dangerous crimes against
children; drugs
SB 1284 is an omnibus bill relating to crime.
Setting aside adjudication.
· Adds absolute discharge as a requirement to have adjudication of delinquency set aside for an individual over the age of 18.
· Requires the court, or, alternatively, the Department of Juvenile Corrections (DJC) to inform an individual of the right to apply to have the adjudication of delinquency set aside.
· Allows a parole officer to apply to set aside adjudication if authorized in writing.
· Removes completion of probation as a condition applying to set aside the adjudication of delinquency.
· Requires absolute discharge from DJC to apply to set aside the adjudication of delinquency.
· Adds a provision that in order to apply to set aside adjudication the individual must have paid all restitution and monetary assessments in full.
Destruction of juvenile records.
· Allows a person to apply for the destruction of DJC records.
· Revises the specifications regarding which individuals may apply to have juvenile records in a case that did not result in adjudication of delinquency destroyed as follows:
1. Requires that the person be at least 18 years of age, rather than 19.
2. Stipulates that the person may not have been convicted of an offense for which a juvenile may be prosecuted as an adult and may not have been convicted for driving under the influence.
3. Provides that the person must have successfully completed all of the terms and conditions of court ordered probation or received an absolute discharge.
4. Specifies that the person must have paid all restitution and monetary assessments in full.
· Revises the specifications regarding which individuals may apply to have juvenile records in a case that resulted in adjudication of delinquency destroyed as follows:
1. Stipulates that the person may not have been convicted of an offense for which a juvenile may be prosecuted as an adult and may not have been convicted for driving under the influence.
2. Provides that the person must have successfully completed all of the terms and conditions of court ordered probation or received an absolute discharge.
3. Specifies that the person must have paid all restitution and monetary assessments in full.
Authorized disposition of offenders.
· Revises statutory language to require judges, when calculating the term of community service to decrease all fractions to the nearest month, except for a Class 5 or 6 felony.
Dangerous crimes against children.
·
Provides that any person who is at least 18 years of
age and who is convicted of administering flunitrazepam, gamma hydroxy butrate
or ketamine hydrochloride to a person under 18 years of age shall be sentenced
to a presumptive term of imprisonment for 20 years.
·
Revises the definition of dangerous crime against children to include the administration of
flunitrazepam, gamma hydroxy butrate or ketamine hydrochloride to a person
under the age of 18.
Stalking
·
Removes the factor of fear of physical injury from the
statutory definition of stalking.
·
Retains the currently existing language that
incorporates fear for a person’s safety and fear of death in the definition of
stalking.
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45th Legislature
First Regular Session 2 April
2, 2001
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