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  AUGUST 2, 2010
	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
    (   Coauthor:   Assembly Member  
Chesbro   ) 

                        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  a  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  a  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.
   (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
  provide that  a parent or guardian  with
  may not be punished for  a violation of both
these provisions and  specified provisions of existing
  another specified  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.
   (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  a  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.
  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 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)   (7)  , 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) Meetings, scheduled and held periodically, with school
district representatives designated by the chronic truant's school
district of enrollment. Those representatives may include school
psychologists, school counselors, teachers, school administrators, or
other educational service providers deemed appropriate by the school
district.  
   (3) Service referrals for parents or guardians, including, but not
necessarily limited to, all of the following:  
   (4) Service referrals for parents or guardians, as appropriate to
each case that may include, but are not 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) 
    (5)  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   the same procedures specified for successful
completion of a drug diversion program or a deferred entry of
judgment program pursuant to Section  851.90 and  the
provisions of Section  1203.4 shall apply. 
   (5) 
    (6)  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) 
    (7)  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
  may not be punished for  a violation of both this
section and the provisions of Section 272 that involve criminal
liability for parents and guardians of truant children. 
   (e) If any district attorney chooses to charge a defendant with a
violation of subdivision (a) and the defendant is found by the
prosecuting attorney to be eligible or ineligible for deferred entry
of judgment, the prosecuting attorney shall file with the court a
declaration in writing, or state for the record, the grounds upon
which that determination is based. 
  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.