Bill Text: NJ A836 | 2014-2015 | Regular Session | Introduced
Bill Title: Provides that student truancy cases would be heard in municipal court and requires truants to attend an appropriate intervention program.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2014-01-16 - Introduced, Referred to Assembly Law and Public Safety Committee [A836 Detail]
Download: New_Jersey-2014-A836-Introduced.html
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Assemblyman CHARLES MAINOR
District 31 (Hudson)
Assemblywoman BONNIE WATSON COLEMAN
District 15 (Hunterdon and Mercer)
Co-Sponsored by:
Assemblyman Caputo
SYNOPSIS
Provides that student truancy cases would be heard in municipal court and requires truants to attend an appropriate intervention program.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning truancy, amending various sections of the statutory law and supplementing Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1982, c.77 (C.2A:4A-22) is amended to read as follows:
3. General definitions. As used in this act:
a. "Juvenile" means an individual who is under the age of 18 years.
b. "Adult" means an individual 18 years of age or older.
c. "Detention" means the temporary care of juveniles in physically restricting facilities pending court disposition.
d. "Shelter care" means the temporary care of juveniles in facilities without physical restriction pending court disposition.
e. "Commit" means to transfer legal custody to an institution.
f. "Guardian" means a person, other than a parent, to whom legal custody of the child has been given by court order or who is acting in the place of the parent or is responsible for the care and welfare of the juvenile.
g. "Juvenile-family crisis" means behavior, conduct or a condition of a juvenile, parent or guardian or other family member which presents or results in (1) a serious threat to the well-being and physical safety of a juvenile, or (2) a serious conflict between a parent or guardian and a juvenile regarding rules of conduct which has been manifested by repeated disregard for lawful parental authority by a juvenile or misuse of lawful parental authority by a parent or guardian, or (3) unauthorized absence by a juvenile for more than 24 hours from his home, or (4) [a pattern of repeated unauthorized absences from school by a juvenile subject to the compulsory education provision of Title 18A of the New Jersey Statutes, or (5)] an act which if committed by an adult would constitute prostitution in violation of N.J.S.2C:34-1 or any offense which the juvenile alleges is related to the juvenile being a victim of human trafficking.
h. "Repetitive disorderly persons offense" means the second or more disorderly persons offense committed by a juvenile on at least two separate occasions and at different times.
i. "Court" means the Superior Court, Chancery Division, Family Part unless a different meaning is plainly required.
j. "Commission" means the Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c.284 (C.52:17B-170).
(cf: P.L.2011, c.195, s.2)
2. Section 4 of P.L.1982, c.77 (C.2A:4A-23) is amended to read as follows:
4. Definition of delinquency. As used in this act, "delinquency" means the commission of an act by a juvenile which if committed by an adult would constitute:
a. A crime;
b. A disorderly persons offense or petty disorderly persons offense; or
c. A violation of any other penal statute, ordinance or regulation.
But, the commission of (1) an act which constitutes a violation of chapter 3, 4, 6 or 8 of Title 39 of the Revised Statutes by a juvenile of any age; (2) an act relating to the ownership or operation of a motorized bicycle which constitutes a violation of chapter 3 or 4 of Title 39 of the Revised Statutes by a juvenile of any age; (3) an act which constitutes a violation of article 3 or 6 of chapter 4 of Title 39 of the Revised Statutes pertaining to pedestrians and bicycles, by a juvenile of any age; (4) the commission of an act which constitutes a violation of [P.L.1981, c.318 (C.26:3D-1 et seq.), P.L.1981, c.319 (C.26:3D-7 et seq.), P.L.1981, c.320 (C.26:3D-15 et seq.), P.L.1985, c.185 (C.26:3E-7 et seq.), P.L.1985, c.186 (C.26:3D-32 et seq.),] N.J.S.2C:33-13[, P.L.1985, c.318 (C.26:3D-38 et seq.), P.L.1985, c.381 (C.26:3D-46 et seq.),] or of any amendment or supplement thereof, by a juvenile of any age; (5) an act which constitutes a violation of chapter 7 of Title 12 of the Revised Statutes relating to the regulation and registration of power vessels, by a juvenile of any age or section 2 of P.L.1987, c.453 (C.12:7-61); [or] (6) an act which constitutes a violation of a municipal ordinance enacted pursuant to section 2 of P.L.1992, c.132 (C.40:48-2.52) pertaining to curfew ordinances; or (7) a pattern of repeated unauthorized absences from school by a juvenile subject to the compulsory education provision of Title 18A of the New Jersey Statutes shall not constitute delinquency as defined in this act.
The municipal court having jurisdiction over a case involving a violation by a juvenile of a section of Title 26 listed in this subsection, Title 40 listed in this subsection [or] , Title 18A of the New Jersey Statutes, or N.J.S.2C:33-13, shall forward a copy of the record of conviction in that case to the Family Part intake service of the county where the municipal court is located. If a municipal court orders detention or imposes a term of imprisonment on a juvenile in connection with a violation of Title 39 of the Revised Statutes, chapter 7 of Title 12 of the Revised Statutes, Title 40 of the Revised Statutes or N.J.S.2C:33-13, that detention or term of imprisonment shall be served at a suitable juvenile institution and not at a county jail or county workhouse.
(cf: P.L.1997, c.383)
3. N.J.S.2B:12-17 is amended to read as follows:
2B:12-17. Jurisdiction of specified offenses. A municipal court has jurisdiction over the following cases within the territorial jurisdiction of the court:
a. Violations of county or municipal ordinances;
b. Violations of the motor vehicle and traffic laws;
c. Disorderly persons offenses, petty disorderly persons offenses and other non-indictable offenses except where exclusive jurisdiction is given to the Superior Court;
d. Violations of the fish and game laws;
e. Proceedings to collect a penalty where jurisdiction is granted by statute;
f. Violations of laws regulating boating; [and]
g. Violations by a juvenile of the compulsory education provision of Title 18A of the New Jersey Statutes; and
h. Any other proceedings where jurisdiction is granted by statute.
(cf: P.L.1996, c.95, s.12)
4. (New section) Where a juvenile who is subject to the compulsory education provision of Title 18A of the New Jersey Statutes has demonstrated a pattern of repeated unauthorized absences from school, the municipal court shall order the juvenile to attend a truancy intervention program or other appropriate program as determined by the court.
5. This act shall take effect on the 90th day following enactment.
STATEMENT
This bill provides that truancy cases would be heard in the municipal court. Under the bill, students found to be truant would be required to attend a truancy intervention program or other appropriate program.
Under current law, truancy is not a type of juvenile delinquency and the bill would not change this classification. Truancy cases are now heard in family court as "juvenile-family crisis" matters. In addition to truancy, other situations that constitute a "juvenile-family crisis" include, among others: behavior by a juvenile or other family member which presents a serious threat to the juvenile's safety, and serious conflicts between a parent or guardian and a juvenile "manifested by repeated disregard for lawful parental authority."
Under the bill, a juvenile's pattern of repeated unauthorized absences from school would no longer constitute a "juvenile-family crisis" or be heard in family court. Instead, when a juvenile has had repeated unauthorized absences from school, the municipal court would order the juvenile to attend a truancy intervention program or other appropriate program as determined by the court.
