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PAG LIN 1 1 Section 1. Section 232.2, subsection 12, Code Supplement 1 2 1995, is amended by adding the following new paragraph: 1 3 NEW PARAGRAPH. c. The violation of the statutory 1 4 compulsory attendance age requirement or the attendance policy 1 5 of a public or an accredited nonpublic school by a child who 1 6 has reached the age of twelve and is under the age of eighteen 1 7 and who has run away from home to avoid attending school or is 1 8 refusing to attend school, or who has been deemed truant under 1 9 section 299.8 six or more school days in one semester, where 1 10 the child's parent, guardian, or legal or actual custodian and 1 11 the school in which the child is enrolled have made every 1 12 reasonable effort to cause the child to attend school. This 1 13 provision shall not apply to a child attending a nonaccredited 1 14 nonpublic school or receiving competent private instruction. 1 15 Sec. 2. NEW SECTION. 232.52B DISPOSITION OF DELINQUENT 1 16 TRUANTS. 1 17 Notwithstanding section 232.52, if the evidence received at 1 18 an adjudicatory or dispositional hearing indicates that the 1 19 child is a delinquent truant as provided under section 232.2, 1 20 subsection 12, paragraph "c", the court shall order the child 1 21 to perform unpaid community service at a nonprofit 1 22 organization exempt from federal income taxation under section 1 23 501(c)(3) of the Internal Revenue Code. If the child fails to 1 24 perform the unpaid community service as ordered under this 1 25 section, the court may modify the order to include any of the 1 26 dispositional alternatives in section 232.52, with the 1 27 exception of secure custody. 1 28 Sec. 3. Section 299.1B, Code 1995, is amended to read as 1 29 follows: 1 30 299.1B FAILURE TO ATTEND – LOSS OF DRIVER'S LICENSE. 1 31 A person who does not attend a public school, an accredited 1 32 nonpublic school, competent private instruction in accordance 1 33 with the provisions of chapter 299A, or an alternative school,1 34adult education classes, or who is not employed at least1 35twenty hours per weekshall not receive a motor vehicle 2 1 operator's license until age eighteen. A person under age 2 2 eighteen who has been issued a motor vehicle operator's 2 3 license who does not attend a public school, an accredited 2 4 nonpublic school, competent private instruction in accordance 2 5 with the provisions of chapter 299A, or an alternative school,2 6or adult education classes,shall surrender the license and be 2 7 issued a temporary restricted license under section 321.215. 2 8 Sec. 4. Section 299.5A, unnumbered paragraphs 1 and 5, 2 9 Code 1995, are amended to read as follows: 2 10 If a child is truant as defined in section 299.8, school 2 11 officers shall attempt to find the cause for the child's 2 12 absence and use every means available to the school to assure 2 13 that the child does attend. If the parent, guardian, or legal 2 14 or actual custodian, or child refuses to accept the school's 2 15 attempt to assure the child's attendance or the school's 2 16 attempt to assure the child's attendance is otherwise 2 17 unsuccessful, the truancy officer shall refer the matter to 2 18 the county attorney who shall provide for mediation or 2 19 prosecution. 2 20 The mediatormayshall refer a truant to the juvenile court 2 21 if mediation breaks down without an agreement being reached. 2 22 Sec. 5. Section 299.6, unnumbered paragraph 1, Code 1995, 2 23 is amended to read as follows: 2 24AnyA person who violates a mediation agreement under 2 25 section 299.5A, who is referred for prosecution under section 2 26 299.5A and is convicted of a violation of any of the 2 27 provisions of sections 299.1 through 299.5, who violates any 2 28 of the provisions of sections 299.1 through 299.5 or section 2 29 299.17, or who refuses to participate in mediation under 2 30 section 299.5A, for a first offense, is guilty of a simple 2 31 misdemeanor. 2 32 Sec. 6. NEW SECTION. 299.6A CIVIL PENALTY – 2 33 DISTRIBUTION OF FUNDS. 2 34 1. In lieu of proceeding under section 299.6, a county 2 35 attorney may bring a civil action against a parent, guardian, 3 1 or legal or actual custodian of a child who is of compulsory 3 2 attendance age if the child is under the age of twelve and is 3 3 truant, and if the parent, guardian, or legal or actual 3 4 custodian has failed to cause the child to attend a public 3 5 school, an accredited nonpublic school, or competent private 3 6 instruction in the manner provided in this chapter. If the 3 7 court finds that the parent, guardian, or legal or actual 3 8 custodian has failed to cause the child to attend as required 3 9 in this section, the court shall assess a civil penalty of not 3 10 less than one hundred but not more than one thousand dollars, 3 11 for each violation established. 