General Assembly: 76 (1996 Regular GA) - Chapter 1110 - Rights of victims of delinquent acts


Published: 1996-04-16

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CH. 1109 lAWS OF THE SEVENlY-SIXTH GA, 1996 SESSION

CHAPTER 1109 HEALTH CARE PEER REVIEW COMMITTEES

H.F.2061

240

AN ACf relating to the immunity from civil liability for health care peer review committee members.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 147.1, subsection 5, Code Supplement 1995, is amended by adding the following new paragraph:

NEW PARAGRAPH. f. A health care entity, including but not limited to a group medi- cal practice, that provides health care services and follows a formal peer review process for the purpose of furthering quality health care.

Approved April 16, 1996

CHAPTER 1110 RIGHTS OF VICTIMS OF DELINQUENT ACTS

S.F.2430

AN ACf requiring the juvenile court to provide certain information to a victim of a delinquent act committed by a juvenile.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 232.28, Code Supplement 1995, is amended by adding the follow- ing new subsection:

NEW SUBSECTION. 11. If a complaint is filed under this section, alleging a child has committed a delinquent act, the alleged victim may file a signed victim impact statement with the juvenile court containing the information specified for a victim impact statement under section 910A5. The victim impact statement shall be considered by the court and the juvenile court officer handling the complaint in any proceeding or informal adjust- ment associated with the complaint.

Sec. 2. NEW SECTION. 232.28A VICTIM RIGHTS. 1. If a complaint is filed alleging that a child has committed a delinquent act, the alleged

victim, as defined in section 910A 1, has all of the following rights: a. To be notified of the names and addresses of the child and of the child's custodial

parent or guardian. b. To be notified of the specific charge or charges filed in a petition resulting from the

complaint and regarding any dispositional orders or informal adjustments. c. To be informed of the person's rights to restitution under section 232.52 and chapter

232A. d. To be notified of the person's right to offer a victim impact statement under sections

232.28 and 910A5. e. To be informed of the availability of assistance through the crime victim compensa-

tion program under chapter 912. 2. The notification of the alleged victim shall be made by a juvenile court officer. The

juvenile court and the county attorney shall coordinate efforts so as to prevent a notifica- tion under this section from duplicating a notification by the county attorney under section 910A6.

241 LAWS OF THE SEVEN1Y-SIXTH GA., 1996 SESSION CH, 1111

Sec. 3. Section 232.147, Code Supplement 1995, is amended by adding the following new subsection:

NEW SUBSECTION. 9. Release of official juvenile court records to a victim of a delin- quent act are subject to the provisions of section 232.28A, notwithstanding contrary provi- sions of this chapter.

Sec. 4. Section 910A5, Code 1995, is amended by adding the following new unnum- bered paragraph:

NEW UNNUMBERED PARAGRAPH. If a complaint is filed under section 232.28, alleging a child has committed a delinquent act, the alleged victim may file a signed victim impact statement with the juvenile court as provided by section 232.28. The victim impact statement shall be considered by the court and the juvenile court officer handling the complaint in any proceeding or informal adjustment associated with the complaint.

Approved April 16, 1996

CHAPTER 1111 RIGHTS OF VICTIMS OF CRIMINAL ACTS AND RELATED MATTERS

H.F.2456

AN ACf relating to the rights of victims of criminal acts.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 331.653, Code Supplement 1995, is amended by adding the follow- ing new subsection:

NEW SUBSECTION. 65A Carry out the duties imposed under section 910A8.

Sec. 2. Section 331.756, Code Supplement 1995, is amended by adding the following new subsection:

NEW SUBSECTION. 83A Carry out the duties imposed under sections 910A2, 910A5, and 910A6.

Sec. 3. Section 904.108, subsection 6, Code 1995, is amended to read as follows: 6. The director or the director's designee, having probable cause to believe that a per-

son has escaped from a state correctional institution or a person convicted of a forcible felony who is released on work release has absconded from a work release facility, may make shall:

a. Make a complaint before a judge or magistrate. If it is determined from the complaint or accompanying affidavits that there is probable cause to believe that the person has escaped from a state correctional institution or that the forcible felon has absconded from a work release facility, the judge or magistrate shall issue a warrant for the arrest of the person.

b. Issue an announcement regarding the fact of the escape of the person or the abscondence of the forcible felon to the law enforcement authorities in, and to the news media covering, communities in a twenty-five mile radius of the point of escape or abscondence.

Sec. 4. Section 910A1, Code 1995, is amended by adding the following new subsec- tion:

NEW SUBSECTION. 1A. "Victim impact statement" means a written or oral