
electronic
customized
data
report
unless
the
child
has
4
been
adjudicated
delinquent.
However,
the
following
shall
have
5
access
to
official
juvenile
court
records
through
the
internet
6
or
in
an
electronic
customized
data
report
prior
to
the
child
7
being
adjudicated
delinquent:
8
Sec.
6.
Section
232.147,
subsection
6,
Code
2015,
is
amended
9
to
read
as
follows:
10
6.
a.
Inspection
of
social
records
and
disclosure
of
their
11
contents
shall
not
be
permitted
except
pursuant
to
court
order
12
or
unless
otherwise
provided
in
this
subsection
or
chapter.
13
b.
If
an
informal
adjustment
of
a
complaint
is
made
pursuant
14
to
section
232.29
,
the
intake
officer
shall
disclose
to
the
15
victim
of
the
delinquent
act,
upon
the
request
of
the
victim,
16
the
name
and
address
of
the
child
who
committed
the
delinquent
17
act.
18
Sec.
7.
NEW
SECTION
.
232.147A
Dismissal
of
complaint
and
19
informal
adjustment
——
records.
20
1.
If
a
complaint
against
a
juvenile
is
filed
under
section
21
232.28
but
a
petition
is
not
filed
on
the
complaint
under
22
section
232.35,
the
official
juvenile
court
records
containing
23
a
dismissal
of
the
complaint
or
an
informal
adjustment
of
the
24
complaint
under
section
232.29
shall
not
be
inspected
and
25
the
contents
of
the
records
shall
not
be
disclosed
except
as
26
provided
in
this
section.
27
2.
The
intake
officer
to
whom
the
complaint
was
referred
28
shall
disclose
to
the
victim
of
a
delinquent
act,
the
name
and
29
address
of
the
child
who
committed
the
delinquent
act,
upon
the
30
request
of
the
victim.
31
3.
The
following
shall
have
access
to
the
official
juvenile
32
court
records:
33
a.
The
county
attorney
and
the
county
attorney’s
designee.
34
b.
The
superintendent
or
superintendent’s
designee
of
a
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school
district,
or
the
authorities
in
charge
of
an
accredited
1
nonpublic
school.
2
c.
The
designee
of
the
armed
forces
of
the
United
States.
3
d.
The
statistical
analysis
center
for
the
purposes
stated
4
in
section
216A.136.
5
Sec.
8.
Section
232.149,
Code
2015,
is
amended
by
adding
the
6
following
new
subsection:
7
NEW
SUBSECTION
.
2A.
Records
and
files
of
a
criminal
or
8
juvenile
justice
agency
concerning
a
defendant
transferred
9
to
the
juvenile
court
under
section
803.6
for
the
alleged
10
commission
of
a
public
offense
are
public
records,
except
that
11
release
of
criminal
history
data,
intelligence
data,
and
law
12
enforcement
investigatory
files
is
subject
to
the
provisions
of
13
section
22.7
and
chapter
692,
and
juvenile
court
social
records
14
shall
be
deemed
confidential
criminal
identification
files
15
under
section
22.7,
subsection
9.
The
records
are
subject
to
16
sealing
under
section
232.150.
17
Sec.
9.
Section
915.25,
Code
2015,
is
amended
to
read
as
18
follows:
19
915.25
Right
to
review
complaint
against
juvenile.
20
1.
A
Except
as
provided
in
section
232.147A,
a
complaint
21
filed
with
the
court
or
its
designee
pursuant
to
chapter
232
22
which
alleges
that
a
child
who
is
at
least
ten
years
of
age
23
has
committed
a
delinquent
act,
which
if
committed
by
an
adult
24
would
be
a
public
offense,
is
a
public
record
and
shall
not
be
25
confidential
under
section
232.147
.
26
2.
The
Except
as
provided
in
section
232.147A,
the
court,
27
its
designee,
or
law
enforcement
officials
are
authorized
to
28
release
the
complaint,
including
the
identity
of
the
child
29
named
in
the
complaint.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
relates
to
the
confidentiality
of
juvenile
court
34
records.
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The
amendment
to
Code
section
13B.4B(2)
specifies
that
the
1
summary
of
a
court
appointed
attorney’s
claim
for
compensation
2
submitted
to
the
state
public
defender
shall
not
contain
3
information
relating
to
a
dismissal
of
a
juvenile
complaint
4
or
an
informal
adjustment
of
a
complaint
under
Code
section
5
232.29.
