S.F. _____ H.F. _____ Section 1. Section 232.19, subsection 4, Code 2016, is 1 amended by striking the subsection. 2 Sec. 2. Section 232.147, subsection 2, Code 2016, is amended 3 by striking the subsection. 4 Sec. 3. Section 232.147, subsection 3, unnumbered paragraph 5 1, Code 2016, is amended to read as follows: 6 Official juvenile court records in all cases except those 7 alleging delinquency shall be confidential and are not public 8 records but may be inspected and their contents shall be 9 disclosed to the following without court order: 10 Sec. 4. Section 232.149, subsection 2, Code 2016, is amended 11 to read as follows: 12 2. Records and files of a criminal or juvenile justice 13 agency concerning a child involved in a delinquent act are 14 public records, except that release of criminal history data, 15 intelligence data, and law enforcement investigatory files is 16 subject to the provisions of section 22.7 and chapter 692 , 17 and juvenile court social records, as defined in section 18 232.2, subsection 31 , shall be deemed confidential criminal 19 identification files under section 22.7, subsection 9 20 confidential . The records are subject to sealing under section 21 232.150 unless the juvenile court waives its jurisdiction over 22 the child so that the child may be prosecuted as an adult for 23 a public offense. 24 Sec. 5. Section 232.149A, Code 2016, is amended to read as 25 follows: 26 232.149A Confidentiality Public records orders. 27 1. Notwithstanding any other provision of the Code to 28 the contrary A rebuttable presumption exists that official 29 juvenile court records in delinquency proceedings shall remain 30 confidential. However , upon application of a any person who 31 was taken into custody for a delinquent act or was the subject 32 of a complaint alleging delinquency or was the subject of a 33 delinquency petition , or upon the court’s own motion, the court 34 after a hearing held prior to disposition , shall order official 35 -1- LSB 5193XD (8) 86 jh/rj 1/ 8

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

S.F. _____ H.F. _____ i. The state public defender. 1 4. If the child has been discharged from the jurisdiction 2 of the juvenile court due to reaching the age of eighteen and 3 restitution remains unpaid, the name of the court, the title 4 of the action, and the court’s file number shall not be kept 5 confidential, and the restitution amount shall be a judgment 6 and lien as provided in sections 910.7A , 910.8 , 910.10 , and 7 915.28 until the restitution is paid. 8 5. Pursuant to court order, official juvenile court records 9 subject to a confidentiality order which are confidential under 10 section 232.147 may be inspected by and their contents may be 11 disclosed to: 12 a. A person conducting bona fide research for research 13 purposes under whatever conditions the court may deem proper, 14 provided that no personal identifying data shall be disclosed 15 to such a person. 16 b. Persons who have a direct interest in a proceeding or in 17 the work of the court. 18 6. Notwithstanding any other provision of this section, 19 upon application of any person and order of the court at any 20 time prior to the termination of juvenile court jurisdiction 21 over the child, the court, after a hearing, may order the 22 official juvenile court records in delinquency proceedings to 23 be public records if any of the following apply: 24 a. The child has been subsequently convicted of a felony 25 or an aggravated or serious misdemeanor or adjudicated a 26 delinquent child for an act which if committed by an adult 27 would be a felony or an aggravated or serious misdemeanor. 28 b. The child was placed on youthful offender status, 29 transferred back to the district court after the youthful 30 offender’s eighteenth birthday, and sentenced for the offense 31 which precipitated the youthful offender placement. 32 Sec. 6. NEW SECTION . 232.149B Right to counsel in a public 33 records order hearing. 34 1. A person who is or is not a child shall have the right 35 -3- LSB 5193XD (8) 86 jh/rj 3/ 8

S.F. _____ H.F. _____ to be represented by counsel at a public records order hearing 1 held under section 232.149A. 2 2. Such person’s right to be represented by counsel under 3 subsection 1 shall not be waived by the person if the person 4 is a child less than sixteen years of age without the written 5 consent of such child’s parent, guardian, or custodian. 6 3. If the person is a child and is not represented by 7 counsel as required under subsection 1, counsel shall be 8 provided as follows: 9 a. If the court determines, after giving the child’s parent, 10 guardian, or custodian an opportunity to be heard, that such 11 person has the ability in whole or in part to pay for the 12 employment of counsel, the court shall either order that person 13 to retain an attorney to represent the child or shall appoint 14 counsel for the child and order the parent, guardian, or 15 custodian to pay for that counsel as provided in subsection 5. 16 b. If the court determines that the parent, guardian, or 17 custodian cannot pay any part of the expenses of counsel to 18 represent the child, the court shall appoint counsel, who 19 shall be reimbursed according to section 232.141, subsection 20 2, paragraph “b” . 21 c. The court may appoint counsel to represent the child 22 and reserve the determination of payment until the parent, 23 guardian, or custodian has an opportunity to be heard. 24 4. If the person is a child and is represented by counsel 25 and the court determines that there is a conflict of interest 26 between the child and the child’s parent, guardian, or 27 custodian and that the retained counsel could not properly 28 represent the child as a result of the conflict, the court 29 shall appoint other counsel to represent the child and order 30 the parent, guardian, or custodian to pay for such counsel as 31 provided in subsection 5. 32 5. If the person is a child and the court determines, after 33 an inquiry which includes notice and reasonable opportunity 34 to be heard, that the parent, guardian, or custodian has the 35 -4- LSB 5193XD (8) 86 jh/rj 4/ 8

