A number of new of changed laws passed by the Iowa Legislature during its 2016 session and signed by Gov. Terry Branstad will take effect Friday.
One of those laws is SF 2288, which makes more juvenile records confidential. Jasper County Attorney Mike Jacobsen clarified some aspects of this law, which will make it tougher to find out background information on juveniles, but will also not tie adults as strongly to their pasts.
“The law will make almost all juvenile-delinquency (criminal) cases confidential and not a public record,” Jacobsen said. “I have advised law enforcement similarly as to what they can disclose to the press and the public.”
Jacobsen said delinquency proceedings are public hearings and will remain open to the public unless a judge closes a hearing upon request. He anticipates defense attorneys will routinely request closed hearings to prevent information from now-confidential records from being disclosed in court.
Open cases that were considered public on June 30 will be considered confidential on July 1.
“I don’t know how (each) court might rule in those cases,” Jacobsen said.
Government agencies, parents and guardians of accused minors, school superintendents or their designees and alleged victims of the delinquent act will still have access to these records, but the general public and media will not have access.
An exception is made for cases that allege a forcible felony. Records for these cases will still be open to the public.
Records can also be released to the public if the whereabouts of a juvenile are unknown and their safety is in question.
Here are some of the other Iowa laws going into effect as of Friday:
SF 453: Allows greater patient access to medical services through "telehealth," or health communications done by computer or phone.
“Telehealth is a critical component to ensuring access to health care in all parts of Iowa, including access to pharmacy services,” said Brett Altman, President and CEO of Skiff Medical Center. “Telehealth can be used across a large number of applications in health care to deliver care at a lower cost while simultaneously improving quality.”
HF 2278: Establishes an office within the Department of Public Safety to oversee and coordinate efforts to combat human trafficking and also extend the statute of limitations for kidnapping and trafficking.
SF 2218: Allows emergency medical professionals to obtain a supply of opioid antagonists (such as Narcan), to be administered in the event of a drug overdose.
“Emergency medical services staff are on the front lines of the growing epidemic of opioid abuse and overdosing occurring across the nation and in Iowa,” Altman said. “It is important to arm these first responders with the tools they need to save lives.”
HF 493: Prohibits cities or counties from enacting ordinances that penalize a resident who calls for emergency assistance if the person who made the call reasonably believes it was necessary.
SF 2301: Allows tax-exempt, nonprofit organizations to open and contribute to 529 college savings plans for individual beneficiaries.
HF 2279: Makes Iowa the 42nd state to allow the sale, use and possession and sale of firearm suppressors.
HF 2385: Establishes fine penalties of as much as $3,000 for illegal dumping, including $1,000 for a first offense.
HF 2283: Establishes the conditions where a person can legally possess a firearm while out on a snowmobile or all-terrain vehicle.
HF 2401: Creates a separate set of felonies for anyone attempting to fraudulently obtain a credit card in the name of a minor.
HF 2420: Calls for the Iowa Department of Justice to carry out a plan to survey the number and nature of untested sexual abuse evidence collection kits around the state.
HF 2437: Changes rules for minors and driving privileges, most notably allowing for cell-phone usage if the hardware is permanently installed in a vehicle as well as addressing conditions for the number of passengers in a vehicle and the destinations permitted.
HF 2266: Ensures unclaimed cremated remains of a military veteran get a proper burial at a state or federal veterans cemetery.
HF 2064: Creates a new offense of third-degree robbery as an aggravated misdemeanor for crimes that don't rise to the existing felony categories and extends the statute of limitations for child endangerment.
HF 2185: Creates a new crime for "peeping toms," prohibiting viewing, photographing or videotaping people who have a reasonable expectation of privacy.
Contact Jason W. Brooks at 641-792-3121 ext. 6532 or jbrooks@newtondailynews.com