Bill Text: IA HF153 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to a complaint alleging the commission of a delinquent act that would constitute a felony if committed by an adult.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-02-19 - Passed subcommittee. [HF153 Detail]
Download: Iowa-2015-HF153-Introduced.html
House File 153 - Introduced HOUSE FILE BY DAWSON A BILL FOR 1 An Act relating to a complaint alleging the commission of a 2 delinquent act that would constitute a felony if committed 3 by an adult. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1886YH (2) 86 jm/rj PAG LIN 1 1 Section 1. Section 232.28, subsection 3, paragraph e, Code 1 2 2015, is amended to read as follows: 1 3 e. Interview such persons as are necessary to determine 1 4 whether the filing of a petition would be in the best interests 1 5 of the child and the communityas provided in section 232.35, 1 6 subsections 2 and 3and whether the complaint alleges a 1 7 delinquent act that would constitute a felony if committed by 1 8 an adult. 1 9 Sec. 2. Section 232.28, subsections 6, 7, 8, and 9, Code 1 10 2015, are amended to read as follows: 1 11 6.TheExcept as provided in subsection 9, the intake 1 12 officer, after consultation with the county attorney when 1 13 necessary, shall determine whether the complaint is legally 1 14 sufficient for the filing of a petition. A complaint shall be 1 15 deemed legally sufficient for the filing of a petition if the 1 16 facts as alleged are sufficient to establish the jurisdiction 1 17 of the court and probable cause to believe that the child has 1 18 committed a delinquent act. If the intake officer determines 1 19 that the complaint is legally sufficient to support the 1 20 filing of a petition, the officer shall determine whether the 1 21 interests of the child and the public will best be served by 1 22 the dismissal of the complaint, the informal adjustment of the 1 23 complaint, or the filing of a petition. 1 24 7.IfExcept as provided in subsection 9, if the intake 1 25 officer determines that the complaint is not legally sufficient 1 26 for the filing of a petition or that further proceedings are 1 27 not in the best interests of the child or the public, the 1 28 intake officer shall dismiss the complaint. 1 29 8.IfExcept as provided in subsection 9, if the intake 1 30 officer determines that the complaint is legally sufficient 1 31 for the filing of a petition and that an informal adjustment 1 32 of the complaint is in the best interests of the child and the 1 33 community, the officer may make an informal adjustment of the 1 34 complaint in accordance with section 232.29. 1 35 9. a. If the intake officer determines that the complaint 2 1 is legally sufficient for the filing of a petition and that the 2 2 filing of a petition is in the best interests of the child and 2 3 the public, the officer shall request the county attorney to 2 4 file a petition in accordance with section 232.35. 2 5 b. If the complaint alleges a delinquent act that would 2 6 constitute a felony if committed by an adult, the intake 2 7 officer shall request the county attorney to file a petition in 2 8 accordance with section 232.35. 2 9 Sec. 3. Section 232.35, subsections 2 and 3, Code 2015, are 2 10 amended to read as follows: 2 11 2. If the intake officer determines that a complaint is 2 12 legally sufficient for the filing of a petition alleging that 2 13 a child has committed a delinquent act and that the filing of 2 14 a petition would be in the best interests of the child and the 2 15 community, or the complaint alleges a delinquent act that would 2 16 constitute a felony if committed by an adult, the officer shall 2 17 submit a written request for the filing of a petition to the 2 18 county attorney. The county attorney may grant or deny the 2 19 request of the intake officer for the filing of a petition. A 2 20 determination by the county attorney that a petition should not 2 21 be filed shall be final. 2 22 3. If the intake officer determines that a complaint is 2 23 not legally sufficient for the filing of a petition or that 2 24 the filing of a petition would not be in the best interests of 2 25 the child and the community, and the complaint does not allege 2 26 a delinquent act that would constitute a felony if committed 2 27 by an adult, the officer shall notify the complainant of the 2 28 officer's determination and the reasons for such determination, 2 29 and shall advise the complainant that the complainant may 2 30 submit the complaint to the county attorney for review. Upon 2 31 receiving a request for review, the county attorney shall 2 32 consider the facts presented by the complainant, consult 2 33 with the intake officer and make the final determination as 2 34 to whether a petition should be filed. In the absence of a 2 35 request by the complainant for a review of the intake officer's 3 1 determination that a petition should not be filed, the 3 2 officer's determination shall be final, and the intake officer 3 3 shall inform the county attorney of this decision concerning 3 4 complaints involving allegations of acts which, if committed 3 5 by an adult, would constitute an aggravated misdemeanoror a 3 6 felony. 3 7 EXPLANATION 3 8 The inclusion of this explanation does not constitute agreement with 3 9 the explanation's substance by the members of the general assembly. 3 10 This bill relates to a complaint alleging the commission of 3 11 a delinquent act that would constitute a felony if committed 3 12 by an adult. 3 13 Under the bill, if a complaint is filed alleging a juvenile 3 14 committed a delinquent act that would constitute a felony if 3 15 committed by an adult, the intake officer must request the 3 16 county attorney to file a petition in accordance with Code 3 17 section 232.35. The county attorney may grant or deny the 3 18 request of the intake officer for the filing of a petition. 3 19 Under current law, if the intake officer determines that a 3 20 complaint is legally sufficient for the filing of a petition 3 21 alleging that a child has committed a delinquent act and that 3 22 the filing of a petition would be in the best interests of the 3 23 child and the community, regardless of the classification of 3 24 the offense, the intake officer is required to request the 3 25 county attorney to file a petition in accordance with Code 3 26 section 232.35. 3 27 The capability of the intake officer remains under the bill 3 28 to determine whether a complaint alleging a juvenile committed 3 29 a delinquent act that would constitute a misdemeanor is not 3 30 legally sufficient for the filing of a petition or that the 3 31 filing of a petition would not be in the best interests of the 3 32 child and the community. LSB 1886YH (2) 86 jm/rj
