Bill Text: IA HF2443 | 2017-2018 | 87th General Assembly | Enrolled
Bill Title: A bill for an act relating to the delinquency jurisdiction of the juvenile court and the confidentiality and disclosure of certain juvenile court records. (Formerly HSB 668.) Effective 7-1-18.
Spectrum: Committee Bill
Status: (Passed) 2018-05-16 - Signed by Governor. H.J. 997. [HF2443 Detail]
Download: Iowa-2017-HF2443-Enrolled.html
House File 2443 - Enrolled
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 668)
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A BILL FOR
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House File 2443
AN ACT
RELATING TO THE DELINQUENCY JURISDICTION OF THE JUVENILE
COURT AND THE CONFIDENTIALITY AND DISCLOSURE OF CERTAIN
JUVENILE COURT RECORDS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 232.2, subsection 12, Code 2018, is
amended by adding the following new paragraph:
NEW PARAGRAPH. d. The violation of sections 716.7 and
716.8, which is committed by a child.
Sec. 2. Section 232.2, Code 2018, is amended by adding the
following new subsection:
NEW SUBSECTION. 32A. "Juvenile diversion program" means
an organized effort to coordinate services for a child who
is alleged to have committed a delinquent act, when the
organized effort results in the dismissal of a complaint
alleging the commission of the delinquent act or results in
informally proceeding without a complaint being filed against
the child, and which does not result in an informal adjustment
agreement involving juvenile court services or the filing of
a delinquency petition.
Sec. 3. Section 232.8, subsection 2, Code 2018, is amended
to read as follows:
2. a. A case involving a person charged in a court other
than the juvenile court with the commission of a public offense
not exempted by law from the jurisdiction of the juvenile
court and who is within the provisions of subsection 1 of this
section shall immediately be transferred to the juvenile court.
The transferring court shall order a transfer and shall forward
the transfer order together with all papers, documents and a
transcript of all testimony filed or admitted into evidence
in connection with the case to the clerk of the juvenile
court. The jurisdiction of the juvenile court shall attach
immediately upon the signing of an order of transfer. From the
time of transfer, the custody, shelter care and detention of
the person alleged to have committed a delinquent act shall be
in accordance with the provisions of this chapter and the case
shall be processed in accordance with the provisions of this
chapter.
b. Upon completion of the transfer to juvenile court,
the court shall file an order dismissing the charge in the
transferring court and directing the clerk of court to seal all
records of the charge initiated in the transferring court.
Sec. 4. Section 232.44, subsection 1, paragraph a, Code
2018, is amended to read as follows:
a. A hearing shall be held within forty=eight hours,
excluding Saturdays, Sundays, and legal holidays, two working
days of the time of the child's admission to a shelter care
facility, and within twenty=four hours, excluding Saturdays,
Sundays, and legal holidays, one working day of the time of a
child's admission to a detention facility. If the hearing is
not held within the time specified in this paragraph, except
for good cause shown, the child shall be released from shelter
care or detention.
Sec. 5. Section 232.147, Code 2018, is amended by adding the
following new subsection:
NEW SUBSECTION. 1A. Official juvenile court records
in all cases except those alleging delinquency shall be
confidential and are not public records. Confidential records
may be inspected and their contents shall be disclosed to the
following without court order, provided that a person or entity
who inspects or receives a confidential record under this
subsection shall not disclose the confidential record or its
contents unless required by law:
a. The judge and professional court staff, including
juvenile court officers.
b. The child and the child's counsel.
c. The child's parent, guardian or custodian, court
appointed special advocate, and guardian ad litem, and
the members of the child advocacy board created in section
237.16 or a local citizen foster care review board created in
accordance with section 237.19 who are assigning or reviewing
the child's case.
d. The county attorney, the county attorney's assistants, or
the attorney representing the state in absence of the county
attorney.
e. An agency, individual, association, facility, or
institution responsible for the care, treatment, or supervision
of the child pursuant to a court order or voluntary placement
agreement with the department of human services, juvenile
officer, or intake officer.
f. A court, court professional staff, and adult probation
officers in connection with the preparation of a presentence
report concerning a person who prior thereto had been the
subject of a juvenile court proceeding.
g. The child's foster parent or an individual providing
preadoptive care to the child.
h. The state public defender.
i. The statistical analysis center for the purposes stated
in section 216A.136.
j. The department of human services.
