BILL NUMBER: SB 1913	CHAPTERED  09/18/00

	CHAPTER   465
	FILED WITH SECRETARY OF STATE   SEPTEMBER 18, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 15, 2000
	PASSED THE SENATE   AUGUST 25, 2000
	PASSED THE ASSEMBLY   AUGUST 18, 2000
	AMENDED IN ASSEMBLY   JULY 6, 2000
	AMENDED IN SENATE   MAY 24, 2000

INTRODUCED BY   Senator McPherson

                        FEBRUARY 24, 2000

   An act to amend Section 48293 of the Education Code, relating to
truants.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1913, McPherson.  Compulsory education.
   Existing law requires that each person subject to compulsory
full-time education attend school as specified.  Existing law
requires that each parent, guardian, or other person having control
or charge of the pupil shall send the pupil to school, as specified,
and imposes penalties on the parent, guardian, or other person having
control or charge of the pupil for noncompliance with the attendance
laws.
   This bill would, until January 1, 2005, specifically authorize a
court to order a person who is convicted for failing to comply with
the attendance laws, as specified, to immediately enroll the child in
the appropriate school or educational program and provide proof of
enrollment to the court.
   This bill would require the Legislative Analyst, in conjunction
with the California District Attorney's Association and the State
Department of Education, to develop and submit a report to the
Legislature on or before January 1, 2004, as specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 48293 of the Education Code is amended to read:

   48293.  (a) Any parent, guardian, or other person having control
or charge of any pupil who fails to comply with this chapter, unless
excused or exempted therefrom, is guilty of an infraction and shall
be punished as follows:
   (1) Upon a first conviction, by a fine of not more than one
hundred dollars ($100).
   (2) Upon a second conviction, by a fine of not more than two
hundred fifty dollars ($250).
   (3) Upon a third or subsequent conviction, if the person has
willfully refused to comply with this section, by a fine of not more
than five hundred dollars ($500).  In lieu of imposing the fines
prescribed in paragraphs (1) (2), and (3), the court may order the
person to be placed in a parent education and counseling program.
   (b) A judgment that a person convicted of an infraction be
punished as prescribed in subdivision (a) may also provide for the
payment of the fine within a specified time or in specified
installments, or for participation in the program.  A judgment
granting a defendant time to pay the fine or prescribing the days of
attendance in a program shall order that if the defendant fails to
pay the fine, or any installment thereof, on the date that it is due,
or fails to attend a program on a prescribed date, he or she shall
appear in court on that date for further proceedings.   Willful
violation of the order is punishable as contempt.
   (c) Until January 1, 2005, the court may also order that the
person convicted of the violation of subdivision (a) immediately
enroll the pupil in the appropriate school or educational program and
provide proof of enrollment to the court.  Willful violation of an
order under this subdivision is punishable as civil contempt with a
fine of up to one thousand dollars ($1,000).  An order of contempt
under this subdivision shall not include imprisonment.
   (d) The Legislative Analyst, in consultation with the California
District Attorney's Association and the State Department of
Education, shall develop a report to be submitted to the Legislature
on or before January 1, 2004, concerning the implementation of this
subdivision.