S.F. 2070 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 5950XS (2) 86 jh/rj 1/ 6

S.F. 2070 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 5950XS (2) 86 jh/rj 2/ 6

S.F. 2070 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. REPEAL. Section 915.25, Code 2016, is repealed. 33 Sec. 7. APPLICABILITY. The sections of this Act amending 34 or repealing sections 232.19, 232.147, 232.149, 232.149A, and 35 -3- LSB 5950XS (2) 86 jh/rj 3/ 6

S.F. 2070 915.25 apply to juvenile delinquency proceedings which are 1 pending or arise on or after July 1, 2016. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill relates to the confidentiality of juvenile court 6 records in delinquency proceedings. 7 Under current law, juvenile court records in cases alleging 8 delinquency are public records unless a judge grants a request 9 to make the records confidential or seals the records. 10 The bill amends current law and provides that juvenile 11 court records in cases alleging delinquency are confidential 12 unless a judge grants a request to make the juvenile court 13 records public if the court finds, after a hearing held prior 14 to disposition, that making the records public is in the 15 best interests of the juvenile and the public. A rebuttable 16 presumption exists that the juvenile court delinquency records 17 shall remain confidential. Even if a child’s juvenile court 18 delinquency records are confidential, a court may, after a 19 hearing, order such records to be made public records if the 20 child is subsequently convicted of a felony or an aggravated 21 or serious misdemeanor or adjudicated a delinquent child for 22 an act which if committed by an adult would be a felony or 23 an aggravated or serious misdemeanor, or if the child was 24 placed on youthful offender status, transferred back to the 25 district court after the youthful offender’s 18th birthday, 26 and sentenced for the offense which precipitated the youthful 27 offender placement. If a judge orders such records to be 28 public, the records may still be sealed at a later date 29 pursuant to Code section 232.150. 30 The bill provides that juvenile court records in cases 31 alleging delinquency may be, without a court order, inspected 32 by and disclosed to the judge and professional court staff, the 33 child and the child’s counsel, the child’s parent, guardian, or 34 custodian, court-appointed special advocate, and guardian ad 35 -4- LSB 5950XS (2) 86 jh/rj 4/ 6

S.F. 2070 litem, and the members of the child advocacy board created in 1 Code section 237.16 or a local citizen foster care review board 2 created in accordance with Code section 237.19, the county 3 attorney and the county attorney’s assistants, an agency, 4 association, facility, or institution which has custody of the 5 child, or is legally responsible for the care, treatment, or 6 supervision of the child, a court, court professional staff, 7 and adult probation officers in connection with the preparation 8 of a presentence report concerning a person who prior thereto 9 had been the subject of a juvenile court proceeding, the 10 child’s foster parent or an individual providing preadoptive 11 care to the child, a law enforcement agency, and the state 12 public defender. 13 Under current law, records and files of a criminal or 14 juvenile justice agency concerning a child involved in 15 a delinquent act are public records, subject to certain 16 exemptions. The bill provides that such records and files are 17 confidential. 18 Under current law, a complaint which alleges that a child 19 who is at least 10 years of age has committed a delinquent 20 act, which if committed by an adult would be a public offense, 21 is a public record and is not confidential under Code section 22 232.147. The bill repeals Code section 915.25 and provides 23 that such a complaint is subject to Code section 232.147, and 24 therefore is confidential. 25 The bill retains certain existing exemptions to 26 confidentiality of juvenile court records. Pursuant to Code 27 section 692A.121(8), records concerning sex offense convictions 28 which are committed by minors may be released in the same 29 manner as records of convictions of adults. Pursuant to Code 30 section 915.10A, information concerning a juvenile charged 31 with a felony offense may be released pursuant to an automated 32 victim notification system. Under the bill, these exemptions 33 to confidentiality are not amended and therefore still apply to 34 juvenile court records. 35 -5- LSB 5950XS (2) 86 jh/rj 5/ 6