Sec. 6. Section 232.147, subsections 2 and 3, Code 2018, are
amended to read as follows:
2. Official juvenile court records in all cases alleging
the commission of a delinquent act except those alleging the
commission of a delinquent act that would be a forcible felony
if committed by an adult shall be confidential and are not
public records. Unless an order sealing such confidential
records in a delinquency proceeding has been entered pursuant
to section 232.150, confidential records may be inspected and
their contents shall be disclosed to the following without
court order, provided that a person or entity who inspects or
receives a confidential record under this section subsection
shall not disclose the confidential record or its contents
unless required by law:
a. The judge and professional court staff, including
juvenile court officers.
b. The child and the child's counsel.
c. The child's parent, guardian or custodian, court
appointed special advocate, and guardian ad litem, and
the members of the child advocacy board created in section
237.16 or a local citizen foster care review board created in
accordance with section 237.19 who are assigning or reviewing
the child's case.
d. The county attorney, and the county attorney's
assistants, or the attorney representing the state in absence
of the county attorney.
e. An agency, individual, association, facility, or
institution which has custody of the child, or is legally
responsible for the care, treatment, or supervision of the
child, including but not limited to the department of human
services pursuant to a court order or voluntary placement
agreement with the department of human services, juvenile court
officer, or intake officer.
f. A court, court professional staff, and adult probation
officers in connection with the preparation of a presentence
report concerning a person who prior thereto had been the
subject of a juvenile court delinquency proceeding.
g. The child's foster parent or an individual providing
preadoptive care to the child.
h. g. The state public defender.
h. The department of human services.
i. The department of corrections.
j. A judicial district department of correctional services.
k. The board of parole.
l. The superintendent or the superintendent's designee of
the school district for the school attended by the child or
the authorities in charge of an accredited nonpublic school
attended by the child.
m. A member of the armed forces of the United States who is
conducting a background investigation of an individual pursuant
to federal law.
n. The statistical analysis center for the purposes stated
in section 216A.136.
o. A state or local law enforcement agency.
p. The alleged victim of the delinquent act.
q. An individual involved in the operation of a juvenile
diversion program, who may also receive from a state or local
law enforcement agency police reports and related information
that assist in the operation of the juvenile diversion program.
3. Official juvenile court records containing a petition
or complaint alleging the commission of a delinquent act that
would be a forcible felony if committed by an adult shall be
public records subject to a confidentiality order under section
232.149A or sealing under section 232.150. However, such
official records shall not be available to the public or any
governmental agency through the internet or in an electronic
customized data report unless the child has been adjudicated
delinquent in the matter. However, such official juvenile
court records shall be disclosed through the internet or in
an electronic customized data report prior to the child being
adjudicated delinquent to the following without court order:
a. The judge and professional court staff, including
juvenile court officers.
b. The child and the child's counsel or guardian ad litem.
c. The child's parent, guardian or custodian,
court=appointed special advocate, guardian ad litem, and
the members of the child advocacy board created in section
237.16 or a local citizen foster care review board created in
accordance with section 237.19 who are assigning or reviewing
the child's case.
c. d. The county attorney, and the county attorney's
assistants, or the attorney representing the state in absence
of the county attorney.
d. e. A court, court professional staff, and adult
probation officers in connection with the preparation of a
presentence report concerning a person who prior thereto had
been the subject of a juvenile court proceeding.
f. An agency, individual, association, facility, or
institution responsible for the care, treatment, or supervision
of the child pursuant to a court order or voluntary placement
agreement with the department of human services, juvenile court
officer, or intake officer.
e. g. A state or local law enforcement agency.
f. h. The state public defender.
g. i. The statistical analysis center for the purposes
stated in section 216A.136.
h. j. The department of human services.
i. k. The department of corrections.
j. l. A judicial district department of correctional
services.
k. m. The board of parole.
n. The superintendent or the superintendent's designee of
the school district for the school attended by the child or
the authorities in charge of an accredited nonpublic school
attended by the child.
o. A member of the armed forces of the United States who is
conducting a background investigation of an individual pursuant
to federal law.
p. The alleged victim of the delinquent act.
q. An individual involved in the operation of a juvenile
diversion program, who may also receive from a state or local
law enforcement agency police reports and related information
that assist in the operation of the juvenile diversion program.