6
The
amendment
to
Code
section
232.19
specifies
that
when
7
a
juvenile
is
taken
into
custody,
any
records
relating
to
8
a
dismissal
of
the
complaint
or
an
informal
adjustment
of
9
the
complaint
shall
not
be
inspected
and
the
contents
of
10
the
records
shall
not
be
disclosed
unless
a
petition
to
11
adjudicate
the
juvenile
a
delinquent
has
been
filed.
Newly
12
created
Code
section
232.147A
in
the
bill
specifies
when
the
13
records
relating
to
a
dismissal
of
a
complaint
or
an
informal
14
adjustment
of
a
complaint
may
be
disclosed.
15
The
amendment
to
Code
section
232.147
specifies
that
16
juvenile
records
containing
a
dismissal
of
a
complaint
or
17
an
informal
adjustment
of
a
complaint,
when
no
petition
to
18
adjudicate
the
juvenile
a
delinquent
has
been
filed
based
on
19
the
complaint,
shall
be
disclosed
pursuant
to
newly
created
20
Code
section
232.147A
in
the
bill.
The
amendment
to
Code
21
section
232.147
also
makes
conforming
changes.
22
The
bill
establishes
new
Code
section
232.147A
concerning
23
the
release
of
juvenile
court
records
relating
to
the
24
dismissal
of
a
complaint
and
an
informal
adjustment
of
a
25
complaint.
Under
the
bill,
if
a
complaint
has
been
filed
26
against
a
juvenile
but
no
petition
to
adjudicate
the
juvenile
a
27
delinquent
has
been
filed
based
on
the
complaint,
the
official
28
juvenile
court
records
containing
a
dismissal
of
the
complaint
29
or
an
informal
adjustment
of
the
complaint
under
Code
section
30
232.29,
shall
not
be
inspected
and
the
contents
of
the
records
31
shall
not
be
disclosed
except
under
certain
circumstances.
32
Current
law
and
the
bill
require
the
intake
officer
in
juvenile
33
court
to
disclose
to
the
victim
of
the
delinquent
act,
the
name
34
and
address
of
the
child
who
committed
the
delinquent
act,
upon
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the
request
of
the
victim.
1
The
bill
also
specifies
that
the
following
shall
have
2
access
to
the
juvenile
records
relating
to
the
dismissal
of
3
a
complaint
and
an
informal
adjustment
of
a
complaint
if
no
4
petition
to
adjudicate
is
filed
relating
to
the
complaint:
5
the
county
attorney
and
the
county
attorney’s
designee;
6
the
superintendent
or
superintendent’s
designee
of
a
school
7
district,
or
the
authorities
in
charge
of
an
accredited
8
nonpublic
school;
a
designee
of
the
armed
forces
of
the
United
9
States;
and
the
statistical
analysis
center
pursuant
to
Code
10
section
216A.136.
11
The
amendment
to
Code
section
232.149
relates
to
the
records
12
and
files
of
a
defendant
transferred
to
juvenile
court
from
13
adult
court
under
Code
section
803.6.
The
bill
specifies
14
that
the
records
and
files
of
the
defendant
transferred
from
15
adult
court
to
juvenile
court
are
public
records
except
that
16
criminal
history
data
as
defined
in
Code
section
692.1(5),
17
intelligence
data
as
defined
in
Code
section
692.1(14),
18
and
law
enforcement
investigatory
files
are
subject
to
the
19
confidentiality
provisions
of
Code
section
22.7
and
Code
20
chapter
692.
The
amendment
to
Code
section
232.149
further
21
specifies
that
juvenile
court
social
records,
as
defined
in
22
Code
section
232.2(31),
shall
be
deemed
confidential
criminal
23
identification
files
under
Code
section
22.7(9).
The
amendment
24
to
Code
section
232.149
also
specifies
that
the
records
of
a
25
defendant
transferred
to
juvenile
court
may
be
sealed
under
26
Code
section
232.150.
27
The
amendment
to
Code
section
915.25
specifies
that
a
28
complaint
alleging
a
juvenile
committed
a
delinquent
act
is
not
29
a
public
record
if
no
petition
to
adjudicate
the
juvenile
a
30
delinquent
has
been
filed
based
on
the
complaint.
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