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Senate File 2406

Partial Bill History

Bill Text

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 into
  1 17 custody, the The 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 the taking into custody violation 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 into
  2  7 custody, the The 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 the taking into custody possession 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 act which if committed by an adult
  2 21 would be an aggravated misdemeanor or a felony shall 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  8 adult education classes, or who is not employed at least
  3  9 twenty hours per week shall 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 license who shall 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, shall
  3 17 surrender the license and 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 mediator may shall 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 35    Any A 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 intervention is are
  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
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