Sec. 7. Section 232.147, subsection 16, Code 2018, is
amended to read as follows:
16. A provision in this section or section 232.149A shall
not limit or prohibit individuals from performing any duties
or responsibilities as required by section 123.47B, 124.415,
232.47, or 232.49, or 321J.2B.
Sec. 8. Section 232.149, subsection 2, Code 2018, is amended
to read as follows:
2. Records and files of a criminal or juvenile justice
agency, an intake officer, or a juvenile court officer
concerning a child involved in a delinquent act are
confidential. The records are subject to sealing under section
232.150 unless the juvenile court waives its jurisdiction over
the child so that the child may be prosecuted as an adult for
a public offense. A criminal or juvenile justice agency may
disclose to individuals involved in the operation of a juvenile
diversion program police reports and related information that
assist in the operation of the juvenile diversion program.
Sec. 9. Section 232.149, Code 2018, is amended by adding the
following new subsection:
NEW SUBSECTION. 6. Notwithstanding subsections 2 and 5,
information from such records and files may be disclosed by
a juvenile justice agency, intake officer, or juvenile court
officer, when making referrals for placement of the child, to
an agency, individual, association, facility, or institution
that will have physical custody of the child, or will become
responsible for the care, treatment, or supervision of the
child upon placement.
Sec. 10. Section 232.150, subsection 4, paragraph a, Code
2018, is amended to read as follows:
a. All agencies and persons having custody of records which
are named therein, shall send such records to the court issuing
the order. Maintenance or destruction of these records shall
be prescribed by the state court administrator.
Sec. 11. Section 232.151, Code 2018, is amended to read as
follows:
232.151 Criminal penalties.
1. Any person who knowingly discloses, receives, or makes
use or permits the use of information derived directly or
indirectly from the records concerning a child referred to in
sections 232.147 through 232.150, except as provided by those
sections or section 13B.4B, subsection 2, paragraph "c", shall
be guilty of a serious misdemeanor.
2. This section does not apply to a person or entity
authorized to receive or inspect the contents of confidential
official juvenile court records, or the confidential records
of a criminal or juvenile justice agency, juvenile court
officer, or juvenile intake officer, when such person or entity
discloses such information to another person or entity also
authorized to receive or inspect the confidential information,
or discloses to a witness or other interested person the date,
time, and nature of a court proceeding concerning the child
in order to secure the appearance of the witness or other
interested person at the proceeding.
Sec. 12. Section 692.2, subsection 1, paragraph b, Code
2018, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH. (7) Absent an order determining official
juvenile court records to be public records entered pursuant
to section 232.149B, adjudication and custody data that are
deemed or ordered to be confidential pursuant to section
232.147, 232.149, or 232.149A, or that are sealed by court
order pursuant to section 232.150, shall not be provided
by the department, except as necessary for the purpose of
administering chapter 692A.
Sec. 13. Section 803.1, Code 2018, is amended by adding the
following new subsection:
NEW SUBSECTION. 5. If it is determined that charges were
erroneously filed in district court against an individual under
the age of eighteen and the juvenile court holds exclusive
jurisdiction, the court shall file an order dismissing the
charge in district court and directing the clerk of court to
seal all records of the charge initiated in district court.
Sec. 14. Section 803.6, subsection 4, Code 2018, is amended
to read as follows:
4. If after the hearing the court transfers jurisdiction
over the defendant to the juvenile court for the alleged
commission of the public offense, the court shall forward the
transfer order together with all papers, documents, and a
transcript of all testimony filed or admitted into evidence in
connection with the case to the clerk of the juvenile court in
the same manner as provided in section 232.8, subsection 2, and
the clerk shall seal all records initiated in district court.
LINDA UPMEYER
CHARLES SCHNEIDE
CARMINE BOAL
KIM REYNOLDS
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