H.F. 2443 Section 1. Section 232.2, subsection 12, Code 2018, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . d. The violation of section 716.8, which is 3 committed by a child. 4 Sec. 2. Section 232.2, Code 2018, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 32A. “Juvenile diversion program” means 7 an organized effort to coordinate services for a child by an 8 intake officer that results in a dismissal of the complaint 9 alleging the commission of a delinquent act and does not result 10 in an informal adjustment agreement involving juvenile court 11 services or the filing of a delinquency petition. 12 Sec. 3. Section 232.8, subsection 2, Code 2018, is amended 13 to read as follows: 14 2. a. A case involving a person charged in a court other 15 than the juvenile court with the commission of a public offense 16 not exempted by law from the jurisdiction of the juvenile 17 court and who is within the provisions of subsection 1 of this 18 section shall immediately be transferred to the juvenile court. 19 The transferring court shall order a transfer and shall forward 20 the transfer order together with all papers, documents and a 21 transcript of all testimony filed or admitted into evidence 22 in connection with the case to the clerk of the juvenile 23 court. The jurisdiction of the juvenile court shall attach 24 immediately upon the signing of an order of transfer. From the 25 time of transfer, the custody, shelter care and detention of 26 the person alleged to have committed a delinquent act shall be 27 in accordance with the provisions of this chapter and the case 28 shall be processed in accordance with the provisions of this 29 chapter . 30 b. Upon completion of the transfer to juvenile court, 31 the court shall file an order dismissing the charge in the 32 transferring court and directing the clerk of court to seal all 33 records of the charge initiated in the transferring court. 34 Sec. 4. Section 232.44, subsection 1, paragraph a, Code 35 -1- LSB 5289HV (1) 87 hb/rj 1/ 14

H.F. 2443 2018, is amended to read as follows: 1 a. A hearing shall be held within forty-eight hours, 2 excluding Saturdays, Sundays, and legal holidays, two working 3 days of the time of the child’s admission to a shelter care 4 facility , and within twenty-four hours, excluding Saturdays, 5 Sundays, and legal holidays, one working day of the time of a 6 child’s admission to a detention facility. If the hearing is 7 not held within the time specified in this paragraph, except 8 for good cause shown, the child shall be released from shelter 9 care or detention. 10 Sec. 5. Section 232.147, Code 2018, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 1A. Official juvenile court records 13 in all cases except those alleging delinquency shall be 14 confidential and are not public records. Confidential records 15 may be inspected and their contents shall be disclosed to the 16 following without court order, provided that a person or entity 17 who inspects or receives a confidential record under this 18 subsection shall not disclose the confidential record or its 19 contents unless required by law: 20 a. The judge and professional court staff, including 21 juvenile court officers. 22 b. The child and the child’s counsel. 23 c. The child’s parent, guardian or custodian, court 24 appointed special advocate, and guardian ad litem, and 25 the members of the child advocacy board created in section 26 237.16 or a local citizen foster care review board created in 27 accordance with section 237.19 who are assigning or reviewing 28 the child’s case. 29 d. The county attorney, the county attorney’s assistants, or 30 the attorney representing the state in absence of the county 31 attorney. 32 e. An agency, individual, association, facility, or 33 institution responsible for the care, treatment, or supervision 34 of the child pursuant to a court order or voluntary placement 35 -2- LSB 5289HV (1) 87 hb/rj 2/ 14

