Bill Text: IA SF292 | 2015-2016 | 86th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to the confidentiality of certain juvenile court records. (Formerly SSB 1148.) Effective 7-1-15.
Spectrum: Committee Bill
Status: (Passed) 2015-04-24 - Signed by Governor. S.J. 932. [SF292 Detail]
Download: Iowa-2015-SF292-Introduced.html
Bill Title: A bill for an act relating to the confidentiality of certain juvenile court records. (Formerly SSB 1148.) Effective 7-1-15.
Spectrum: Committee Bill
Status: (Passed) 2015-04-24 - Signed by Governor. S.J. 932. [SF292 Detail]
Download: Iowa-2015-SF292-Introduced.html
Senate File 292 - Introduced SENATE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1148) A BILL FOR 1 An Act relating to the confidentiality of certain juvenile 2 court records. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1285SV (1) 86 jm/rj PAG LIN 1 1 Section 1. Section 13B.4B, subsection 2, paragraph b, 1 2 subparagraph (3), Code 2015, is amended to read as follows: 1 3 (3) The case number and name of the client unless the 1 4 information is a confidential juvenile record under section 1 5 232.147 or 232.147A. 1 6 Sec. 2. Section 232.19, subsection 4, Code 2015, is amended 1 7 to read as follows: 1 8 4.InformationExcept as provided in section 232.147A, 1 9 information pertaining to a child who is at least ten years 1 10 of age and who is taken into custody for a delinquent act 1 11 which would be a public offense is a public record and is not 1 12 confidential under section 232.147. 1 13 Sec. 3. Section 232.147, subsection 1, Code 2015, is amended 1 14 to read as follows: 1 15 1. Juvenile court records shall be confidential.They1 16 a. Records containing a dismissal of a complaint or an 1 17 informal adjustment of a complaint when no petition is filed 1 18 relating to the complaint shall be inspected and disclosed 1 19 pursuant to section 232.147A. 1 20 b. All other records shall not be inspected andtheir 1 21the contents of the records shall not be disclosed except as 1 22 provided in this section. 1 23 Sec. 4. Section 232.147, subsection 2, paragraph a, Code 1 24 2015, is amended to read as follows: 1 25 a. Official juvenile court records containing a petition 1 26 or complaint alleging delinquency filed prior to January 1, 1 27 2007, shall be public records subject to section 232.147A, a 1 28 confidentiality order under section 232.149A, or sealing under 1 29 section 232.150. 1 30 Sec. 5. Section 232.147, subsection 2, paragraph b, 1 31 unnumbered paragraph 1, Code 2015, is amended to read as 1 32 follows: 1 33 Official juvenile court records containing a petition or 1 34 complaint alleging delinquency filed on or after January 1, 1 35 2007, shall be public records subject to section 232.147A, a 2 1 confidentiality order under section 232.149A, or sealing under 2 2 section 232.150. The official records shall not be available 2 3 to the public or any governmental agency through the internet 2 4 or in an electronic customized data report unless the child has 2 5 been adjudicated delinquent. However, the following shall have 2 6 access to official juvenile court records through the internet 2 7 or in an electronic customized data report prior to the child 2 8 being adjudicated delinquent: 2 9 Sec. 6. Section 232.147, subsection 6, Code 2015, is amended 2 10 to read as follows: 2 11 6.a.Inspection of social records and disclosure of their 2 12 contents shall not be permitted except pursuant to court order 2 13 or unless otherwise provided in this subsection or chapter. 2 14b. If an informal adjustment of a complaint is made pursuant 2 15 to section 232.29, the intake officer shall disclose to the 2 16 victim of the delinquent act, upon the request of the victim, 2 17 the name and address of the child who committed the delinquent 2 18 act.2 19 Sec. 7. NEW SECTION. 232.147A Dismissal of complaint and 2 20 informal adjustment ==== records. 2 21 1. If a complaint against a juvenile is filed under section 2 22 232.28 but a petition is not filed on the complaint under 2 23 section 232.35, the official juvenile court records containing 2 24 a dismissal of the complaint or an informal adjustment of the 2 25 complaint under section 232.29 shall not be inspected and 2 26 the contents of the records shall not be disclosed except as 2 27 provided in this section. 2 28 2. The intake officer to whom the complaint was referred 2 29 shall disclose to the victim of a delinquent act, the name and 2 30 address of the child who committed the delinquent act, upon the 2 31 request of the victim. 2 32 3. The following shall have access to the official juvenile 2 33 court records: 2 34 a. The county attorney and the county attorney's designee. 2 35 b. The superintendent or superintendent's designee of a 3 1 school district, or the authorities in charge of an accredited 3 2 nonpublic school. 3 3 c. The designee of the armed forces of the United States. 3 4 d. The statistical analysis center for the purposes stated 3 5 in section 216A.136. 3 6 Sec. 8. Section 232.149, Code 2015, is amended by adding the 3 7 following new subsection: 3 8 NEW SUBSECTION. 