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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 been13 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 refusing16 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 havehas 19 allowed a pupilchild to become an habitual truant , proceedings shall be20 brought against such parent or guardian under the provisions of the youth21 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