Bill Text: IA SF434 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to the sealing of certain criminal offenders’ juvenile delinquency records. (Formerly SF 292.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2017-04-18 - Message from House, with amendment S-3329. S.J. 1045. [SF434 Detail]

Download: Iowa-2017-SF434-Introduced.html

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Senate File 434 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO SF 292)

                                      A BILL FOR

  1 An Act relating to the sealing of certain criminal offenders'
  2    juvenile delinquency records.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1045SV (2) 87
    hb/rj

PAG LIN



  1  1    Section 1.  Section 232.150, subsection 1, paragraph b, Code
  1  2 2017, is amended to read as follows:
  1  3    b.  If the person was adjudicated delinquent for an
  1  4 offense which if committed by an adult would be an aggravated
  1  5 misdemeanor or a felony, the court shall not order the records
  1  6 in the case sealed unless, upon application of the person or
  1  7 upon the court's own motion and after hearing, the court finds
  1  8 that any of the following apply:
  1  9    (1)  That paragraph "a", subparagraphs (1) and (2), apply and
  1 10 that the sealing is in the best interests of the person and the
  1 11 public.
  1 12    (2)  If the person has been convicted of a felony or
  1 13 an aggravated or serious misdemeanor subsequent to the
  1 14 adjudication, that ten years have elapsed since the conviction.
  1 15                           EXPLANATION
  1 16 The inclusion of this explanation does not constitute agreement with
  1 17 the explanation's substance by the members of the general assembly.
  1 18    This bill relates to the sealing of juvenile delinquency
  1 19 records for certain criminal offenders.
  1 20    Current law provides that a person, who was adjudicated
  1 21 delinquent for an offense which if committed by an adult would
  1 22 be an aggravated misdemeanor or a felony, may have the person's
  1 23 juvenile delinquency records sealed, if, upon the application
  1 24 of the person or the court's motion and after a hearing, the
  1 25 court finds that the following conditions have been met:  the
  1 26 person is at least 18 years of age and two years have elapsed
  1 27 since the last official action in the person's case, that the
  1 28 person has not been subsequently convicted of a felony or an
  1 29 aggravated or serious misdemeanor or adjudicated a delinquent
  1 30 child for an act which if committed by an adult would be a
  1 31 felony, an aggravated misdemeanor, or a serious misdemeanor
  1 32 and no proceeding is pending seeking such conviction or
  1 33 adjudication, and that the sealing is in the best interest of
  1 34 the person and the public.
  1 35    The bill amends the current law to allow the sealing of
  2  1 such a person's juvenile delinquency records, without meeting
  2  2 the conditions set out above, but requiring the following
  2  3 alternative condition of a person who, subsequent to the
  2  4 juvenile adjudication, was convicted of a felony or an
  2  5 aggravated or serious misdemeanor and that 10 years have passed
  2  6 since the person's conviction for the felony or aggravated or
  2  7 serious misdemeanor.
       LSB 1045SV (2) 87
       hb/rj