H.F. 2443 agreement with the department of human services, juvenile 1 officer, or intake officer. 2 f. A court, court professional staff, and adult probation 3 officers in connection with the preparation of a presentence 4 report concerning a person who prior thereto had been the 5 subject of a juvenile court proceeding. 6 g. The child’s foster parent or an individual providing 7 preadoptive care to the child. 8 h. The state public defender. 9 i. The statistical analysis center for the purposes stated 10 in section 216A.136. 11 j. The department of human services. 12 Sec. 6. Section 232.147, subsections 2 and 3, Code 2018, are 13 amended to read as follows: 14 2. Official juvenile court records in all cases alleging 15 the commission of a delinquent act except those alleging the 16 commission of a delinquent act that would be a forcible felony 17 if committed by an adult shall be confidential and are not 18 public records. Unless an order sealing such confidential 19 records in a delinquency proceeding has been entered pursuant 20 to section 232.150 , confidential records may be inspected and 21 their contents shall be disclosed to the following without 22 court order, provided that a person or entity who inspects or 23 receives a confidential record under this section subsection 24 shall not disclose the confidential record or its contents 25 unless required by law: 26 a. The judge and professional court staff, including 27 juvenile court officers. 28 b. The child and the child’s counsel. 29 c. The child’s parent, guardian or custodian, court 30 appointed special advocate, and guardian ad litem, and 31 the members of the child advocacy board created in section 32 237.16 or a local citizen foster care review board created in 33 accordance with section 237.19 who are assigning or reviewing 34 the child’s case. 35 -3- LSB 5289HV (1) 87 hb/rj 3/ 14

H.F. 2443 d. The county attorney , and the county attorney’s 1 assistants , or the attorney representing the state in absence 2 of the county attorney . 3 e. An agency, individual, association, facility , or 4 institution which has custody of the child, or is legally 5 responsible for the care, treatment , or supervision of the 6 child , including but not limited to the department of human 7 services pursuant to a court order or voluntary placement 8 agreement with the department of human services, juvenile court 9 officer, or intake officer . 10 f. A court, court professional staff, and adult probation 11 officers in connection with the preparation of a presentence 12 report concerning a person who prior thereto had been the 13 subject of a juvenile court delinquency proceeding. 14 g. The child’s foster parent or an individual providing 15 preadoptive care to the child. 16 h. g. The state public defender. 17 h. The department of human services. 18 i. The department of corrections. 19 j. A judicial district department of correctional services. 20 k. The board of parole. 21 l. The superintendent or the superintendent’s designee of 22 the school district for the school attended by the child or 23 the authorities in charge of an accredited nonpublic school 24 attended by the child. 25 m. A member of the armed forces of the United States who is 26 conducting a background investigation of an individual pursuant 27 to federal law. 28 n. The statistical analysis center for the purposes stated 29 in section 216A.136 . 30 o. A state or local law enforcement agency. 31 p. The alleged victim of the delinquent act. 32 q. An individual involved in the operation of a juvenile 33 diversion program, who may also receive from a state or local 34 law enforcement agency police reports and related information 35 -4- LSB 5289HV (1) 87 hb/rj 4/ 14

H.F. 2443 that assist in the operation of the juvenile diversion program. 1 3. Official juvenile court records containing a petition 2 or complaint alleging the commission of a delinquent act that 3 would be a forcible felony if committed by an adult shall be 4 public records subject to a confidentiality order under section 5 232.149A or sealing under section 232.150 . However, such 6 official records shall not be available to the public or any 7 governmental agency through the internet or in an electronic 8 customized data report unless the child has been adjudicated 9 delinquent in the matter. However, such official juvenile 10 court records shall be disclosed through the internet or in 11 an electronic customized data report prior to the child being 12 adjudicated delinquent to the following without court order: 13 a. The judge and professional court staff, including 14 juvenile court officers. 15 b. The child and the child’s counsel or guardian ad litem . 16 c. The child’s parent, guardian or custodian, 17 court-appointed special advocate, guardian ad litem, and 18 the members of the child advocacy board created in section 19 237.16 or a local citizen foster care review board created in 20 accordance with section 237.19 who are assigning or reviewing 21 the child’s case. 22 c. d. The county attorney , and the county attorney’s 23 assistants , or the attorney representing the state in absence 24 of the county attorney . 25 d. e. A court, court professional staff, and adult 26 probation officers in connection with the preparation of a 27 presentence report concerning a person who prior thereto had 28 been the subject of a juvenile court proceeding. 29 f. An agency, individual, association, facility, or 30 institution responsible for the care, treatment, or supervision 31 of the child pursuant to a court order or voluntary placement 32 agreement with the department of human services, juvenile court 33 officer, or intake officer. 34 e. g. A state or local law enforcement agency. 35 -5- LSB 5289HV (1) 87 hb/rj 5/ 14

