Bill Text: IA HF2333 | 2015-2016 | 86th General Assembly | Introduced


Bill Title: A bill for an act relating to consent decrees in juvenile delinquency proceedings. (Formerly HSB 521)

Sponsorship: Committee Bill

Status: (Engrossed - Dead) 2016-03-17 - Placed on calendar under unfinished business. S.J. 558. [HF2333 Detail]

Download: Iowa-2015-HF2333-Introduced.html
House File 2333 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO HSB 521)

                                      A BILL FOR

  1 An Act relating to consent decrees in juvenile delinquency
  2    proceedings.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5104HV (3) 86
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PAG LIN



  1  1    Section 1.  Section 232.46, subsection 1, paragraph a,
  1  2 unnumbered paragraph 1, Code 2016, is amended to read as
  1  3 follows:
  1  4    At any time after the filing of a petition and an admission
  1  5 by the child of the child's involvement in a delinquent act
  1  6 or a finding by the court that the child has committed a
  1  7 delinquent act, and prior to entry of an order of adjudication
  1  8 pursuant to section 232.47, the court may suspend the
  1  9 proceedings on motion of the county attorney or the child's
  1 10 counsel, enter a consent decree, and continue the case under
  1 11 terms and conditions established by the court. Alternatively,
  1 12 the court may enter a consent decree without an admission by
  1 13 the child of the child's involvement in a delinquent act or a
  1 14 finding that the child has committed a delinquent act if both
  1 15 the child and the county attorney agree to the consent decree.
  1 16 These terms and conditions may include any of the following:
  1 17                           EXPLANATION
  1 18 The inclusion of this explanation does not constitute agreement with
  1 19 the explanation's substance by the members of the general assembly.
  1 20    This bill relates to consent decrees in juvenile delinquency
  1 21 proceedings.
  1 22    Under current law, after a county attorney files a petition
  1 23 alleging that a child has committed a delinquent act and prior
  1 24 to an order of adjudication, the court may suspend the juvenile
  1 25 delinquency proceedings, enter a consent decree, and continue
  1 26 the case under terms and conditions established by the court.
  1 27 If the child complies with the terms and conditions of the
  1 28 consent decree for the required amount of time, the original
  1 29 petition may not be reinstated. If the child fails to comply
  1 30 with the terms and conditions of the consent decree, the child
  1 31 may be held accountable for the underlying delinquent act as if
  1 32 the consent decree had never been entered. However, the court
  1 33 may not enter a consent decree unless the child and the child's
  1 34 parent, guardian, or custodian are informed of the consequences
  1 35 of the consent decree and the child agrees to the terms and
  2  1 conditions of the consent decree.
  2  2    The bill amends current law so that the court may enter a
  2  3 consent decree only after the child admits to having committed
  2  4 a delinquent act, the court finds that the child committed a
  2  5 delinquent act, or the child and the county attorney agree to
  2  6 the consent decree.
       LSB 5104HV (3) 86
       jh/rj
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