Senate File 2220 - Introduced SENATE FILE 2220 BY PETERSEN A BILL FOR An Act relating to the jurisdiction of the juvenile court. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5123XS (4) 88 hf/rh

S.F. 2220 Section 1. Section 232.8, subsection 1, paragraph c, Code 1 2020, is amended by striking the paragraph. 2 Sec. 2. Section 232.45, subsection 6, Code 2020, is amended 3 to read as follows: 4 6. a. At Except as provided in paragraph “b” , at the 5 conclusion of the waiver hearing the court may waive its 6 jurisdiction over the child for the alleged commission of the 7 public offense for the purpose of prosecution of the child as 8 an adult if all of the following apply: 9 a. (1) The child is fourteen years of age or older. 10 b. (2) The court determines, or has previously determined 11 in a detention hearing under section 232.44 , that there is 12 probable cause to believe that the child has committed a 13 delinquent act which would constitute the public offense. 14 c. (3) The court determines that the state has established 15 that there are not reasonable prospects for rehabilitating the 16 child if the juvenile court retains jurisdiction over the child 17 and the child is adjudicated to have committed the delinquent 18 act, and that waiver of the court’s jurisdiction over the child 19 for the alleged commission of the public offense would be in 20 the best interests of the child and the community. 21 b. The juvenile court shall have exclusive original 22 jurisdiction in a proceeding concerning an offense of animal 23 torture as provided in section 717B.3A alleged to have been 24 committed by a child under the age of seventeen. 25 Sec. 3. Section 232.45, subsection 7, paragraph a, 26 subparagraph (2), Code 2020, is amended to read as follows: 27 (2) The court determines, or has previously determined in a 28 detention hearing under section 232.44 , that there is probable 29 cause to believe that the child has committed a delinquent act 30 which would constitute a public offense under section 232.8, 31 subsection 1 , paragraph “c” , notwithstanding the application 32 of that paragraph to children aged sixteen or older , including 33 a violation of section 124.401, subsection 1, paragraph “e” or 34 “f” ; a violation of section 723A.2 which involves a violation 35 -1- LSB 5123XS (4) 88 hf/rh 1/ 2

S.F. 2220 of chapter 724; a violation of chapter 724 which constitutes a 1 felony; or a violation which constitutes a forcible felony . 2 Sec. 4. Section 803.6, subsection 1, Code 2020, is amended 3 to read as follows: 4 1. The court , in the case of a juvenile who is alleged to 5 have committed a criminal offense listed in section 232.8, 6 subsection 1 , paragraph “c” , may direct a juvenile court officer 7 to provide a report regarding whether the child should be 8 transferred to juvenile court for adjudication and disposition 9 as a juvenile if the juvenile has committed one of the 10 following offenses: a violation of section 124.401, subsection 11 1, paragraph “e” or “f” ; a violation of section 723A.2 which 12 involves a violation of chapter 724; a violation of chapter 724 13 which constitutes a felony; or a violation which constitutes 14 a forcible felony . 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 Under current law, the juvenile court has exclusive original 19 jurisdiction in certain proceedings concerning a child (person 20 under 18 years of age), excluding certain offenses that would 21 be simple misdemeanor offenses if committed by an adult. In 22 addition, if a child is 16 years of age or older and has 23 committed certain other offenses, the child is excluded from 24 the jurisdiction of the juvenile court unless the district 25 court transfers jurisdiction of the child to juvenile court 26 after a waiver application and hearing. This bill eliminates 27 this exclusion from the jurisdiction of the juvenile court for 28 a child 16 years of age and older for offenses that involve the 29 manufacture, delivery, or possession of a controlled substance 30 while in the immediate possession or control of a firearm 31 or offensive weapon; criminal gang participation involving 32 weapons; a felony weapons charge; and forcible felonies. The 33 bill also makes conforming Code changes. 34 -2- LSB 5123XS (4) 88 hf/rh 2/ 2