2A. Records and files of a criminal or 3 9 juvenile justice agency concerning a defendant transferred 3 10 to the juvenile court under section 803.6 for the alleged 3 11 commission of a public offense are public records, except that 3 12 release of criminal history data, intelligence data, and law 3 13 enforcement investigatory files is subject to the provisions of 3 14 section 22.7 and chapter 692, and juvenile court social records 3 15 shall be deemed confidential criminal identification files 3 16 under section 22.7, subsection 9. The records are subject to 3 17 sealing under section 232.150. 3 18 Sec. 9. Section 915.25, Code 2015, is amended to read as 3 19 follows: 3 20 915.25 Right to review complaint against juvenile. 3 21 1.AExcept as provided in section 232.147A, a complaint 3 22 filed with the court or its designee pursuant to chapter 232 3 23 which alleges that a child who is at least ten years of age 3 24 has committed a delinquent act, which if committed by an adult 3 25 would be a public offense, is a public record and shall not be 3 26 confidential under section 232.147. 3 27 2.TheExcept as provided in section 232.147A, the court, 3 28 its designee, or law enforcement officials are authorized to 3 29 release the complaint, including the identity of the child 3 30 named in the complaint. 3 31 EXPLANATION 3 32 The inclusion of this explanation does not constitute agreement with 3 33 the explanation's substance by the members of the general assembly. 3 34 This bill relates to the confidentiality of juvenile court 3 35 records. 4 1 The amendment to Code section 13B.4B(2) specifies that the 4 2 summary of a court appointed attorney's claim for compensation 4 3 submitted to the state public defender shall not contain 4 4 information relating to a dismissal of a juvenile complaint 4 5 or an informal adjustment of a complaint under Code section 4 6 232.29. 4 7 The amendment to Code section 232.19 specifies that when 4 8 a juvenile is taken into custody, any records relating to 4 9 a dismissal of the complaint or an informal adjustment of 4 10 the complaint shall not be inspected and the contents of 4 11 the records shall not be disclosed unless a petition to 4 12 adjudicate the juvenile a delinquent has been filed. Newly 4 13 created Code section 232.147A in the bill specifies when the 4 14 records relating to a dismissal of a complaint or an informal 4 15 adjustment of a complaint may be disclosed. 4 16 The amendment to Code section 232.147 specifies that 4 17 juvenile records containing a dismissal of a complaint or 4 18 an informal adjustment of a complaint, when no petition to 4 19 adjudicate the juvenile a delinquent has been filed based on 4 20 the complaint, shall be disclosed pursuant to newly created 4 21 Code section 232.147A in the bill. The amendment to Code 4 22 section 232.147 also makes conforming changes. 4 23 The bill establishes new Code section 232.147A concerning 4 24 the release of juvenile court records relating to the 4 25 dismissal of a complaint and an informal adjustment of a 4 26 complaint. Under the bill, if a complaint has been filed 4 27 against a juvenile but no petition to adjudicate the juvenile a 4 28 delinquent has been filed based on the complaint, the official 4 29 juvenile court records containing a dismissal of the complaint 4 30 or an informal adjustment of the complaint under Code section 4 31 232.29, shall not be inspected and the contents of the records 4 32 shall not be disclosed except under certain circumstances. 4 33 Current law and the bill require the intake officer in juvenile 4 34 court to disclose to the victim of the delinquent act, the name 4 35 and address of the child who committed the delinquent act, upon 5 1 the request of the victim. 5 2 The bill also specifies that the following shall have 5 3 access to the juvenile records relating to the dismissal of 5 4 a complaint and an informal adjustment of a complaint if no 5 5 petition to adjudicate is filed relating to the complaint: 5 6 the county attorney and the county attorney's designee; 5 7 the superintendent or superintendent's designee of a school 5 8 district, or the authorities in charge of an accredited 5 9 nonpublic school; a designee of the armed forces of the United 5 10 States; and the statistical analysis center pursuant to Code 5 11 section 216A.136. 5 12 The amendment to Code section 232.149 relates to the records 5 13 and files of a defendant transferred to juvenile court from 5 14 adult court under Code section 803.6. The bill specifies 5 15 that the records and files of the defendant transferred from 5 16 adult court to juvenile court are public records except that 5 17 criminal history data as defined in Code section 692.1(5), 5 18 intelligence data as defined in Code section 692.1(14), 5 19 and law enforcement investigatory files are subject to the 5 20 confidentiality provisions of Code section 22.7 and Code 5 21 chapter 692. The amendment to Code section 232.149 further 5 22 specifies that juvenile court social records, as defined in 5 23 Code section 232.2(31), shall be deemed confidential criminal 5 24 identification files under Code section 22.7(9). The amendment 5 25 to Code section 232.149 also specifies that the records of a 5 26 defendant transferred to juvenile court may be sealed under 5 27 Code section 232.150. 5 28 The amendment to Code section 915.25 specifies that a 5 29 complaint alleging a juvenile committed a delinquent act is not 5 30 a public record if no petition to adjudicate the juvenile a 5 31 delinquent has been filed based on the complaint. LSB 1285SV (1) 86 jm/rj
