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PAG LIN 1 1 Section 1. Section 123.47B, Code 1997, is amended to read 1 2 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 1997, is amended to read as 1 27 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 1997, is 2 17 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 1997, 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 1997, 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 1997, 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 1997, 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. However, this section shall not 4 32 apply to a shelter home licensed or approved by the department 4 33 of human services or any other person providing shelter care 4 34 to the child pursuant to a court order. 4 35 Sec. 10. Section 708.1, unnumbered paragraph 3, Code 1997, 5 1 is amended to read as follows: 5 2 Provided, that where the person doing any of the above 5 3 enumerated acts is employed by a school district or accredited 5 4 nonpublic school, or is an area education agency staff member 5 5 who provides services to a school or school district, and 5 6 intervenes in a fight or physical struggle, or other 5 7 disruptive situation, that takes place in the presence of the 5 8 employee or staff member performing employment duties in a 5 9 school building, on school grounds, or at an official school 5 10 function regardless of the location, the act shall not be an 5 11 assault, whether the fight or physical struggle or other 5 12 disruptive situation is between students or other individuals, 5 13 if the degree and the force of the interventionisare 5 14 reasonably necessary to restore order and to protect the 5 15 safety of those assembled. In addition, a person who is not a 5 16 school district or accredited nonpublic school employee or 5 17 area education agency staff member and who, in the absence of 5 18 such an employee or staff member or at the request of such an 5 19 employee or staff member, intervenes in a fight or physical 5 20 struggle, or other disruptive situation, occurring in a school 5 21 building, on school grounds, or at an official school function 5 22 regardless of the location, does not commit assault, whether 5 23 the fight or physical struggle or other disruptive situation 5 24 is between students or other individuals, if the degree and 5 25 the force of the intervention are reasonably necessary to 5 26 restore order and to protect the safety of those assembled. 5 27 However, a person who intervenes in the absence of such an 5 28 employee or staff member shall report the intervention and all 5 29 relevant information surrounding it as soon as reasonably 5 30 possible to such an employee or staff member. 5 31 Sec. 11. Section 710.8, subsection 2, Code 1997, is 5 32 amended to read as follows: 5 33 2. A person shall not harbor a runaway child with the 5 34 intent of committing a criminal act involving the child or 5 35 with the intent of enticing or forcing the runaway child to 6 1 commit a criminal act. A person convicted of a violation of 6 2 this subsection is guilty of an aggravated misdemeanor. 6 3 Sec. 12. Section 710.8, subsections 3 and 4, Code 1997, 6 4 are amended by striking the subsections and inserting in lieu 6 5 thereof the following: 6 6 3. A person other than a child's parent, guardian, legal 6 7 or actual custodian shall not harbor a runaway child. 6 8 However, the provisions of this subsection do not apply to a 6 9 shelter care home licensed or approved by the department of 6 10 human services or any other person providing shelter care to 6 11 the child pursuant to a court order. A person convicted of a 6 12 violation of this subsection is guilty of a simple 6 13 misdemeanor. 6 14 Sec. 13. Section 805.8, Code 1997, is amended by adding 6 15 the following new subsection: 6 16 NEW SUBSECTION. 13. TRUANCY VIOLATION. For a violation 6 17 of chapter 299 by a child who has reached the age of twelve 6 18 and is under the age of eighteen, the scheduled fine is 6 19 twenty-five dollars, and is a civil penalty, and the criminal 6 20 penalty surcharge under section 911.2 shall not be added to 6 21 the penalty, and the court costs pursuant to section 805.9, 6 22 subsection 6, shall not be imposed. If the civil penalty 6 23 assessed for a violation of chapter 299 is not paid in a 6 24 timely manner, a citation shall be issued for the violation in 6 25 the manner provided in section 804.1. However, a person under 6 26 age eighteen shall not be detained in a secure facility for 6 27 failure to pay the civil penalty. The complainant shall not 6 28 be charged a filing fee. 6 29 For failing to pay the civil penalty provided under this 6 30 subsection, the scheduled fine is twenty-five dollars. 