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PAG LIN 1 1 Section 1. Section 123.47B, Code Supplement 1995, is 1 2 amended to read as follows: 1 3 123.47B PARENTAL AND SCHOOL NOTIFICATION – PERSONS UNDER 1 4 EIGHTEEN YEARS OF AGE. 1 5 A peace officer shall make a reasonable effort to identify 1 6 a person under the age of eighteen discovered to be in 1 7 possession of alcoholic liquor, wine, or beer in violation of 1 8 section 123.47 and if the person is not referred to juvenile 1 9 court, the law enforcement agency of which the peace officer 1 10 is an employee shall make a reasonable attempt to notify the 1 11 person's custodial parent or legal guardian of such 1 12 possession, whether or not the person is arrested or a 1 13 citation is issued pursuant to section 805.16, unless the 1 14 officer has reasonable grounds to believe that such 1 15 notification is not in the best interests of the person or 1 16 will endanger that person.If the person is taken into1 17custody, theThe peace officer shall also notify a juvenile 1 18 court officer who shall make a reasonable effort to identify 1 19 the elementary or secondary school the person attends, if any, 1 20 and to notify the superintendent of the school district or the 1 21 superintendent's designee, or the authorities in charge of the 1 22 nonpublic school of thetaking into custodyviolation of 1 23 section 123.47. A reasonable attempt to notify the person 1 24 includes but is not limited to a telephone call or notice by 1 25 first-class mail. 1 26 Sec. 2. Section 124.415, Code Supplement 1995, is amended 1 27 to read as follows: 1 28 124.415 PARENTAL AND SCHOOL NOTIFICATION – PERSONS UNDER 1 29 EIGHTEEN YEARS OF AGE. 1 30 A peace officer shall make a reasonable effort to identify 1 31 a person under the age of eighteen discovered to be in 1 32 possession of a controlled substance, counterfeit substance, 1 33 or simulated controlled substance in violation of this 1 34 chapter, and if the person is not referred to juvenile court, 1 35 the law enforcement agency of which the peace officer is an 2 1 employee shall make a reasonable attempt to notify the 2 2 person's custodial parent or legal guardian of such 2 3 possession, whether or not the person is arrested, unless the 2 4 officer has reasonable grounds to believe that such 2 5 notification is not in the best interests of the person or 2 6 will endanger that person.If the person is taken into2 7custody, theThe peace officer shall also notify a juvenile 2 8 court officer who shall make a reasonable effort to identify 2 9 the elementary or secondary school the person attends, if any, 2 10 and to notify the superintendent of the school district, the 2 11 superintendent's designee, or the authorities in charge of the 2 12 nonpublic school of thetaking into custodypossession by the 2 13 person under the age of eighteen. A reasonable attempt to 2 14 notify the person includes but is not limited to a telephone 2 15 call or notice by first-class mail. 2 16 Sec. 3. Section 232.28, subsection 10, Code Supplement 2 17 1995, is amended to read as follows: 2 18 10. A complaint filed with the court or its designee 2 19 pursuant to this section which alleges that a child has 2 20 committed a delinquent actwhich if committed by an adult2 21would be an aggravated misdemeanor or a felonyshall be a 2 22 public record and shall not be confidential under section 2 23 232.147. The court, its designee, or law enforcement 2 24 officials are authorized to release the complaint, including 2 25 the identity of the child named in the complaint. 2 26 Sec. 4. Section 299.1A, Code 1995, is amended to read as 2 27 follows: 2 28 299.1A COMPULSORY ATTENDANCE AGE. 2 29 A child who has reached the age of six and is under sixteen 2 30 years of age by September 15 is of compulsory attendance age. 2 31 However, once a child of less than six years of age has been 2 32 enrolled in kindergarten in a school district or an accredited 2 33 nonpublic school, the compulsory age of attendance for the 2 34 child begins at the age at which the child is enrolled, unless 2 35 the child is withdrawn from the school of enrollment upon the 3 1 written request of the child's parent or guardian. 3 2 Sec. 5. Section 299.1B, Code 1995, is amended to read as 3 3 follows: 3 4 299.1B FAILURE TO ATTEND – LOSS OF DRIVER'S LICENSE. 3 5 A person who does not attend a public school, an accredited 3 6 nonpublic school, competent private instruction in accordance 3 7 with the provisions of chapter 299A, or an alternative school,3 8adult education classes, or who is not employed at least3 9twenty hours per weekshall not receive a motor vehicle 3 10 operator's license or a temporary restricted license or permit 3 11 until age eighteen. A person under age eighteen who has been 3 12 issued a motor vehicle operator's licensewhoshall surrender 3 13 the license if the person does not attend a public school, an 3 14 accredited nonpublic school, competent private instruction in 3 15 accordance with the provisions of chapter 299A, or an 3 16 alternative school, or adult education classes, shall3 17surrender the licenseand shall not be issued a temporary 3 18 restricted license under section 321.215. 3 19 Sec. 6. Section 299.5A, unnumbered paragraphs 1 and 5, 3 20 Code 1995, are amended to read as follows: 3 21 If a child is truant as defined in section 299.8, school 3 22 officers shall attempt to find the cause for the child's 3 23 absence and use every means available to the school to assure 3 24 that the child does attend. If the parent, guardian, or legal 3 25 or actual custodian, or child refuses to accept the school's 3 26 attempt to assure the child's attendance or the school's 3 27 attempt to assure the child's attendance is otherwise 3 28 unsuccessful, the truancy officer shall refer the matter to 3 29 the county attorney who shall provide for mediation or 3 30 prosecution. 3 31 The mediatormayshall refer a truant to the juvenile court 3 32 if mediation breaks down without an agreement being reached. 