Senate File 2293

                                       SENATE FILE       
                                       BY  BOLKCOM


    Passed Senate,  Date               Passed House, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing that a child who is ten years of age or older,
  2    truant, and who refuses to engage in mediation or who violates
  3    a truancy mediation agreement commits a delinquent act.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5853XS 80
  6 kh/gg/14

PAG LIN

  1  1    Section 1.  Section 232.2, subsection 12, Code Supplement
  1  2 2003, is amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  d.  The violation of section 299.6 by a
  1  4 child ten years of age or older.
  1  5    Sec. 2.  Section 232.22, subsection 8, Code 2003, is
  1  6 amended to read as follows:
  1  7    8.  Notwithstanding any other provision of the Code to the
  1  8 contrary, a child shall not be placed in detention for a
  1  9 violation of section 123.47 or 299.6, or for failure to comply
  1 10 with a dispositional order which provides for performance of
  1 11 community service for a violation of section 123.47 or 299.6.
  1 12    Sec. 3.  Section 299.5A, unnumbered paragraph 4, Code 2003,
  1 13 is amended to read as follows:
  1 14    The school district shall be responsible for monitoring any
  1 15 agreements arrived at through mediation.  If a parent,
  1 16 guardian, or legal or actual custodian, or the child if the
  1 17 child is ten years of age or older, refuses to engage in
  1 18 mediation or violates a term of the agreement, the matter
  1 19 shall be rereferred to the county attorney for prosecution
  1 20 under section 299.6.  The county attorney's office or the
  1 21 mediation service shall require the parent, guardian, or legal
  1 22 or actual custodian and the school to pay a fee to help defray
  1 23 the administrative cost of mediation services.  The county
  1 24 attorney's office or the mediation service shall establish a
  1 25 sliding scale of fees to be charged parents, guardians, and
  1 26 legal or actual custodians based upon ability to pay.  A
  1 27 parent, guardian, or legal or actual custodian shall not be
  1 28 denied the services of a mediator solely because of inability
  1 29 to pay the fee.
  1 30    Sec. 4.  Section 299.6, unnumbered paragraph 1, Code 2003,
  1 31 is amended to read as follows:
  1 32    Any person who violates a mediation agreement under section
  1 33 299.5A, who is referred for prosecution under section 299.5A
  1 34 and is convicted of a violation of any of the provisions of
  1 35 sections 299.1 through 299.5, who violates any of the
  2  1 provisions of sections 299.1 through 299.5, or who refuses to
  2  2 participate in mediation under section 299.5A, for a first
  2  3 offense, is guilty of a simple misdemeanor.  If a child ten
  2  4 years of age or older violates a mediation agreement under
  2  5 section 299.5A, or refuses to participate in mediation under
  2  6 section 299.5A, the child commits a delinquent act.
  2  7                           EXPLANATION
  2  8    This bill provides that a child who is 10 years of age or
  2  9 older, truant, and who refuses to engage in mediation or
  2 10 violates a truancy mediation agreement, commits a delinquent
  2 11 act.
  2 12 LSB 5853XS 80
  2 13 kh/gg/14