2004 Legislation
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SENATE BILL NO. 1233 – School age child/truant/parent pnlt

SENATE BILL NO. 1233

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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    



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