H.F. 2443 f. h. The state public defender. 1 g. i. The statistical analysis center for the purposes 2 stated in section 216A.136 . 3 h. j. The department of human services. 4 i. k. The department of corrections. 5 j. l. A judicial district department of correctional 6 services. 7 k. m. The board of parole. 8 n. The superintendent or the superintendent’s designee of 9 the school district for the school attended by the child or 10 the authorities in charge of an accredited nonpublic school 11 attended by the child. 12 o. A member of the armed forces of the United States who is 13 conducting a background investigation of an individual pursuant 14 to federal law. 15 p. The alleged victim of the delinquent act. 16 q. An individual involved in the operation of a juvenile 17 diversion program, who may also receive from a state or local 18 law enforcement agency police reports and related information 19 that assist in the operation of the juvenile diversion program. 20 Sec. 7. Section 232.147, subsection 16, Code 2018, is 21 amended to read as follows: 22 16. A provision in this section or section 232.149A shall 23 not limit or prohibit individuals from performing any duties 24 or responsibilities as required by section 123.47B , 124.415 , 25 232.47 , or 232.49 , or 321J.2B . 26 Sec. 8. Section 232.149, subsection 2, Code 2018, is amended 27 to read as follows: 28 2. Records and files of a criminal or juvenile justice 29 agency, an intake officer, or a juvenile court officer 30 concerning a child involved in a delinquent act are 31 confidential. The records are subject to sealing under section 32 232.150 unless the juvenile court waives its jurisdiction over 33 the child so that the child may be prosecuted as an adult for 34 a public offense. A criminal or juvenile justice agency may 35 -6- LSB 5289HV (1) 87 hb/rj 6/ 14

H.F. 2443 disclose to individuals involved in the operation of a juvenile 1 diversion program police reports and related information that 2 assist in the operation of the juvenile diversion program. 3 Sec. 9. Section 232.149, Code 2018, is amended by adding the 4 following new subsection: 5 NEW SUBSECTION . 6. Notwithstanding subsections 2 and 5, 6 information from such records and files may be disclosed by 7 a juvenile justice agency, intake officer, or juvenile court 8 officer, when making referrals for placement of the child, to 9 an agency, individual, association, facility, or institution 10 that will have physical custody of the child, or will become 11 responsible for the care, treatment, or supervision of the 12 child upon placement. 13 Sec. 10. Section 232.150, subsection 4, paragraph a, Code 14 2018, is amended to read as follows: 15 a. All agencies and persons having custody of records which 16 are named therein, shall send such records to the court issuing 17 the order. Maintenance or destruction of these records shall 18 be prescribed by the state court administrator. 19 Sec. 11. Section 232.151, Code 2018, is amended to read as 20 follows: 21 232.151 Criminal penalties. 22 1. Any person who knowingly discloses, receives, or makes 23 use or permits the use of information derived directly or 24 indirectly from the records concerning a child referred to in 25 sections 232.147 through 232.150 , except as provided by those 26 sections or section 13B.4B, subsection 2 , paragraph “c” , shall 27 be guilty of a serious misdemeanor. 28 2. This section does not apply to a person or entity 29 authorized to receive or inspect the contents of confidential 30 official juvenile court records, or the confidential records 31 of a criminal or juvenile justice agency, juvenile court 32 officer, or juvenile intake officer, when such person or entity 33 discloses such information to another person or entity also 34 authorized to receive or inspect the confidential information, 35 -7- LSB 5289HV (1) 87 hb/rj 7/ 14

