House Amendment 8061 PAG LIN 1 1 Amend House File 2338 as follows: 1 2 #1. Page 1, by inserting before line 1 the 1 3 following: 1 4 <Section 1. Section 232.2, subsection 12, Code 1 5 Supplement 2007, is amended by adding the following 1 6 new paragraph: 1 7 NEW PARAGRAPH. d. The violation of section 299.6 1 8 by a child ten years of age or older. 1 9 Sec. . Section 232.22, subsection 8, Code 2007, 1 10 is amended to read as follows: 1 11 8. Notwithstanding any other provision of the Code 1 12 to the contrary, a child shall not be placed in 1 13 detention for a violation of section 123.47 or 299.6, 1 14 or for failure to comply with a dispositional order 1 15 which provides for performance of community service 1 16 for a violation of section 123.47 or 299.6.> 1 17 #2. Page 1, by inserting after line 12 the 1 18 following: 1 19 <Sec. . Section 299.5A, unnumbered paragraph 4, 1 20 Code 2007, is amended to read as follows: 1 21 The school district shall be responsible for 1 22 monitoring any agreements arrived at through 1 23 mediation. If a parent, guardian, or legal or actual 1 24 custodian, or the child if the child is ten years of 1 25 age or older, refuses to engage in mediation or 1 26 violates a term of the agreement, the matter shall be 1 27 rereferred to the county attorney for prosecution 1 28 under section 299.6. The county attorney's office or 1 29 the mediation service shall require the parent, 1 30 guardian, or legal or actual custodian and the school 1 31 to pay a fee to help defray the administrative cost of 1 32 mediation services. The county attorney's office or 1 33 the mediation service shall establish a sliding scale 1 34 of fees to be charged parents, guardians, and legal or 1 35 actual custodians based upon ability to pay. A 1 36 parent, guardian, or legal or actual custodian shall 1 37 not be denied the services of a mediator solely 1 38 because of inability to pay the fee. 1 39 Sec. . Section 299.6, unnumbered paragraph 1, 1 40 Code 2007, is amended to read as follows: 1 41 Any person who violates a mediation agreement under 1 42 section 299.5A, who is referred for prosecution under 1 43 section 299.5A and is convicted of a violation of any 1 44 of the provisions of sections 299.1 through 299.5, who 1 45 violates any of the provisions of sections 299.1 1 46 through 299.5, or who refuses to participate in 1 47 mediation under section 299.5A, for a first offense, 1 48 is guilty of a simple misdemeanor. If a child ten 1 49 years of age or older violates a mediation agreement 1 50 under section 299.5A, or refuses to participate in 2 1 mediation under section 299.5A, the child commits a 2 2 delinquent act.> 2 3 #3. Title page, line 1, by inserting after the 2 4 words <relating to> the following: <juvenile justice, 2 5 including>. 2 6 #4. Title page, line 2, by inserting after the 2 7 word <proceedings> the following: <, and compulsory 2 8 attendance at school, and making penalties 2 9 applicable>. 2 10 2 11 2 12 2 13 HORBACH of Tama 2 14 HF 2338.301 82 2 15 jm/nh/11123 -1-