Bill Text: CA SB1317 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Truancy.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2010-09-30 - Chaptered by Secretary of State. Chapter 647, Statutes of 2010. [SB1317 Detail]

Download: California-2009-SB1317-Amended.html

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BILL NUMBER: SB 1317	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 16, 2010
	AMENDED IN SENATE  MAY 6, 2010
	AMENDED IN SENATE  APRIL 27, 2010
	AMENDED IN SENATE  APRIL 8, 2010
	AMENDED IN SENATE  MARCH 22, 2010

INTRODUCED BY   Senator Leno

                        FEBRUARY 19, 2010

   An act  to add Section 48263.6 to the Education Code, and
 to add Section 270.1 to the Penal Code, relating to truancy.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1317, as amended, Leno. Truancy. 
   (1) Existing law defines a truant as any pupil subject to
compulsory full-time education or to compulsory continuation
education who is absent from school without valid excuse 3 full days
in one school year, or tardy or absent for more than any 30-minute
period during the schoolday without a valid excuse on 3 occasions in
one school year, or any combination thereof.  
   This bill would define a chronic truant as any pupil subject to
compulsory full-time education or to compulsory continuing education
who is absent from school without valid excuse for 10% or more of the
schooldays in one school year, from the date of enrollment to the
current date, provided that the appropriate school district officer
or employee has complied with specified provisions of law. 

   (1) 
    (2)  Existing law provides that, if a person is a parent
of a minor child, he or she is guilty of a misdemeanor punishable by
a fine not exceeding $2,000, or by imprisonment in a county jail for
a period not exceeding one year, or by both that fine and
imprisonment, if he or she willfully omits, without lawful excuse, to
furnish necessary clothing, food, shelter, medical attendance, or
other remedial care for the child.
   Under existing law, the parent or guardian of a pupil, who is
subject to compulsory full-time education or to compulsory
continuation education, whose child is habitually truant, as defined,
or fails to perform his or her duty to compel attendance of the
pupil, is guilty of a crime.
   This bill would provide that a parent or guardian of a pupil of 6
years of age or more who is in kindergarten or any of grades 1 to 8,
inclusive, and who is subject to compulsory full-time education or to
compulsory continuation education, whose child is a chronic truant,
and who has failed to reasonably supervise and encourage the pupil's
school attendance, is guilty of a misdemeanor punishable by a fine
not exceeding $2,000, or by imprisonment in a county jail for a
period not exceeding one year, or by both that fine and imprisonment.
 The bill would prohibit a prosecutor from charging a parent or
guardian with a violation of both these provisions and specified
provisions of existing law involving criminal liability for parents
or guardians of truant children.  By changing the definition of
an existing crime, this bill would impose a state-mandated local
program.
   The bill would authorize a superior court to establish a deferred
entry of judgment program, meeting specified conditions, to
adjudicate cases involving parents or guardians of elementary school
pupils who are chronic truants. The bill would authorize a deferred
entry of judgment program established under the bill to refer
defendant parents or guardians for services, including, but not
necessarily limited to, case management, mental and physical health
services, parenting classes and support, substance abuse treatment,
and child care and housing. The bill would authorize the deferment of
entry of judgment in these cases upon the defendant's compliance
with terms and conditions set forth by the court. The bill would
require that funding for the deferred entry of judgment program come
solely from nonstate sources. 
   This bill would state that it would only become operative if SB
1148 of the 2009-10 Regular Session is enacted and adds a provision
to the Education Code that this bill references to define the term
"chronic truant."  
   (2) 
    (3)  The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 48263.6 is added to the 
 Education Code  , to read:  
   48263.6.  Any pupil subject to compulsory full-time education or
to compulsory continuation education who is absent from school
without valid excuse for 10 percent or more of the schooldays in one
school year, from the date of enrollment to the current date, is
deemed a chronic truant, provided that the appropriate school
district officer or employee has complied with Sections 48260,
48260.5, 48261, 48262, 48263, and 48291. 
   SECTION 1.   SEC. 2.   Section 270.1 is
added to the Penal Code, to read:
   270.1.  (a) A parent or guardian of a pupil of six years of age or
more who is in kindergarten or any of grades 1 to 8, inclusive, and
who is subject to compulsory full-time education or compulsory
continuation education, whose child is a chronic truant as defined in
Section 48263.6 of the Education Code, and who has failed to
reasonably supervise and encourage the pupil's school attendance, is
guilty of a misdemeanor punishable by a fine not exceeding two
thousand dollars ($2,000), or by imprisonment in  the
  a county jail not exceeding one year, or by both
that fine and imprisonment. A parent or guardian guilty of a
misdemeanor under this subdivision may participate in the deferred
entry of judgment program defined in subdivision (b).
   (b) A superior court may establish a deferred entry of judgment
program that includes the components listed in paragraphs (1) to (6),
inclusive, to adjudicate cases involving parents or guardians of
elementary school pupils who are chronic truants as defined in
Section 48263.6 of the Education Code:
   (1) A dedicated court calendar.
   (2) Leadership by a judge of the superior court in that county.
   (3) Service referrals for parents or guardians, including, but not
necessarily limited to, all of the following:
   (A) Case management.
   (B) Mental and physical health services.
   (C) Parenting classes and support.
   (D) Substance abuse treatment.
   (E) Child care and housing.
   (4) A clear statement that, in lieu of trial, the court may grant
deferred entry of judgment with respect to the current crime or
crimes charged if the defendant pleads guilty to each charge and
waives time for the pronouncement of judgment and that, upon the
defendant's compliance with the terms and conditions set forth by the
court and agreed to by the defendant upon the entry of his or her
plea, and upon the motion of the prosecuting attorney, the court will
dismiss the charge or charges against the defendant and Sections
851.90 and 1203.4 shall apply.
   (5) A clear statement that failure to comply with any condition
under the program may result in the prosecuting attorney or the court
making a motion for entry of judgment, whereupon the court will
render a finding of guilty to the charge or charges pled, enter
judgment, and schedule a sentencing hearing as otherwise provided in
this code.
   (6) An explanation of criminal record retention and disposition
resulting from participation in the deferred entry of judgment
program and the defendant's rights relative to answering questions
about his or her arrest and deferred entry of judgment following
successful completion of the program.
   (c) Funding for the deferred entry of judgment program pursuant to
this section shall be derived solely from nonstate sources. 
   (d) A prosecutor shall not charge a parent or guardian of an
elementary school pupil who is a chronic truant, as defined in
Section 48263.6 of the Education Code, with a violation of both this
section and the provisions of Section 272 that involve criminal
liability for parents and guardians of truant children. 
   SEC. 2.   SEC. 3.   No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution. 
  SEC. 3.    This bill shall become operative only
if Senate Bill 1148 of the 2009-10 Regular Session is enacted, adds
Section 48263.6 to the Education Code, and becomes operative on or
before January 1, 2011.