H.F. 2443 or discloses to a witness or other interested person the date, 1 time, and nature of a court proceeding concerning the child 2 in order to secure the appearance of the witness or other 3 interested person at the proceeding. 4 Sec. 12. Section 692.2, subsection 1, paragraph b, Code 5 2018, is amended by adding the following new subparagraph: 6 NEW SUBPARAGRAPH . (7) Absent an order determining official 7 juvenile court records to be public records entered pursuant 8 to section 232.149B, adjudication and custody data that are 9 deemed or ordered to be confidential pursuant to section 10 232.147, 232.149, or 232.149A, or that are sealed by court 11 order pursuant to section 232.150, shall not be provided by the 12 department. 13 Sec. 13. Section 803.1, Code 2018, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 5. If it is determined that charges were 16 erroneously filed in district court against an individual under 17 the age of eighteen and the juvenile court holds exclusive 18 jurisdiction, the court shall file an order dismissing the 19 charge in district court and directing the clerk of court to 20 seal all records of the charge initiated in district court. 21 Sec. 14. Section 803.6, subsection 4, Code 2018, is amended 22 to read as follows: 23 4. If after the hearing the court transfers jurisdiction 24 over the defendant to the juvenile court for the alleged 25 commission of the public offense, the court shall forward the 26 transfer order together with all papers, documents, and a 27 transcript of all testimony filed or admitted into evidence in 28 connection with the case to the clerk of the juvenile court in 29 the same manner as provided in section 232.8, subsection 2 , and 30 the clerk shall seal all records initiated in district court . 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill relates to the delinquency jurisdiction of the 35 -8- LSB 5289HV (1) 87 hb/rj 8/ 14

H.F. 2443 juvenile court and the confidentiality and disclosure of 1 certain juvenile court records. 2 DELINQUENT ACTS —— TRESPASS. Current law defines a 3 delinquent act as the violation of any state law or local 4 ordinance which would constitute a public offense if committed 5 by an adult. The bill expands the definition of a delinquent 6 act to include the violation of Code section 716.8 (relating 7 to trespassing). Despite adult violations being treated as 8 scheduled violations, misdemeanors, or felonies, all trespass 9 violations by children would be treated as delinquent acts in 10 the juvenile court. 11 DETENTION OR SHELTER CARE HEARING. Under current law, 12 a hearing for a child who is alleged to have committed a 13 delinquent act is required to be held within 48 hours of the 14 time of the child’s admission to a shelter care facility, 15 and within 24 hours of the time of a child’s admission to a 16 detention facility, excluding Saturdays, Sundays, and legal 17 holidays. The bill amends current law to provide that a 18 hearing is required to be held within two working days of 19 the time of the child’s admission to a shelter care facility 20 and within one working day of a child’s admission to a 21 detention facility. If the hearing is not held within the time 22 specified, except for good cause shown, the child shall be 23 released from shelter care or detention. 24 OFFICIAL JUVENILE COURT RECORDS OTHER THAN JUVENILE 25 DELINQUENCY RECORDS. The bill creates new Code section 26 232.147(1A) to provide that official juvenile court records 27 in all cases except those alleging delinquency shall be 28 confidential and are not public records. However, the bill 29 provides that such confidential records shall be disclosed, 30 without a court order, to judges and professional court staff; 31 the child and the child’s counsel; the child’s parent, guardian 32 ad litem, and the members of a reviewing child advocacy board 33 or a local citizen foster care review board; the county, 34 attorney, the county attorney’s assistants, or the attorney 35 -9- LSB 5289HV (1) 87 hb/rj 9/ 14

