HSB 106 (LSB 1285XD (10) 86)

SENATE/HOUSE FILE _____

BY  (PROPOSED JUDICIAL BRANCH BILL)

A BILL FOR

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

    Section 1.  Section 13B.4B, subsection 2, paragraph b, subparagraph (3), Code 2015, is amended to read as follows:
   (3)  The case number and name of the client unless the information is a confidential juvenile record under section 232.147 or 232.147A.
    Sec. 2.  Section 232.19, subsection 4, Code 2015, is amended to read as follows:
   4.  Information Except as provided in section 232.147A, information pertaining to a child who is at least ten years of age and who is taken into custody for a delinquent act which would be a public offense is a public record and is not confidential under section 232.147.
    Sec. 3.  Section 232.147, subsection 1, Code 2015, is amended to read as follows:
   1.  Juvenile court records shall be confidential. They
   a.  Records containing a dismissal of a complaint or an informal adjustment of a complaint when no petition is filed relating to the complaint shall be inspected and disclosed pursuant to section 232.147A.
   b.  All other records shall not be inspected and their the contents of the records shall not be disclosed except as provided in this section.
    Sec. 4.  Section 232.147, subsection 2, paragraph a, Code 2015, is amended to read as follows:
   a.  Official juvenile court records containing a petition or complaint alleging delinquency filed prior to January 1, 2007, shall be public records subject to section 232.147A, a confidentiality order under section 232.149A, or sealing under section 232.150.
    Sec. 5.  Section 232.147, subsection 2, paragraph b, unnumbered paragraph 1, Code 2015, is amended to read as follows:

   Official juvenile court records containing a petition or complaint alleging delinquency filed on or after January 1, 2007, shall be public records subject to section 232.147A, a confidentiality order under section 232.149A, or sealing under section 232.150. The official records shall not be available to the public or any governmental agency through the internet or in an electronic customized data report unless the child has been adjudicated delinquent. However, the following shall have access to official juvenile court records through the internet or in an electronic customized data report prior to the child being adjudicated delinquent:
    Sec. 6.  Section 232.147, subsection 6, Code 2015, is amended to read as follows:
   6.  a.  Inspection of social records and disclosure of their contents shall not be permitted except pursuant to court order or unless otherwise provided in this subsection or chapter.
   b.  If an informal adjustment of a complaint is made pursuant to section 232.29, the intake officer shall disclose to the victim of the delinquent act, upon the request of the victim, the name and address of the child who committed the delinquent act.
    Sec. 7.  NEW SECTION.  232.147A  Dismissal of complaint and informal adjustment —— records.
   1.  If a complaint against a juvenile is filed under section 232.28 but a petition is not filed on the complaint under section 232.35, the official juvenile court records containing a dismissal of the complaint or an informal adjustment of the complaint under section 232.29 shall not be inspected and the contents of the records shall not be disclosed except as provided in this section. 
   2.  The intake officer to whom the complaint was referred shall disclose to the victim of a delinquent act, the name and address of the child who committed the delinquent act, upon the request of the victim.
   3.  The following shall have access to the official juvenile court records:
   a.  The county attorney and the county attorney’s designee.
   b.  The superintendent or superintendent’s designee of a school district, or the authorities in charge of an accredited nonpublic school.
   c.  The designee of the armed forces of the United States.
   d.  The statistical analysis center for the purposes stated in section 216A.136.
    Sec. 8.  Section 232.149, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  Records and files of a criminal or juvenile justice agency concerning a defendant transferred to the juvenile court under section 803.6 for the alleged commission of a public offense are public records, except that release of criminal history data, intelligence data, and law enforcement investigatory files is subject to the provisions of section 22.7 and chapter 692, and juvenile court social records shall be deemed confidential criminal identification files under section 22.7, subsection 9. The records are subject to sealing under section 232.150.
    Sec. 9.  Section 915.25, Code 2015, is amended to read as follows:
   915.25  Right to review complaint against juvenile.
   1.  A Except as provided in section 232.147A, a complaint filed with the court or its designee pursuant to chapter 232 which alleges that a child who is at least ten years of age has committed a delinquent act, which if committed by an adult would be a public offense, is a public record and shall not be confidential under section 232.147.
   2.  The Except as provided in section 232.147A, the court, its designee, or law enforcement officials are authorized to release the complaint, including the identity of the child named in the complaint.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the confidentiality of juvenile court records.
   The amendment to Code section 13B.4B(2) specifies that the summary of a court appointed attorney’s claim for compensation submitted to the state public defender shall not contain information relating to a dismissal of a juvenile complaint or an informal adjustment of a complaint under Code section 232.29.
   The amendment to Code section 232.19 specifies that when a juvenile is taken into custody, any records relating to a dismissal of the complaint or an informal adjustment of the complaint shall not be inspected and the contents of the records shall not be disclosed unless a petition to adjudicate the juvenile a delinquent has been filed. Newly created Code section 232.147A in the bill specifies when the records relating to a dismissal of a complaint or an informal adjustment of a complaint may be disclosed.
   The amendment to Code section 232.147 specifies that juvenile records containing a dismissal of a complaint or an informal adjustment of a complaint, when no petition to adjudicate the juvenile a delinquent has been filed based on the complaint, shall be disclosed pursuant to newly created Code section 232.147A in the bill. The amendment to Code section 232.147 also makes conforming changes.
   The bill establishes new Code section 232.147A concerning the release of juvenile court records relating to the dismissal of a complaint and an informal adjustment of a complaint. Under the bill, if a complaint has been filed against a juvenile but no petition to adjudicate the juvenile a delinquent has been filed based on the complaint, the official juvenile court records containing a dismissal of the complaint or an informal adjustment of the complaint under Code section 232.29, shall not be inspected and the contents of the records shall not be disclosed except under certain circumstances. Current law and the bill require the intake officer in juvenile court to disclose to the victim of the delinquent act, the name and address of the child who committed the delinquent act, upon the request of the victim.
   The bill also specifies that the following shall have access to the juvenile records relating to the dismissal of a complaint and an informal adjustment of a complaint if no petition to adjudicate is filed relating to the complaint: the county attorney and the county attorney’s designee; the superintendent or superintendent’s designee of a school district, or the authorities in charge of an accredited nonpublic school; a designee of the armed forces of the United States; and the statistical analysis center pursuant to Code section 216A.136.
   The amendment to Code section 232.149 relates to the records and files of a defendant transferred to juvenile court from adult court under Code section 803.6. The bill specifies that the records and files of the defendant transferred from adult court to juvenile court are public records except that criminal history data as defined in Code section 692.1(5), intelligence data as defined in Code section 692.1(14), and law enforcement investigatory files are subject to the confidentiality provisions of Code section 22.7 and Code chapter 692. The amendment to Code section 232.149 further specifies that juvenile court social records, as defined in Code section 232.2(31), shall be deemed confidential criminal identification files under Code section 22.7(9). The amendment to Code section 232.149 also specifies that the records of a defendant transferred to juvenile court may be sealed under Code section 232.150.
   The amendment to Code section 915.25 specifies that a complaint alleging a juvenile committed a delinquent act is not a public record if no petition to adjudicate the juvenile a delinquent has been filed based on the complaint.