BILL NUMBER: SB 1317	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 22, 2010

INTRODUCED BY   Senator Leno

                        FEBRUARY 19, 2010

   An act to  amend Section 48260 of 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) Under existing law, a truant is a pupil who is subject to
compulsory full-time education or to compulsory continuation
education and who is absent from school without 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. Existing
law requires that a truant be reported to the attendance supervisor
or to the superintendent of the school district and that, on a pupil'
s initial classification as a truant, the school district send a
notice to the pupil's parent or guardian that includes certain
information regarding the truancy and the parent's or guardian's
obligations.  
   This bill would define as a chronic truant any pupil subject to
compulsory full-time education or to compulsory continuation
education who is absent from school without valid excuse for 10% or
more of the schooldays in one school year.  
   (2) 
    (1)  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,
is guilty of an infraction. 
   This bill would provide that a parent or guardian of an elementary
school pupil subject to compulsory full-time education or to
compulsory continuation education, whose child is a chronic truant
 as defined in the bill   ,  is 
also  guilty of a misdemeanor punishable  as
described in the paragraph above   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  .
By  expanding the scope of an existing offense 
 creating a new 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. 
   This bill would state that it would only become operative if
Senate Bill 1148 of the 2009-10 Regular Session is enacted and adds a
provision to the Education Code that this bill references to define
the term "chronic truant."  
   (3) 
    (2)  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 48260 of the Education Code
is amended to read:
   48260.  (a) Any pupil subject to compulsory full-time education or
to compulsory continuation education who is absent from school
without valid excuse three 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 three occasions in one school year, or any
combination thereof, is a truant, and shall be reported to the
attendance supervisor or to the superintendent of the school
district.
   (b) Any pupil subject to compulsory full-time education or to
compulsory continuation education who is absent from school without
valid excuse for 10 percent or more of the schooldays in one school
year is a chronic truant. A parent or guardian of a chronic truant
who is an elementary school pupil may be the subject of prosecution
under Section 270.1 of the Penal Code.
   (c) Notwithstanding subdivisions (a) and (b), it is the intent of
the Legislature that school districts shall not change the method of
attendance accounting provided for in existing law, and shall not be
required to employ period-by-period attendance accounting. 
   SEC. 2.   SECTION 1.   Section 270.1 is
added to the Penal Code, to read:
   270.1.  (a) A parent or guardian of an elementary school pupil
subject to compulsory full-time education or compulsory continuation
education, whose child is a chronic truant as defined in Section
 48260   48263.6 of the Education Code, is
guilty of a misdemeanor punishable by a fine not exceeding two
thousand dollars ($2,000), or by imprisonment in the county jail not
exceeding one year, or by both  the   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),
inclusive, to adjudicate cases involving parents or guardians of
elementary school pupils who are chronic truants as defined in
Section  48260   48263.6  of the Education
Code:
   (1) A dedicated court calendar.
   (2) Leadership by a judge of the superior court in that county.
   (3) Service referrals for parents or guardians, including, but not
necessarily 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) 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
851.90 and 1203.4 shall apply.
   (5) 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) 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.
   SEC. 3.   SEC. 2.   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.
   SEC. 3.    This bill shall become operative only if
Senate Bill 1148 of the 2009-10 Regular Session is enacted, adds
Section 48263.6 to the Education Code, and becomes operative on or
before January 1, 2011.