BILL ANALYSIS Ó
AB 2195
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CONCURRENCE IN SENATE AMENDMENTS
AB 2195 (Achadjian)
As Amended August 4, 2014
Majority vote
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|ASSEMBLY: |74-0 |(April 10, |SENATE: |35-0 |(August 11, |
| | |2014) | | |2014) |
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Original Committee Reference: PUB. S.
SUMMARY : Authorizes a juvenile hearing officer to hear cases in
which a minor is alleged to come within the jurisdiction of the
juvenile court on the basis of having four or more truancies, as
defined, within one school year.
The Senate amendments :
1) Place specified procedures and limitations for when a
minor is before the court on the basis of truancy, as
described, which include attempting to set the hearing
outside of school hours, allowing the minor's parents to
participate in the hearing, a prohibition on imposing fines
and court fees, as well as other procedures and limitations
related to the proceedings and court orders.
2) Require jurisdiction to be terminated upon the minor
attaining 18 years of age.
3) Delete the standard for the evidence that the minor's
school has undertaken specified actions to be clear and
convincing before a judge, referee, or juvenile hearing
officer can proceed with a hearing of a minor on the basis
of truancy.
4) Specify if the school district does not have an
attendance review board, as described, the minor's school
is not required to provide evidence to the court of any
actions the school has undertaken that demonstrate the
intervention of a school attendance review board.
5) State that only the available record of previous
attempts to address the minor's truancy, rather than the
complete record.
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6) Encourage, rather than require the court, to set the
hearing outside of school hours, so as to avoid causing the
minor to miss additional school time.
7) Provide that the judge, referee, or juvenile hearing
officer may order the payment of a fine by the minor of not
more than $50, for which a parent or legal guardian of the
minor may be jointly liable and state that the fine shall
not be subject to additional penalty pursuant to any other
law.
8) Allow the minor, at his or her discretion, to perform
community service, as described, in lieu of the fine.
9) Authorize the judge, referee, or juvenile hearing
officer to order a combination of community service work
and payment of a portion of the fine.
10) Delete the prohibition on a judge, referee, or juvenile
hearing officer imposing fines or court fees.
EXISTING LAW :
1)Authorizes the juvenile court to appoint as subordinate
judicial officers, as specified, to serve as a juvenile
hearing officer. A juvenile court shall be known as the
Informal Juvenile and Traffic Court when a hearing officer
appointed pursuant to this section hears a case specified in
the provisions below.
2)States, subject to the orders of the juvenile court, a
juvenile hearing officer may hear and dispose of any case in
which a minor under the age of 18 years as of the date of the
alleged offense is charged with specified offenses.
3)Requires each person between the ages of six and 18 years old,
not otherwise exempted, to be subject to compulsory full-time
education and attend the public full-time school for the full
time designated as the length of the school day by the
governing board of the school district in which the person's
parent or guardian resides, and that each parent or guard or
other person having control or charge of the pupil shall
ensure that pupil's enrollment and attendance.
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4)Defines a "truant" as a pupil subject to compulsory full-time
education or to compulsory continuation education who is
absent from school without a valid excuse three full days in
one school year or tardy or absent for more than a 30-minute
period during the schoolday without a valid excuse on three
occasions in one school year, or any combination thereof; and
requires the pupil to be reported to the attendance supervisor
or to the superintendent of the school district.
5)Authorizes the attendance supervisor or his or her designee, a
peace officer, a school administrator or his or her designee,
or a probation officer to arrest or assume temporary custody,
during school hours, of any minor subject to compulsory
full-time education or to compulsory continuation education
found away from his or her home and who is absent from school
without valid excuse within the county, city, or city and
county, or school district.
AS PASSED BY THE ASSEMBLY , this bill authorized a juvenile
hearing officer to hear cases in which a minor is alleged to
come within the jurisdiction of the juvenile court on the basis
of having four or more truancies, as defined, within one school
year.
FISCAL EFFECT : According to the Senate Appropriations
Committee, this bill does not require local courts to change the
way they dispose of truancy cases, but allows them new authority
subjected to specified restrictions. Potentially significant
court savings (General Fund/Local Funds) to the extent that
courts elect to have juvenile hearing officers preside over
truancy cases in the Informal Juvenile and Traffic Court,
instead of judges presiding over the same cases in juvenile
court.
COMMENTS : According to the author, "This bill would provide a
much-needed, moderate alternative for resolving cases of
truancy. The existing options are either unenforceable or too
complex, making it difficult for school officials and probation
officers to quickly and efficiently address this problem."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
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FN: 0004394