Bill Text: IA SSB1041 | 2013-2014 | 85th General Assembly | Introduced

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Bill Title: A study bill for an act providing access to child abuse records in juvenile court and the prosecution of certain youthful offenders.

Sponsorship: Unknown

Status: (N/A - Dead) 2013-01-17 - Judiciary: Taylor Chair,Hogg, and Schneider. [SSB1041 Detail]

Download: Iowa-2013-SSB1041-Introduced.html

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Senate Study Bill 1041 - Introduced
SENATE/HOUSE FILE _____
BY (PROPOSED JUDICIAL BRANCH
BILL)
A BILL FOR
An Act providing access to child abuse records in juvenile
court and the prosecution of certain youthful offenders.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 232.8, subsection 1, paragraph c, Code
2013, is amended to read as follows:
c. Violations by a child, aged sixteen or older, which
subject the child to the provisions of section 124.401,
subsection 1 , paragraph “e” or “f” , or violations of section
723A.2 which involve a violation of chapter 724 , or violation
of chapter 724 which constitutes a felony, or violations which
constitute a forcible felony are excluded from the jurisdiction
of the juvenile court and shall be prosecuted as otherwise
provided by law unless the court transfers jurisdiction of the
child to the juvenile court upon motion and for good cause as
provided in section 803.6 . A child over whom jurisdiction
has not been transferred to the juvenile court, and who is
convicted of a violation excluded from the jurisdiction of
the juvenile court under this paragraph, shall be sentenced
pursuant to section 124.401B , 902.9 , or 903.1 . Notwithstanding
any other provision of the Code to the contrary, the court may
accept from a child a plea of guilty, or may instruct the jury
on a lesser included offense to the offense excluded from the
jurisdiction of the juvenile court under this section , in the
same manner as regarding an adult. However, the juvenile court
shall have exclusive original jurisdiction in a proceeding
concerning an offense of animal torture as provided in section
717B.3A alleged to have been committed by a child under the age
of seventeen.
Sec. 2. Section 232.28, subsection 3, paragraph b, Code
2013, is amended to read as follows:
b. Check existing records of the court, law enforcement
agencies , and public records of other agencies , and child abuse
records as provided in section 235A.15, subsection 2, paragraph
“e” .
Sec. 3. Section 232.45, subsection 7, paragraph a,
subparagraph (1), Code 2013, is amended to read as follows:
(1) The child is fifteen seventeen years of age or younger.
Sec. 4. Section 235A.2, paragraph e, Code 2013, is amended
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by adding the following new subparagraph:
NEW SUBPARAGRAPH . (24) To an intake officer making a
preliminary inquiry pursuant to section 232.28, subsection 3.
Sec. 5. Section 803.6, Code 2013, is amended to read as
follows:
803.6 Transfer of jurisdiction —— juvenile.
1. The court, on its own motion, or upon motion of
any party, in the case of a juvenile who is alleged to
have committed a criminal offense listed in section 232.8,
subsection 1 , paragraph “c” , may direct a juvenile court officer
to provide a report regarding whether the child should be
transferred to juvenile court for adjudication and disposition
as a juvenile or prosecuted as a youthful offender pursuant to
section 907.3A .
2. If the court believes that transfer may be appropriate
the The court shall hold a hearing on whether the child
should be transferred to juvenile court for adjudication and
disposition or prosecuted as a youthful offender pursuant to
section 907.3A . A notice of the time and place of the transfer
hearing shall be given to all parties to the case. Prior to
the hearing, the court shall provide the defendant’s counsel
and the county attorney with access to the report provided by
the juvenile court officer and to all written material to be
considered by the court.
3. After the hearing, the court may transfer jurisdiction
to the juvenile court if the court determines that waiver to
the criminal court would be inappropriate under the criteria
set forth in section 232.45, subsection 6 , paragraph “c” ,
and section 232.45, subsection 8 . In the alternative,
after considering the criteria set forth in section 232.45,
subsections 7 and 9, the court may order prosecution as a
youthful offender pursuant to section 907.3A.
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
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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 . If
after hearing the court orders the defendant to be prosecuted
as a youthful offender, the defendant shall be prosecuted under
the procedures provided in section 907.3A.
5. A defendant transferred to the jurisdiction of the
juvenile court shall be placed in detention under section
232.22 , or continued under bond conditions if bond has
previously been posted. A defendant prosecuted as a youthful
offender shall be detained pursuant to section 232.23. A
determination pursuant to section 232.23, subsection 2, may be
made by the district court based upon evidence submitted at the
hearing .
Sec. 6. Section 907.3A, subsection 1, Code 2013, is amended
to read as follows:
1. a. Notwithstanding section 907.3 but subject to any
conditions of the waiver order, the trial court shall, upon
a plea of guilty or a verdict of guilty, defer sentence of
a youthful offender over whom the juvenile court has waived
jurisdiction pursuant to section 232.45, subsection 7 , and
place the juvenile on youthful offender status.
b. Notwithstanding section 907.3 and upon hearing under
section 803.6, the court may place a juvenile excluded from the
jurisdiction of the juvenile court pursuant to section 232.8,
subsection 1, paragraph “c” , on youthful offender status.
c. The court shall transfer supervision of the youthful
offender to the juvenile court for disposition in accordance
with section 232.52 . The court shall require supervision
of the youthful offender in accordance with section 232.54,
subsection 1 , paragraph “h” , or subsection 2 of this section .
Notwithstanding section 901.2 , a presentence investigation
shall not be ordered by the court subsequent to an entry of a
plea of guilty or verdict of guilty or prior to deferral of
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sentence of a youthful offender under this section .
EXPLANATION
This bill relates to access to child abuse records in
juvenile court and the prosecution of youthful offenders.
Under the bill, when a complaint is filed pursuant to Code
section 232.28 that a juvenile has committed a delinquent act,
the juvenile court intake officer making a preliminary inquiry
into the complaint shall be granted access to report data and
disposition data for cases of founded child abuse relating to
the juvenile who is the subject of the complaint. “Report
data” and “disposition data” are defined in Code section
235A.13.
The bill provides that a juvenile who is 17 years of age or
younger may be placed on youthful offender status pursuant to
the procedures of Code section 907.3A. Current law provides
that a juvenile 15 years of age or younger may be placed on
youthful offender status.
The bill also requires the district court to hold a hearing
for a juvenile excluded from the jurisdiction of juvenile court
pursuant to Code section 232.8(1)(c) because of the commission
of a serious offense to determine if the child should be
transferred to juvenile court for adjudication and disposition
as a juvenile or prosecuted as a youthful offender. Current
law requires such a hearing if the court believes a transfer
to juvenile court may be appropriate. Current law also does
not permit the court to place a juvenile on youthful offender
status if the juvenile has been excluded from the jurisdiction
of juvenile court for a serious offense.
The bill permits a juvenile excluded from the jurisdiction
of the juvenile court for a serious offense to remain on
bond if bond has been posted for the juvenile prior to being
transferred to juvenile court. Current law requires a juvenile
excluded from the jurisdiction of the juvenile court for a
serious offense to be placed in detention upon the transfer to
the jurisdiction of juvenile court.
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A youthful offender is a juvenile who receives a conviction
and deferred sentence in district court but is supervised
in juvenile court. Prior to a youthful offender reaching
the age of 18, a hearing is conducted by the district court
to determine whether supervision of the juvenile should
continue in district court or the sentence be discharged. If
supervision of the youthful offender is continued in district
court, any mandatory minimums that apply to the offense do
not apply to the youthful offender unless the court enters a
sentence of confinement.
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