BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
1317 (Leno)
Hearing Date: 05/10/2010 Amended: 05/06/2010
Consultant: Jacqueline Wong-HernandezPolicy Vote: Public Safety
6-1
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BILL SUMMARY: This bill creates a new misdemeanor for parents of
children in grades 1-8 who are chronically truant, as specified,
that is punishable by a fine of up to $2,500 and/or one year in
county jail. This bill also authorizes courts to establish a
deferred entry of judgment (DEJ) program for cases involving
parents or guardians of chronically truant elementary school
students; this bill specifies that no state funds shall be used
for this program. The provisions of this bill are contingent
upon the enactment of SB 1148.
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Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12
2012-13 Fund
New misdemeanor **Possibly significant, non-reimbursable local
costs** Local
Optional DEJ **Potentially significant costs, if
adopted** Private/Local/Federal*
**Potentially significant incarceration
savings, if adopted** Local
**Possibly significant increased revenue to
schools, if successful** Local
*This bill specifies that state funds shall not be used for the
program, if a superior court chooses to establish a DEJ.
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STAFF COMMENTS:
Existing law allows an adult to be prosecuted for contributing
to the delinquency of a minor. The crime is a misdemeanor
punishable by a fine not exceeding $2,500 and/or by imprisonment
in the county jail for not more than one year, or probation for
up to five years (Penal Code 272.) Existing law also
authorizes a diversion program for parents or guardians who are
being prosecuted for contributing to the delinquency of a minor
under Penal Code section 272, as specified. (Penal Code
1001.70 et seq.)
This bill enacts a new misdemeanor applicable to parents of
chronically truant first grade through eighth grade students.
These parents can already be prosecuted for contributing to the
delinquency of a minor, but having a statute specific to truancy
of young children will likely make it easier (and more common)
to prosecute parents of chronically truant children. The costs
of prosecution and county jail incarceration are incurred by
local jurisdictions, and not reimbursed by the state.
This bill also authorizes a superior court to establish a DEJ
program "to adjudicate cases involving parents or guardians of
elementary school pupils who are chronic
truants" as defined in SB 1148 (upon which its enactment is
contingent) with specified, required programmatic components is
the program is established. A superior court already has the
authority to establish a DEJ for this purpose, but (with or
without this
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SB 1317 (Leno)
bill) there is no state requirement to do so. This bill
specifies that any optional DEJ program provided for in this
bill will be funded only by non-state funds; this bill presents
no cost pressure to state funds.
To the extent that a DEJ is established, and specifically
diverts individuals who would have otherwise been incarcerated
in county jails (which would be a penalty option, but not a
requirement of the misdemeanor), there will be local savings.
Additionally, to the extent that this new law and/or program
results in more children attending school, it could result in
increased funding to schools from increased average daily
attendance funding.