House Amendment 8119


PAG LIN




     1  1    Amend House File 2623 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 2, by inserting after line 23 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 word <age> the following:  <, making penalties
     2  5 applicable,>.
     2  6 #4.  By renumbering as necessary.
     2  7
     2  8
     2  9                               
     2 10 HORBACH of Tama
     2 11 HF 2623.301 82
     2 12 kh/nh/9944

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