BILL NUMBER: SB 1317 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 31, 2010
PASSED THE ASSEMBLY AUGUST 30, 2010
AMENDED IN ASSEMBLY AUGUST 9, 2010
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, 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,
who has failed to reasonably supervise and encourage the pupil's
school attendance, and who has been offered language accessible
support services to address the pupil's truancy, 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 provide that a
parent or guardian may not be punished for a violation of both these
provisions and 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.
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, who has failed to reasonably
supervise and encourage the pupil's school attendance, and who has
been offered language accessible support services to address the
pupil's truancy, 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 (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.
(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.
(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 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.
(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.
(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 parent or guardian of an elementary school pupil who is a
chronic truant, as defined in Section 48263.6 of the Education Code,
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.