H.F. 2443 representing the state in absence of the county attorney; an 1 agency, individual, association, facility, or institution 2 which has custody of or is legally responsible for the child; 3 the court and court-related professional staff in connection 4 with the preparation of a presentence report; the child’s 5 foster parent or an individual providing preadoptive care to 6 the child; the state public defender; the statistical analysis 7 center; and the department of human services. 8 JUVENILE DELINQUENCY RECORDS OTHER THAN FORCIBLE FELONY 9 RECORDS. Current Code section 232.147(2) provides that 10 official juvenile court records are confidential and therefore 11 are not public records except in cases alleging the commission 12 of a delinquent act that would be a forcible felony if 13 committed by an adult. Under Code section 702.11, a forcible 14 felony is any felonious child endangerment, assault, murder, 15 sexual abuse, kidnapping, robbery, human trafficking, arson 16 in the first degree, or burglary in the first degree. Unless 17 an order sealing such confidential records in a delinquency 18 proceeding has been entered under Code section 232.150, 19 confidential records may be inspected, without court order, 20 to certain persons or entities. The bill amends this current 21 law to apply only to official juvenile court records alleging 22 delinquency other than those alleging the commission of a 23 delinquent act that would be a forcible felony if committed by 24 an adult. The bill provides that unless a sealing order has 25 been entered under Code section 232.150, these confidential 26 records may be inspected, without court order, by judges and 27 professional court staff; the child and the child’s counsel; 28 the child’s parent, guardian or custodian, court-appointed 29 special advocate, guardian ad litem, and the members of the 30 child advocacy board created in Code section 237.16 or a local 31 citizen foster care review board created in accordance with 32 Code section 237.19 who are assigning or reviewing the child’s 33 case; the county attorney, the county attorney’s assistants, or 34 the attorney representing the state in absence of the county 35 -10- LSB 5289HV (1) 87 hb/rj 10/ 14

H.F. 2443 attorney; an agency, individual, association, facility, or 1 institution which has custody of or is legally responsible 2 for the child; the court and court-related professional staff 3 in connection with the preparation of a presentence report; 4 a state or local law enforcement agency; the state public 5 defender; the statistical analysis center; the department of 6 human services; the department of corrections; a judicial 7 district department of correctional services; the board of 8 parole; the superintendent or the superintendent’s designee of 9 the school district for the school attended by the child or 10 the authorities in charge of an accredited nonpublic school 11 attended by the child; a member of the armed forces of the 12 United States who is conducting a background investigation 13 of an individual pursuant to federal law; the alleged victim 14 of the delinquent act; and individuals operating juvenile 15 detention programs. 16 JUVENILE DELINQUENCY RECORDS INVOLVING FORCIBLE FELONIES. 17 Current law provides in Code section 232.147(3) that unless 18 subject to a confidentiality order under Code section 232.149A 19 or a sealing order under Code section 232.150, official 20 juvenile court records containing a petition or complaint 21 alleging the commission of a delinquent act that would be a 22 forcible felony if committed by an adult are public records. 23 However, current law provides that such official records 24 are not available to the public or any governmental agency 25 through the internet or in an electronic customized data 26 report unless the child has been adjudicated delinquent in 27 the matter. Nevertheless, current law provides that official 28 juvenile court records may be disclosed without a court order 29 through the internet or in an electronic customized data report 30 prior to the child being adjudicated delinquent to judges and 31 professional court staff; the child’s counsel or guardian 32 ad litem; the county attorney and the county attorney’s 33 assistants; the court and court-related professional staff 34 in connection with the preparation of a presentence report; 35 -11- LSB 5289HV (1) 87 hb/rj 11/ 14