S.F. _____ H.F. _____ ability to pay in whole or in part for the attorney appointed 1 for the child, the court may order that person to pay such sums 2 as the court finds appropriate in the manner and to whom the 3 court directs. If that person so ordered fails to comply with 4 the order without good reason, the court shall enter judgment 5 against the person. 6 6. If the person is not a child and is not represented 7 by counsel as required under subsection 1, counsel shall be 8 provided as follows: 9 a. If the court determines, after giving the person an 10 opportunity to be heard, that such person has the ability in 11 whole or in part to pay for the employment of counsel, the 12 court shall either allow the person to retain an attorney or 13 shall appoint counsel for the person and order the person to 14 pay such sums as the court finds appropriate in the manner and 15 to whom the court directs. If the person so ordered fails to 16 comply with the order without good reason, the court shall 17 enter judgment against the person. 18 b. If the court determines that the person cannot pay 19 any part of the expenses of counsel, the court shall appoint 20 counsel, who shall be reimbursed according to section 232.141, 21 subsection 2, paragraph “b” . 22 c. The court may appoint counsel to represent the person and 23 reserve the determination of payment until the person has an 24 opportunity to be heard. 25 Sec. 7. Section 815.9, subsection 9, Code 2016, is amended 26 to read as follows: 27 9. Notwithstanding subsections 3 and 6 , a minor granted 28 a court-appointed attorney or guardian ad litem under 29 section 232.11 in a juvenile proceeding or a person granted a 30 court-appointed attorney under section 232.149B in a public 31 records order hearing shall not be ordered to reimburse costs 32 and fees incurred for legal assistance except as otherwise 33 provided in chapter 232 . 34 Sec. 8. REPEAL. Section 915.25, Code 2016, is repealed. 35 -5- LSB 5193XD (8) 86 jh/rj 5/ 8

S.F. _____ H.F. _____ Sec. 9. APPLICABILITY. The sections of this Act amending, 1 enacting, or repealing sections 232.19, 232.147, 232.149, 2 232.149A, 232.149B, 815.9, and 915.25 apply to juvenile 3 delinquency proceedings which are pending or arise on or after 4 July 1, 2016. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill relates to the confidentiality of juvenile court 9 records. 10 Under current law, juvenile court records in cases alleging 11 delinquency are public records unless a judge grants a request 12 to make the records confidential or seals the records. 13 The bill amends current law and provides that juvenile 14 court records in cases alleging delinquency are confidential 15 unless a judge grants a request to make the juvenile court 16 records public if the court finds, after a hearing held prior 17 to disposition, that making the records public is in the 18 best interests of the juvenile and the public. A rebuttable 19 presumption exists that the juvenile court delinquency records 20 shall remain confidential. Even if a child’s juvenile court 21 delinquency records are confidential, a court may, after a 22 hearing, order such records to be made public records if the 23 child is subsequently convicted of a felony or an aggravated 24 or serious misdemeanor or adjudicated a delinquent child for 25 an act which if committed by an adult would be a felony or 26 an aggravated or serious misdemeanor, or if the child was 27 placed on youthful offender status, transferred back to the 28 district court after the youthful offender’s 18th birthday, 29 and sentenced for the offense which precipitated the youthful 30 offender placement. The bill provides that a child has the 31 right to be represented by counsel during a public records 32 order hearing, even if such hearing occurs after the child’s 33 18th birthday. If a judge orders such records to be public, 34 the records may still be sealed at a later date pursuant to 35 -6- LSB 5193XD (8) 86 jh/rj 6/ 8

S.F. _____ H.F. _____ Code section 232.150. 1 The bill provides that juvenile court records in cases 2 alleging delinquency may be, without a court order, inspected 3 by and disclosed to the judge and professional court staff, the 4 child and the child’s counsel, the child’s parent, guardian, or 5 custodian, court-appointed special advocate, and guardian ad 6 litem, and the members of the child advocacy board created in 7 Code section 237.16 or a local citizen foster care review board 8 created in accordance with Code section 237.19, the county 9 attorney and the county attorney’s assistants, an agency, 10 association, facility, or institution which has custody of the 11 child, or is legally responsible for the care, treatment, or 12 supervision of the child, a court, court professional staff, 13 and adult probation officers in connection with the preparation 14 of a presentence report concerning a person who prior thereto 15 had been the subject of a juvenile court proceeding, the 16 child’s foster parent or an individual providing preadoptive 17 care to the child, a law enforcement agency, and the state 18 public defender. 19 Under current law, records and files of a criminal or 20 juvenile justice agency concerning a child involved in 21 a delinquent act are public records, subject to certain 22 exemptions. The bill provides that such records and files are 23 confidential. 24 Under current law, a complaint which alleges that a child 25 who is at least 10 years of age has committed a delinquent 26 act, which if committed by an adult would be a public offense, 27 is a public record and is not confidential under Code section 28 232.147. The bill repeals Code section 915.25 and provides 29 that such a complaint is subject to Code section 232.147, and 30 therefore is confidential. 31 The bill retains certain existing exemptions to 32 confidentiality of juvenile court records. Pursuant to Code 33 section 692A.121(8), records concerning sex offense convictions 34 which are committed by minors may be released in the same 35 -7- LSB 5193XD (8) 86 jh/rj 7/ 8

S.F. _____ H.F. _____ manner as records of convictions of adults. Pursuant to Code 1 section 915.10A, information concerning a juvenile charged 2 with a felony offense may be released pursuant to an automated 3 victim notification system. Under the bill, these exemptions 4 to confidentiality are not amended and therefore still apply to 5 juvenile court records. 6 The bill applies to juvenile delinquency proceedings which 7 are pending or arise on or after July 1, 2016. 8 -8- LSB 5193XD (8) 86 jh/rj 8/ 8