House File 4 - Introduced HOUSE FILE BY HORBACH Passed House, Date Passed Senate, 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 refuses to engage in mediation or violates a 3 mediation agreement commits a delinquent act. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1030YH 83 6 kh/nh/8 PAG LIN 1 1 Section 1. Section 232.2, subsection 12, Code 2009, is 1 2 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 2009, 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 2009, 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 2009, 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 under 2 7 chapter 232. However, the child shall not be placed in 2 8 detention under chapter 232 for a violation of section 299.5A. 2 9 EXPLANATION 2 10 This bill provides that a child who is 10 years of age or 2 11 older, truant, and refuses to engage in mediation or violates 2 12 a truancy mediation agreement, commits a delinquent act under 2 13 Code chapter 232. However, under the bill, the child shall 2 14 not be placed in detention for truancy or failure to perform 2 15 community service ordered for a truancy violation. 2 16 LSB 1030YH 83 2 17 kh/nh/8