House
Study
Bill
668
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
NUNN)
A
BILL
FOR
An
Act
relating
to
the
delinquency
jurisdiction
of
the
juvenile
1
court
and
the
confidentiality
and
disclosure
of
certain
2
juvenile
court
records.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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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
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_____
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
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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
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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
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_____
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
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_____
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
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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,
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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
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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
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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
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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;
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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
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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
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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.
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