House Study Bill 521 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE) 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 5104HC (2) 86 jh/rj

H.F. _____ 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 , subject to subsection 3, 8 may suspend the proceedings on motion of the county attorney 9 or the child’s counsel, enter a consent decree, and continue 10 the case under terms and conditions established by the court. 11 These terms and conditions may include any of the following: 12 Sec. 2. Section 232.46, subsection 3, Code 2016, is amended 13 to read as follows: 14 3. A consent decree shall not be entered unless the all of 15 the following apply: 16 a. The child and the child’s parent, guardian , or custodian 17 is are informed of the consequences of the decree by the court 18 and the court determines that the child has voluntarily and 19 intelligently agreed to the terms and conditions of the decree. 20 b. The court has not entered a consent decree for a 21 delinquent act committed by the child prior to the commission 22 of the delinquent act which is the subject of the pending 23 consent degree. 24 c. The child has not entered into an informal adjustment 25 agreement regarding the delinquent act which is the subject of 26 the pending consent decree. 27 d. The court has not previously entered an order 28 adjudicating the child to have committed a delinquent act. 29 3A. If the county attorney objects to the entry of 30 a consent decree, the court shall proceed to determine 31 the appropriateness of entering a consent decree after 32 consideration of any objections or reasons for entering such a 33 decree. 34 EXPLANATION 35 -1- LSB 5104HC (2) 86 jh/rj 1/ 3

H.F. _____ The inclusion of this explanation does not constitute agreement with 1 the explanation’s substance by the members of the general assembly. 2 This bill relates to consent decrees in juvenile delinquency 3 proceedings. 4 Under current law, after a county attorney files a petition 5 alleging that a child has committed a delinquent act and prior 6 to an order of adjudication, the court may suspend the juvenile 7 delinquency proceedings, enter a consent decree, and continue 8 the case under terms and conditions established by the court. 9 If the child complies with the terms and conditions of the 10 consent decree for the required amount of time, the original 11 petition may not be reinstated. If the child fails to comply 12 with the terms and conditions of the consent decree, the child 13 may be held accountable for the underlying delinquent act as if 14 the consent decree had never been entered. However, the court 15 may not enter a consent decree unless the child and the child’s 16 parent, guardian, or custodian are informed of the consequences 17 of the consent decree and the child agrees to the terms and 18 conditions of the consent decree. 19 The bill amends current law so that the court may enter a 20 consent decree only after either the child admits to having 21 committed a delinquent act or the court finds that the child 22 committed a delinquent act. The bill also amends current law 23 regarding the conditions that must be met for the court to 24 have the authority to enter a consent decree. In addition 25 to the child and the child’s parent, guardian, or custodian 26 being informed of the consequences of the consent decree and 27 the child agreeing to the terms and conditions of the consent 28 decree, the court may not have entered a consent decree for a 29 delinquent act committed by the child prior to the commission 30 of the delinquent act which is the subject of the pending 31 consent decree, the child may not have entered into an informal 32 adjustment agreement regarding the delinquent act which is the 33 subject of the pending consent decree, and the court may not 34 have previously entered an order adjudicating the child to have 35 -2- LSB 5104HC (2) 86 jh/rj 2/ 3

H.F. _____ committed a delinquent act. 1 -3- LSB 5104HC (2) 86 jh/rj 3/ 3