Senate Study Bill 1148 - 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 TLSB 1285XD (10) 86 jm/rj
S.F. _____ H.F. _____ 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 35 -1- LSB 1285XD (10) 86 jm/rj 1/ 5
S.F. _____ H.F. _____ 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 35 -2- LSB 1285XD (10) 86 jm/rj 2/ 5
S.F. _____ H.F. _____ 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. 35 -3- LSB 1285XD (10) 86 jm/rj 3/ 5
S.F. _____ H.F. _____ 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 35 -4- LSB 1285XD (10) 86 jm/rj 4/ 5
S.F. _____ H.F. _____ 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. 31 -5- LSB 1285XD (10) 86 jm/rj 5/ 5