3 12 2. Funds received from civil penalties assessed pursuant 3 13 to this section shall be paid to the office of the county 3 14 attorney that brought the action. 3 15 Sec. 7. NEW SECTION. 299.17 AID, SUPPORT, OR SHELTER OF 3 16 TRUANT PROHIBITED. 3 17 A person, other than a child's parent, guardian, legal or 3 18 actual custodian, shall not knowingly provide aid, support, or 3 19 shelter during the school day to a child who is truant as 3 20 defined in section 299.8. 3 21 Sec. 8. Section 708.1, unnumbered paragraph 3, Code 3 22 Supplement 1995, is amended to read as follows: 3 23 Provided, that where the person doing any of the above 3 24 enumerated acts is employed by a school district or accredited 3 25 nonpublic school, or is an area education agency staff member 3 26 who provides services to a school or school district, and 3 27 intervenes in a fight or physical struggle, or other 3 28 disruptive situation, that takes place in the presence of the 3 29 employee or staff member performing employment duties in a 3 30 school building, on school grounds, or at an official school 3 31 function regardless of the location, the act shall not be an 3 32 assault, whether the fight or physical struggle or other 3 33 disruptive situation is between students or other individuals, 3 34 if the degree and the force of the interventionisare 3 35 reasonably necessary to restore order and to protect the 4 1 safety of those assembled. In addition, a person who is not a 4 2 school district or accredited nonpublic school employee or 4 3 area education agency staff member and who, in the absence of 4 4 such an employee or staff member or at the request of such an 4 5 employee or staff member, intervenes in a fight or physical 4 6 struggle, or other disruptive situation, occurring in a school 4 7 building, on school grounds, or at an official school function 4 8 regardless of the location, does not commit assault, whether 4 9 the fight or physical struggle or other disruptive situation 4 10 is between students or other individuals, if the degree and 4 11 the force of the intervention are reasonably necessary to 4 12 restore order and to protect the safety of those assembled. 4 13 However, a person who intervenes in the absence of such an 4 14 employee or staff member shall report the intervention and all 4 15 relevant information surrounding it as soon as reasonably 4 16 possible to such an employee or staff member. 4 17 Sec. 9. Section 710.8, subsection 2, Code 1995, is amended 4 18 to read as follows: 4 19 2. A person shall not harbor a runaway child with the in- 4 20 tent of committing a criminal act involving the child or with 4 21 the intent of enticing or forcing the runaway child to commit 4 22 a criminal act. A person convicted of a violation of this 4 23 subsection is guilty of an aggravated misdemeanor. 4 24 Sec. 10. Section 710.8, subsection 3, Code 1995, is 4 25 amended by striking the subsection and inserting in lieu 4 26 thereof the following: 4 27 3. A person other than a child's parent, guardian, legal 4 28 or actual custodian shall not harbor a runaway child. A 4 29 person convicted of a violation of this subsection is guilty 4 30 of a simple misdemeanor. 4 31 Sec. 11. Section 805.8, Code Supplement 1995, is amended 4 32 by adding the following new subsection: 4 33 NEW SUBSECTION. 12. TRUANCY VIOLATION. For a violation 4 34 of chapter 299 by a child who has reached the age of twelve 4 35 and is under the age of eighteen, the scheduled fine is 5 1 twenty-five dollars, and is a civil penalty, and the criminal 5 2 penalty surcharge under section 911.2 shall not be added to 5 3 the penalty, and the court costs pursuant to section 805.9, 5 4 subsection 6, shall not be imposed. If the civil penalty 5 5 assessed for a violation of chapter 299 is not paid in a 5 6 timely manner, a citation shall be issued for the violation in 5 7 the manner provided in section 804.1. However, a person under 5 8 age eighteen shall not be detained in a secure facility for 5 9 failure to pay the civil penalty. The complainant shall not 5 10 be charged a filing fee. 5 11 For failing to pay the civil penalty provided under this 5 12 subsection, the scheduled fine is twenty-five dollars. 5 13 Failure to pay the scheduled fine shall not result in the 5 14 person being detained in a secure facility. The complainant 5 15 shall not be charged a filing fee. 5 16 Sec. 12. IMPLEMENTATION OF ACT. Section 25B.2, subsection 5 17 3, shall not apply to this Act. 5 18 EXPLANATION 5 19 The bill provides penalties for providing aid, support, or 5 20 shelter to runaway or truant children, establishes civil 5 21 penalties for children and their parents or guardians for 5 22 violation of the truancy laws, makes certain truancy 5 23 violations a delinquent act, and provides immunity from 5 24 assault charges for the use of force by a person to stop a 5 25 fight or disturbance at a school or school function. 