Text: SF00378 Text: SF00380 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 613.16, subsection 1, unnumbered 1 2 paragraph 1, Code 1995, is amended to read as follows: 1 3 The parent or parents of an unemancipated minor child under 1 4 the age of eighteen years shall be liable for actual damages 1 5 to person or property caused by unlawful acts of such child. 1 6 However, a parent who is not entitled to legal custody of the 1 7 minor child or the parent or parents of a minor child who is a 1 8 chronic runaway and who had run away from home at the time of 1 9 the unlawful act shall not be liable for such damages. 1 10 Sec. 2. Section 710.8, subsection 3, Code 1995, is amended 1 11 to read as follows: 1 12 3. A person convicted of a violation ofthis section1 13 subsection 2 is guilty of an aggravated misdemeanor. 1 14 Sec. 3. Section 710.8, Code 1995, is amended by adding the 1 15 following new subsections: 1 16 NEW SUBSECTION. 4. A person shall not harbor a runaway 1 17 child with the intent of allowing the runaway child to remain 1 18 away from home against the wishes of the child's parent, 1 19 guardian, or custodian. 1 20 NEW SUBSECTION. 5. A person convicted of a violation of 1 21 subsection 4 is guilty of the following: 1 22 a. For a first offense, a simple misdemeanor, punishable 1 23 by a fine only, notwithstanding section 903.1. 1 24 b. For a second offense, a serious misdemeanor, punishable 1 25 only by a fine which shall not be less than two hundred fifty 1 26 dollars or more than five hundred dollars, notwithstanding 1 27 section 903.1. 1 28 c. For a third or subsequent offense, a serious 1 29 misdemeanor, punishable only by a fine which shall not be less 1 30 than five hundred dollars or more than one thousand dollars, 1 31 notwithstanding section 903.1. 1 32 Sec. 4. NEW SECTION. 710.9A CHRONIC RUNAWAYS &endash; 1 33 DELINQUENT ACT &endash; EXCEPTIONS. 1 34 A minor who is a chronic runaway child, as defined in 1 35 section 710.8, commits a delinquent act. A complaint under 2 1 section 232.28 alleging that a minor has committed a 2 2 delinquent act under this section shall only be filed by the 2 3 parent, guardian, or custodian of the minor child. It is a 2 4 defense to a petition alleging delinquency under this section 2 5 that the minor was chronically absent from the minor's home to 2 6 escape sexual abuse, physical abuse, neglect, or criminal 2 7 activity by the minor's parent, guardian, or custodian. 2 8 EXPLANATION 2 9 This bill provides that the parents of a juvenile who 2 10 frequently runs away from home are not financially liable for 2 11 the acts of the juvenile while the juvenile has run away. 2 12 The bill also provides that a person who harbors a runaway 2 13 juvenile for the purpose of allowing the juvenile to remain 2 14 away from home against the wishes of the juvenile's parent, 2 15 guardian, or custodian commits a public offense. The 2 16 penalties for this new offense are a simple misdemeanor, 2 17 punishable by a fine only for a first offense, a serious 2 18 misdemeanor punishable by a fine of between $250 and $500 for 2 19 a second offense, and a serious misdemeanor punishable by a 2 20 fine of between $500 and $1,000 only for third and subsequent 2 21 offenses. 2 22 In addition, the bill makes it a delinquent act for a 2 23 juvenile to frequently run away from home. Under the bill, 2 24 only parents, guardians, or custodians may file a complaint 2 25 alleging a delinquent act under this provision. Also, it is a 2 26 defense to a chronic runaway complaint that the juvenile ran 2 27 away to escape physical abuse, sexual abuse, neglect, or 2 28 criminal activity by the juvenile's parent, guardian, or 2 29 custodian. 2 30 LSB 1917SS 76 2 31 mk/jj/8.1
Text: SF00378 Text: SF00380 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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