Bill Text: IA SF2220 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the jurisdiction of the juvenile court.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-02-11 - Subcommittee: Sinclair, Bisignano, and Sweeney. S.J. 275. [SF2220 Detail]
Download: Iowa-2019-SF2220-Introduced.html
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
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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
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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
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