3 33 Sec. 7. Section 299.6, unnumbered paragraph 1, Code 1995, 3 34 is amended to read as follows: 3 35AnyA person who violates a mediation agreement under 4 1 section 299.5A, who is referred for prosecution under section 4 2 299.5A and is convicted of a violation of any of the 4 3 provisions of sections 299.1 through 299.5, who violates any 4 4 of the provisions of sections 299.1 through 299.5 or section 4 5 299.17, or who refuses to participate in mediation under 4 6 section 299.5A, for a first offense, is guilty of a simple 4 7 misdemeanor. 4 8 Sec. 8. NEW SECTION. 299.6A CIVIL PENALTY – 4 9 DISTRIBUTION OF FUNDS. 4 10 1. In lieu of proceeding under section 299.6, a county 4 11 attorney may bring a civil action against a parent, guardian, 4 12 or legal or actual custodian of a child who is of compulsory 4 13 attendance age if the child is under the age of twelve and is 4 14 truant, and if the parent, guardian, or legal or actual 4 15 custodian has failed to cause the child to attend a public 4 16 school, an accredited nonpublic school, or competent private 4 17 instruction in the manner provided in this chapter. If the 4 18 court finds that the parent, guardian, or legal or actual 4 19 custodian has failed to cause the child to attend as required 4 20 in this section, the court shall assess a civil penalty of not 4 21 less than one hundred but not more than one thousand dollars, 4 22 for each violation established. 4 23 2. Funds received from civil penalties assessed pursuant 4 24 to this section shall be paid to the office of the county 4 25 attorney that brought the action. 4 26 Sec. 9. NEW SECTION. 299.17 AID, SUPPORT, OR SHELTER OF 4 27 TRUANT PROHIBITED. 4 28 A person, other than a child's parent, guardian, legal or 4 29 actual custodian, shall not knowingly provide aid, support, or 4 30 shelter during the school day to a child who is truant as 4 31 defined in section 299.8. 4 32 Sec. 10. Section 708.1, unnumbered paragraph 3, Code 4 33 Supplement 1995, is amended to read as follows: 4 34 Provided, that where the person doing any of the above 4 35 enumerated acts is employed by a school district or accredited 5 1 nonpublic school, or is an area education agency staff member 5 2 who provides services to a school or school district, and 5 3 intervenes in a fight or physical struggle, or other 5 4 disruptive situation, that takes place in the presence of the 5 5 employee or staff member performing employment duties in a 5 6 school building, on school grounds, or at an official school 5 7 function regardless of the location, the act shall not be an 5 8 assault, whether the fight or physical struggle or other 5 9 disruptive situation is between students or other individuals, 5 10 if the degree and the force of the interventionisare 5 11 reasonably necessary to restore order and to protect the 5 12 safety of those assembled. In addition, a person who is not a 5 13 school district or accredited nonpublic school employee or 5 14 area education agency staff member and who, in the absence of 5 15 such an employee or staff member or at the request of such an 5 16 employee or staff member, intervenes in a fight or physical 5 17 struggle, or other disruptive situation, occurring in a school 5 18 building, on school grounds, or at an official school function 5 19 regardless of the location, does not commit assault, whether 5 20 the fight or physical struggle or other disruptive situation 5 21 is between students or other individuals, if the degree and 5 22 the force of the intervention are reasonably necessary to 5 23 restore order and to protect the safety of those assembled. 5 24 However, a person who intervenes in the absence of such an 5 25 employee or staff member shall report the intervention and all 5 26 relevant information surrounding it as soon as reasonably 5 27 possible to such an employee or staff member. 5 28 Sec. 11. Section 710.8, subsection 2, Code 1995, is 5 29 amended to read as follows: 5 30 2. A person shall not harbor a runaway child with the 5 31 intent of committing a criminal act involving the child or 5 32 with the intent of enticing or forcing the runaway child to 5 33 commit a criminal act. A person convicted of a violation of 5 34 this subsection is guilty of an aggravated misdemeanor. 5 35 Sec. 12. Section 710.8, subsection 3, Code 1995, is 6 1 amended by striking the subsection and inserting in lieu 6 2 thereof the following: 6 3 3. A person other than a child's parent, guardian, legal 6 4 or actual custodian shall not harbor a runaway child. A 6 5 person convicted of a violation of this subsection is guilty 6 6 of a simple misdemeanor. 6 7 Sec. 13. Section 805.8, Code Supplement 1995, is amended 6 8 by adding the following new subsection: 6 9 NEW SUBSECTION. 12. TRUANCY VIOLATION. For a violation 6 10 of chapter 299 by a child who has reached the age of twelve 6 11 and is under the age of eighteen, the scheduled fine is 6 12 twenty-five dollars, and is a civil penalty, and the criminal 6 13 penalty surcharge under section 911.2 shall not be added to 6 14 the penalty, and the court costs pursuant to section 805.9, 6 15 subsection 6, shall not be imposed. If the civil penalty 6 16 assessed for a violation of chapter 299 is not paid in a 6 17 timely manner, a citation shall be issued for the violation in 6 18 the manner provided in section 804.1. However, a person under 6 19 age eighteen shall not be detained in a secure facility for 6 20 failure to pay the civil penalty. The complainant shall not 6 21 be charged a filing fee. 6 22 For failing to pay the civil penalty provided under this 6 23 subsection, the scheduled fine is twenty-five dollars. 6 24 Failure to pay the scheduled fine shall not result in the 6 25 person being detained in a secure facility. The complainant 6 26 shall not be charged a filing fee. 6 27 Sec. 14. IMPLEMENTATION OF ACT. Section 25B.2, subsection 6 28 3, shall not apply to this Act. 6 29 SF 2406 6 30 kh/cc/26
Text: SF02405 Text: SF02407 Text: SF02400 - SF02499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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