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Text: SF00378                           Text: SF00380
Text: SF00300 - SF00399                 Text: SF Index
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Senate File 379

Partial Bill History

Bill Text

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 of this section
  1 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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