6 31 Failure to pay the scheduled fine shall not result in the 6 32 person being detained in a secure facility. The complainant 6 33 shall not be charged a filing fee. 6 34 Sec. 14. IMPLEMENTATION OF ACT. Section 25B.2, subsection 6 35 3, shall not apply to this Act. 7 1 EXPLANATION 7 2 The bill provides penalties for providing aid, support, or 7 3 shelter to runaway or truant children, establishes civil 7 4 penalties for children and their parents or guardians for 7 5 violation of the truancy laws, provides that a complaint 7 6 alleging that a child has committed a delinquent act is a 7 7 public record, and provides immunity from assault charges for 7 8 the use of force by a person to stop a fight or disturbance at 7 9 a school or school function. The bill also provides that 7 10 public and nonpublic school officials are to be notified by a 7 11 juvenile court officer when a juvenile has been discovered to 7 12 be in possession of alcohol or drugs, even if the juvenile is 7 13 not taken into custody. 7 14 The bill amends the Code's current compulsory attendance 7 15 provision to provide that the compulsory attendance age for a 7 16 child begins at less than six years of age if the child is 7 17 enrolled in kindergarten, unless the parent or guardian 7 18 provides a written request to withdraw the child from school. 7 19 A person other than the child's parent, guardian, or legal 7 20 or actual custodian shall not knowingly provide aid, support, 7 21 or shelter during the school day to a child who is truant. A 7 22 person who violates this provision is guilty of a simple 7 23 misdemeanor. 7 24 The bill also prohibits a person from harboring a runaway 7 25 and establishes that a person convicted of harboring a runaway 7 26 is guilty of a simple misdemeanor. The Code defines a runaway 7 27 child as a person under 18 years of age who is voluntarily 7 28 absent from the person's home without the consent of the 7 29 parent, guardian, or custodian. 7 30 The bill also permits a county attorney to, in lieu of 7 31 fine, imprisonment, or community service under Code section 7 32 299.6, bring a civil action against a parent, guardian, or 7 33 legal or actual custodian of a child who is of compulsory 7 34 attendance age if the child is under the age of 12 and is 7 35 truant, if the parent, guardian, or legal or actual custodian 8 1 has failed to cause the child to attend a public school, an 8 2 accredited nonpublic school, or competent private instruction. 8 3 If the court finds that the parent, guardian, or legal or 8 4 actual custodian has failed to cause the child to attend as 8 5 required in this section, the court shall assess a civil 8 6 penalty of at least $100, but not more than $1,000, for each 8 7 violation established. 8 8 The bill establishes a scheduled penalty of $25 for a 8 9 violation of chapter 299 by a child at least age 12 but under 8 10 age 18 and an additional $25 fine if the civil penalty 8 11 assessed for violation of chapter 299 is not paid in a timely 8 12 manner. 8 13 If a truancy officer refers a truancy matter to the county 8 14 attorney, the county attorney is required to take action under 8 15 the bill. The bill also requires a truancy officer to refer a 8 16 truant to juvenile court if mediation breaks down. 8 17 Current law permits an individual who is deemed truant but 8 18 who is attending adult education or working at least 20 hours 8 19 a week to retain their driver's license. The bill removes 8 20 this exception and requires surrender of a license or permit 8 21 until age 18. 8 22 The bill also provides that a person who is not an employee 8 23 of a school or an area education agency staff member does not 8 24 commit an assault when forcibly intervening in a fight or 8 25 other disturbance at a school or school function under certain 8 26 circumstances. A person who intervenes to stop a fight or 8 27 other disturbance at the school or at a school function does 8 28 not commit an assault if the intervention is necessary due to 8 29 the absence of an employee or staff member or at the request 8 30 of an employee or staff member and the force used in the 8 31 intervention is reasonably necessary to restore order and 8 32 protect others. The person is required to notify a school 8 33 employee or staff member as soon as reasonably possible after 8 34 the intervention. 8 35 The bill may create a state mandate as defined in section 9 1 25B.3. The bill makes inapplicable section 25B.2, subsection 9 2 3, which would relieve a political subdivision from complying 9 3 with a state mandate if funding for the cost of the state 9 4 mandate is not provided or specified. Therefore, political 9 5 subdivisions are required to comply with any state mandate in 9 6 this bill. 9 7 LSB 1567SS 77 9 8 kh/jj/8
Text: SF00167 Text: SF00169 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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