5 26 The bill provides that a child commits a delinquent act if 5 27 the child is between the ages of 12 and 18, is in violation of 5 28 the statutory compulsory attendance age requirement or the 5 29 attendance policy of a public or an accredited nonpublic 5 30 school, and has run away from home to avoid attending school 5 31 or is refusing to attend school, or has been deemed truant 5 32 under section 299.8 six or more school days in one semester, 5 33 where the child's parent, guardian, or legal or actual 5 34 custodian and the school in which the child is enrolled have 5 35 made every reasonable effort to cause the child to attend 6 1 school. The provision does not apply to a child attending a 6 2 nonaccredited nonpublic school or receiving competent private 6 3 instruction. 6 4 If the evidence received at an adjudicatory or 6 5 dispositional hearing indicates that the child is a delinquent 6 6 truant, the court shall order the child to perform unpaid 6 7 community service at a nonprofit organization. If the child 6 8 fails to perform the unpaid community service as ordered by 6 9 the court, the court may modify the order to include any of 6 10 the dispositional alternatives in section 232.52, with the 6 11 exception of secure custody. 6 12 A person other than the child's parent, guardian, or legal 6 13 or actual custodian shall not knowingly provide aid, support, 6 14 or shelter during the school day to a child who is truant. A 6 15 person who violates this provision is guilty of a simple 6 16 misdemeanor. 6 17 The bill also prohibits a person from harboring a runaway 6 18 and establishes that a person convicted of harboring a runaway 6 19 is guilty of a simple misdemeanor. The Code defines a runaway 6 20 child as a person under 18 years of age who is voluntarily 6 21 absent from the person's home without the consent of the 6 22 parent, guardian, or custodian. 6 23 The bill also permits a county attorney to, in lieu of 6 24 fine, imprisonment, or community service under section 299.6, 6 25 bring a civil action against a parent, guardian, or legal or 6 26 actual custodian of a child who is of compulsory attendance 6 27 age if the child is under the age of 12 and is truant, if the 6 28 parent, guardian, or legal or actual custodian has failed to 6 29 cause the child to attend a public school, an accredited 6 30 nonpublic school, or competent private instruction. If the 6 31 court finds that the parent, guardian, or legal or actual 6 32 custodian has failed to cause the child to attend as required 6 33 in this section, the court shall assess a civil penalty of at 6 34 least $100, but not more than $1,000, for each violation 6 35 established. 7 1 The bill establishes a scheduled penalty of $25 for a 7 2 violation of chapter 299 by a child at least age 12 but under 7 3 age 18 and an additional $25 fine if the civil penalty 7 4 assessed for violation of chapter 299 is not paid in a timely 7 5 manner. 7 6 If a truancy officer refers a truancy matter to the county 7 7 attorney, the county attorney is required to take action under 7 8 the bill. The bill also requires a truancy officer to refer a 7 9 truant to juvenile court if mediation breaks down. 7 10 Current law permits an individual who is deemed truant but 7 11 who is attending adult education or working at least 20 hours 7 12 a week to retain their driver's license. The bill removes 7 13 this exception and requires surrender of the license until age 7 14 18. 7 15 The bill also provides that a person who is not an employee 7 16 of a school or an area education agency staff member does not 7 17 commit an assault when forcibly intervening in a fight or 7 18 other disturbance at a school or school function under certain 7 19 circumstances. A person who intervenes to stop a fight or 7 20 other disturbance at the school or at a school function does 7 21 not commit an assault if the intervention is necessary due to 7 22 the absence of an employee or staff member or at the request 7 23 of an employee or staff member and the force used in the 7 24 intervention is reasonably necessary to restore order and 7 25 protect others. The person is required to notify a school 7 26 employee or staff member as soon as reasonably possible after 7 27 the intervention. 7 28 The bill may create a state mandate as defined in section 7 29 25B.3. The bill makes inapplicable section 25B.2, subsection 7 30 3, which would relieve a political subdivision from complying 7 31 with a state mandate if funding for the cost of the state 7 32 mandate is not provided or specified. Therefore, political 7 33 subdivisions are required to comply with any state mandate in 7 34 this bill. 7 35 LSB 4265XC 76 8 1 kh/jw/5
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