Bill Text: IA SF2307 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to the sealing of juvenile delinquency records. (Formerly SF 380.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2012-03-14 - Fiscal note. HCS. [SF2307 Detail]
Download: Iowa-2011-SF2307-Introduced.html
Senate
File
2307
-
Introduced
SENATE
FILE
2307
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
380)
A
BILL
FOR
An
Act
relating
to
the
sealing
of
juvenile
delinquency
records.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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2307
Section
1.
Section
232.150,
subsection
1,
paragraph
a,
1
unnumbered
paragraph
1,
Code
2011,
is
amended
to
read
as
2
follows:
3
Upon
application
of
The
court,
on
its
own
motion,
shall
4
schedule
a
hearing
to
be
held
two
years
after
the
date
of
the
5
last
official
action,
or
the
date
the
child
becomes
eighteen
6
years
of
age,
whichever
is
later,
in
a
case
of
a
person
who
7
was
taken
into
custody
for
a
delinquent
act
or
was
the
subject
8
of
a
complaint
alleging
delinquency
or
was
the
subject
of
a
9
delinquency
petition,
or
upon
the
court’s
own
motion,
the
10
court,
after
hearing,
shall
order
and
order,
if
there
is
no
11
objection
from
the
county
attorney,
the
official
juvenile
court
12
records
in
the
case
including
those
specified
in
sections
13
232.147
and
232.149
sealed
if
the
court
finds
all
of
the
14
following:
15
Sec.
2.
Section
232.150,
subsection
1,
paragraph
a,
16
subparagraph
(1),
Code
2011,
is
amended
by
striking
the
17
subparagraph.
18
Sec.
3.
Section
692.16,
Code
2011,
is
amended
to
read
as
19
follows:
20
692.16
Review
and
removal.
21
At
least
every
year
the
division
shall
review
and
determine
22
the
current
status
of
all
Iowa
arrests
or
takings
into
custody
23
reported,
which
are
at
least
four
years
old
with
no
disposition
24
data.
25
1.
Any
Iowa
arrest
or
taking
of
a
juvenile
into
custody
26
of
a
person
eighteen
years
of
age
or
older
recorded
within
27
a
computer
data
storage
system
which
has
no
disposition
28
data
after
four
years
shall
be
removed
unless
there
is
an
29
outstanding
arrest
warrant
or
detainer
on
such
charge.
30
2.
Any
arrest
or
taking
of
a
juvenile
into
custody
recorded
31
within
a
computer
data
storage
system
which
has
no
disposition
32
data
after
two
years
shall
be
removed
unless
there
is
an
33
outstanding
arrest
warrant
or
detainer
on
such
charge.
34
EXPLANATION
35
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S.F.
2307
This
bill
relates
to
the
sealing
of
juvenile
delinquency
1
records.
2
The
bill
provides
that
the
court,
on
its
own
motion,
shall
3
schedule
a
hearing
two
years
after
the
date
of
the
last
4
official
action
in
a
juvenile
delinquency
case,
or
after
the
5
date
the
child
becomes
18
years
of
age,
whichever
is
later,
and
6
order,
if
there
is
no
objection
from
the
county
attorney,
that
7
the
delinquency
records
be
sealed.
8
In
order
for
juvenile
records
to
be
sealed,
current
9
provisions
and
the
bill
require
that
the
juvenile
has
not
10
committed
any
subsequent
criminal
violations
greater
than
a
11
simple
misdemeanor
and
that
the
juvenile
has
successfully
12
completed
any
youthful
offender
placement.
13
The
bill
also
accelerates
the
removal
of
juvenile
records
14
stored
within
the
computer
data
storage
system
of
the
15
department
of
public
safety.
The
bill
requires
the
department
16
of
public
safety
to
remove
the
records
from
the
computer
17
data
storage
system
of
the
department
that
relate
to
a
18
juvenile
arrest
or
the
taking
of
a
juvenile
into
custody
if
19
no
disposition
data
has
been
recorded
within
two
years
of
the
20
arrest
or
taking
into
custody,
unless
there
is
an
outstanding
21
arrest
warrant
or
detainer
for
the
juvenile.
Current
law
22
requires
the
arrest
or
taking
into
custody
information
for
a
23
juvenile
information
be
removed
from
the
computer
data
storage
24
system
of
the
department
of
public
safety
if
no
disposition
25
data
has
been
recorded
within
four
years
of
the
arrest
or
26
taking
into
custody.
27
Code
section
692.1
defines
“disposition
data”
to
mean
28
information
pertaining
to
a
recorded
court
proceeding
29
subsequent
and
incidental
to
a
public
offense
arrest
and
30
includes
dismissal
of
the
charge,
suspension
or
deferral
of
31
sentence.
32
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