H.F. 2443 a state or local law enforcement agency; the state public 1 defender; the statistical analysis center; the department of 2 human services; the department of corrections; a judicial 3 district department of correctional services; and the board 4 of parole. The bill expands the list to include the child; 5 the child’s parent, guardian or custodian, court-appointed 6 special advocate, the child’s parent, guardian or custodian, 7 court-appointed special advocate, guardian ad litem, and the 8 members of the child advocacy board created in Code section 9 237.16 or a local citizen foster care review board created 10 in accordance with Code section 237.19 who are assigning or 11 reviewing the child’s case; the attorney representing the state 12 in absence of the county attorney; an agency, individual, 13 association, facility, or institution responsible for the care, 14 treatment, or supervision of the child pursuant to a court 15 order or voluntary placement agreement with the department of 16 human services, juvenile court officer, or intake officer; 17 the superintendent or the superintendent’s designee of the 18 school district for the school attended by the child or 19 the authorities in charge of an accredited nonpublic school 20 attended by the child; a member of the armed forces of the 21 United States who is conducting a background investigation of 22 an individual pursuant to federal law; individuals involved in 23 operating juvenile diversion programs, who may also receive 24 police reports and related information that assist in the 25 operation of a juvenile diversion program; and the alleged 26 victim of the delinquent act. 27 MISCELLANEOUS DUTIES RELATING TO CONFIDENTIAL RECORDS. 28 Current law provides that a provision within Code section 29 232.147 or Code section 232.149A shall not limit or prevent 30 individuals from performing any duties or responsibilities 31 as required by Code section 124.415 (parental and school 32 notifications —— persons under 18 years of age in possession of 33 controlled substances), 232.47 (findings for adjudication), or 34 232.49 (physical and mental examinations). The bill expands 35 -12- LSB 5289HV (1) 87 hb/rj 12/ 14

H.F. 2443 current law to include additional provisions relating to the 1 performance of duties or responsibilities as required by Code 2 section 123.47B (notifying a parent and school of a person 3 under 18 years of age in possession of or consuming alcoholic 4 liquor, wine, or beer) or 321J.2B (parental and school 5 notification of a person under 18 years of age operating while 6 intoxicated). 7 MAINTENANCE OR DESTRUCTION OF SEALED RECORDS. Code section 8 232.150 currently provides that on entry of a sealing order, 9 all agencies and individuals having custody of juvenile records 10 are required to send such records to the court issuing the 11 order. The bill provides that maintenance or destruction 12 of these records are to be prescribed by the state court 13 administrator. 14 SEALING OF CERTAIN DISTRICT COURT RECORDS. The bill 15 amends Code section 803.1 concerning the state’s criminal 16 jurisdiction and juveniles. The bill requires the court, if it 17 is determined that charges were erroneously filed in district 18 court on an individual under the age of 18 and the juvenile 19 court holds exclusive jurisdiction, to dismiss the charge in 20 district court and to direct the clerk of court to seal all 21 records initiated in district court. 22 The bill amends Code section 803.6 concerning the transfer 23 of jurisdiction to the juvenile court. Under current law, 24 the court may hold a hearing on whether a juvenile who is 25 alleged to have committed a criminal offense excluded from 26 the jurisdiction of the juvenile court under Code section 27 232.8(1)(c) should be transferred to the juvenile court for 28 adjudication and disposition as a juvenile. If after the 29 hearing the court transfers jurisdiction over the juvenile to 30 the juvenile court for the alleged commission of the public 31 offense, the court is required to forward the transfer order 32 together with all papers, documents, and a transcript of all 33 testimony filed or admitted into evidence in connection with 34 the case to the clerk of the juvenile court in the manner 35 -13- LSB 5289HV (1) 87 hb/rj 13/ 14

H.F. 2443 provided in Code section 232.8(2). The bill requires the clerk 1 to seal all records initiated in district court in this type 2 of case. 3 PUBLIC ACCESS TO CRIMINAL HISTORY DATA. Under current law, 4 any person may request the criminal history data of another 5 person from the department of public safety. The bill provides 6 absent an order determining official juvenile court records to 7 be public records is entered pursuant to Code section 232.149B, 8 adjudication and custody data that are deemed, or ordered to 9 be, confidential or that are sealed by court order, shall not 10 be provided by the department. 11 -14- LSB 5289HV (1) 87 hb/rj 14/ 14