BILL ANALYSIS
SB 1317
Page 1
SENATE THIRD READING
SB 1317 (Leno)
As Amended August 9, 2010
Majority vote
SENATE VOTE :21-9
PUBLIC SAFETY 4-1 EDUCATION 7-2
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|Ayes:|Beall, Gilmore, Hill |Ayes:|Brownley, Nestande, |
| |Portantino | |Arambula, Carter, Eng, |
| | | |Miller, Torlakson |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Ammiano |Nays:|Ammiano, Norby |
| | | | |
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APPROPRIATIONS 14-1
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|Ayes:|Fuentes, Conway, | | |
| |Bradford, Coto, Davis, De | | |
| |Leon, Gatto, Hall, | | |
| |Miller, Nielsen, Skinner, | | |
| |Solorio, Torlakson, | | |
| |Torrico | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Norby | | |
| | | | |
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SUMMARY : Creates a misdemeanor when a parent or guardian of a
pupil of six years of age or older who is in kindergarten or any of
Grades 1 to 8, inclusive, and who is subject to compulsory full-time
education whose child is a chronic truant, and has failed to
reasonably supervise and encourage the pupil's school attendance.
Specifically, this bill :
1)Deems any pupil a "chronic truant" when he or she is subject to
compulsory full-time education or to compulsory continuation
education who is absent form school without valid excuse for 10
percent or more of the schooldays in one school year, from the
date of enrollment to the current date, provided that the
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appropriate school district officer or employee as complied with
existing law.
2)Provides that a parent or guardian of a pupil of six years of age
or older who is in Kindergarten or any of Grades 1 to 8,
inclusive, and who is subject to compulsory full-time education or
compulsory continuation education, whose child is a chronic truant
as defined under existing law, who has failed to reasonably
supervise and encourage the pupil's school attendance, and who has
been offered language-accessible support services to address the
pupil's truancy is guilty of a misdemeanor punishable by a fine
not exceeding $2,000, or by imprisonment in the county jail not
exceeding one year, or by both that fine and imprisonment. A
parent or guardian guilty of a misdemeanor, as specified, may
participate in the deferred entry of judgment (DEJ) program.
3)Allows superior courts to establish DEJ programs that includes the
following components, inclusive, to adjudicate cases involving
parents or guardians of elementary school pupils who are chronic
truants:
a) A dedicated court calendar;
b) Leadership by a judge of the superior court in that county;
and,
c) Service referrals for parents or guardians, including, but
not necessarily limited to, all of the following:
i) Case management;
ii) Mental and physical health services;
iii) Parenting classes and support;
iv) Substance abuse treatment; and,
v) Child care and housing.
d) A clear statement that, in lieu of trial, the court may
grant DEJ 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
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his or her plea, and upon the motion of the prosecuting
attorney, the court will dismiss the charge or charges against
the defendant;
e) 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; and,
f) An explanation of criminal record retention and disposition
resulting from participation in the DEJ program and the
defendant's rights relative to answering questions about his or
her arrest and DEJ following successful completion of the
program.
4)Mandates funding for the DEJ program shall be derived solely from
non-state sources.
5)Prohibits a prosecutor from charging a parent or guardian of an
elementary school pupil who is a chronic truant, with a violation
of this section and Penal Code Section 272 relating to
contributing to the delinquency of a minor for parents and
guardians of truant children.
FISCAL EFFECT : According to the Assembly Appropriations Committee
analysis, moderate ongoing non-reimbursable local law enforcement
and incarceration costs to the extent parents/guardians are
convicted of a misdemeanor pursuant to this bill.
COMMENTS : According to the author of this bill, "When it comes to
breaking the cycle of crime, we can either pay attention to the
signs of trouble now, or we can pay the price later. We pay that
price in more ways than one. Elementary school children who fail to
attend school today become tomorrow's high school dropouts.
Dropouts are those most likely to end up in the streets as either
victims or perpetrators of crime. . . . . Combating elementary
school truancy is a smart approach to crime prevention.
"The statistics speak volumes. Habitual truants become high school
truants, and it is estimated that as many as 75% of all truant high
school students will eventually drop out of school. Statewide,
three-fourths of prison inmates are high school dropouts. In San
Francisco, over 94% of all homicide victims under the age of 25 are
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high school dropouts.
"In 2007, the National Center for Children in Poverty issued a study
finding that children who miss 10% or more of the days in a given
school year are the most likely to suffer lower academic performance
in subsequent school years.
"Numerous studies demonstrate a strong correlation between teenage
truancy and juvenile delinquency. The California Department of
Education identified truancy as the most powerful predictor of
juvenile delinquent behavior. The Office of Juvenile Justice and
Delinquency Prevention reported that truancy correlates with
substance abuse, gang involvement, and other criminal activity. A
report by Fight Crime: Invest in Kids concluded that increasing
graduation rates by 10 percentage points would decrease rates of
violent crime by 20%, and prevent 500 murders and more than 20,000
aggravated assaults each year in California.
"County prosecutors have relied on Penal Code Section 272,
'contributing to the delinquency of a minor' to seek stronger
sanctions against parents of repeatedly truant children. Although
Penal Code Section 272 does not specifically address truancy, courts
have found parents guilty of this misdemeanor if their failure to
get their child in school results in delinquent juvenile behavior.
Under this statute, parents can be fined up to $2,500 or placed in
jail for six months.
"Unfortunately, however, neither the Education Code nor the Penal
Code effectively addresses the most serious problem that needs the
most immediate attention: chronic elementary school truancy.
"The Education Code does not distinguish between levels of truancy,
leaving the potential for parents of children who have missed five
days to be considered as liable as parents of children who have
missed 50 days for failing to ensure access to education. The most
severe consequence that a parent can receive under the Education
Code is an infraction conviction and a fine. (Education Code
Section 48293.)
"Second, the Penal Code's silence on the issue of truancy leaves
prosecutors and courts with the unhelpful option of focusing on
whether the child is delinquent as a result of missing school,
rather than focusing on the parents' failure to provide a basic
need. Parents who allow their young children to have chronic levels
of truancy are neglecting their child's needs, regardless of whether
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that child demonstrates delinquent behavior. Failing to educate a
child is an issue of neglect, just like failing to feed or clothe
them.
"Finally, when prosecutors do invoke 'contributing to the
delinquency of a minor' to bring misdemeanor charges against parents
of severely truant children, criminal courts have widely varying
responses to these charges. Some courts take a punitive approach
that may levy a fine or jail time on the parent but may not result
in the return of the child to school, while others may not take
these charges seriously, given the gravity of other criminal
offenses being addressed, and may throw out the cases with no
changed circumstances for the child."
Please see the policy committee for a full discussion of this bill.
Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916) 319-3744
FN: 0005808