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S1233................................................by JUDICIARY AND RULES
SCHOOL AGED CHILDREN - TRUANT - Amends existing law to provide that parents
or guardians of school aged children who knowingly fail, neglect or refuse
to assume responsibility for the child's education or who allow the child
to become an habitual truant shall be guilty of a misdemeanor; and to
provide for court imposed conditions and the suspension of sentences.
01/27 Senate intro - 1st rdg - to printing
01/28 Rpt prt - to Educ
02/16 Rpt out - rec d/p - to 2nd rdg
02/17 2nd rdg - to 3rd rdg
02/20 To 14th Ord
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1233
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO JUVENILES; AMENDING SECTION 33-207, IDAHO CODE, TO PROVIDE THAT
3 PARENTS OR GUARDIANS OF A CHILD OF SCHOOL AGE SHALL BE GUILTY OF A MISDE-
4 MEANOR IF SUCH PARENT OR GUARDIAN KNOWINGLY FAILS, NEGLECTS OR REFUSES TO
5 ASSUME RESPONSIBILITY FOR THE CHILD'S EDUCATION OR HAS ALLOWED THE CHILD
6 TO BECOME AN HABITUAL TRUANT, TO PROVIDE FOR COURT-IMPOSED CONDITIONS AND
7 THE SUSPENSION OF SENTENCES AND TO MAKE TECHNICAL CORRECTIONS; AND DECLAR-
8 ING AN EMERGENCY.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 33-207, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 33-207. PROCEEDINGS AGAINST PARENTS OR GUARDIANS. Whenever it has been
13 determined by the probate court of any county that tThe parents or guardians
14 of any child between the ages of seven (7) years, as qualified in section
15 33-202, Idaho Code, and sixteen (16), are failing, neglecting or refusing
16 years shall be guilty of a misdemeanor if such parent or guardian knowingly
17 fails, neglects or refuses to place the child in school as provided in this
18 chapter or to have the child comparably instructed, or knowingly have has
19 allowed a pupil child to become an habitual truant, proceedings shall be
20 brought against such parent or guardian under the provisions of the youth
21 rehabilitation law. The court may impose conditions upon any person found
22 guilty under this section, and so long as such person shall comply therewith
23 to the satisfaction of the court, the sentence imposed may be suspended.
24 SECTION 2. An emergency existing therefor, which emergency is hereby
25 declared to exist, this act shall be in full force and effect on and after its
26 passage and approval.
STATEMENT OF PURPOSE
RS 13659
This legislation clarifies that it is a misdemeanor for a parent
or guardian to knowingly fail to provide an education for a
child. Additionally, a court may impose conditions as needed to
enforce this section. Finally, antiquated references to "probate
court" and the "youth rehabilitation law" have been eliminated.
FISCAL IMPACT
No Fiscal Impact on the General Fund
Contact
Name: Senator Joe Stegner
Phone: (208)332-1307
Robert Donaldson, Principal
Jenifer Jr. High School, Lewiston, Idaho
Phone: (208) 748-3300
Craig Lenzmeier, Principal
Webster Elementary, Lewiston, Idaho
Phone: (208) 748-3800
STATEMENT OF PURPOSE/FISCAL NOTE Senate Bill No. 1233
REVISED REVISED REVISE