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 jh/rj 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
