Bill Text: IA SF292 | 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. (See SF 434.)

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-03-01 - Subcommittee recommends amendment and passage. [SF292 Detail]

Download: Iowa-2017-SF292-Introduced.html

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Senate File 292 - Introduced




                                 SENATE FILE       
                                 BY  ZUMBACH

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