BILL ANALYSIS �
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THIRD READING
Bill No: AB 2195
Author: Achadjian (R)
Amended: 8/4/14 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 6/17/14
AYES: Hancock, De Le�n, Liu, Mitchell, Steinberg
NO VOTE RECORDED: Anderson, Knight
SENATE APPROPRIATIONS COMMITTEE : 7-0, 8/4/14
AYES: De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg
ASSEMBLY FLOOR : 74-0, 4/10/14 (Consent) - See last page for
vote
SUBJECT : Truancy: Informal Juvenile and Traffic Court
SOURCE : San Luis Obispo County Board of Supervisors
DIGEST : This bill 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 truancy, as
specified.
ANALYSIS :
Existing law:
1.Requires each person between the ages of 6 and 18 years old,
not otherwise exempted, to be subject to compulsory full-time
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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 guardian
or other person having control or charge of the pupil shall
ensure that pupil's enrollment and attendance.
2.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 school day 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.
3.Authorizes the attendance supervisor or his/her designee, a
peace officer, a school administrator or his/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/her home and who is absent from school
without valid excuse within the county, city, or city and
county, or school district.
4.States if a minor has four or more truancies within one school
year as defined, or a school attendance review board or
probation officer determines that the available public and
private services are insufficient or inappropriate to correct
the habitual truancy of the minor, or to correct the minor's
persistent or habitual refusal to obey the reasonable and
proper orders or directions of school authorities, or if the
minor fails to respond to directives of a school attendance
review board or probation officer or to services provided, the
minor is then within the jurisdiction of the juvenile court
which may adjudge the minor to be a ward of the court.
However, it is the intent of the Legislature that no minor who
is adjudged a ward of the court pursuant solely to this
subdivision shall be removed from the custody of the parent or
guardian except during school hours.
5.Authorizes the juvenile court to appoint subordinate judicial
officers one or more persons of suitable experience, who may
be a probation officer or assistant or deputy probation
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officers, to serve as juvenile hearing officers on a full or
part-time basis.
6.Enumerates numerous features and authorities of the Informal
Juvenile and Traffic Court, as specified.
7.Provides that 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.
This bill allows, subject to the orders of the juvenile court, a
juvenile hearing officer to hear and dispose of truancy cases in
an Informal Juvenile and Traffic Court. If the juvenile court
elects to have a truancy case heard in an Informal Juvenile and
Traffic Court, (whether or not it is by a juvenile hearing
officer), the following procedures and limitations apply:
A. The judge, referee, or juvenile hearing officer shall
not proceed with a hearing unless the court has been
provided with: (1) evidence that the minor's school has
undertaken the specified actions in the Education Code, as
specified; and (2) the available record of previous
attempts to address the minor's truancy.
B. The court is encouraged to set the hearing outside of
school hours, so as to avoid causing the minor to miss
additional school time
C. The minor and his/her parents shall be advised of the
minor's right to refuse consent to a hearing conducted upon
a written notice to appear.
D. The minor's parents shall be permitted to participate in
the hearing.
E. The judge, referee, or juvenile hearing officer may
continue the hearing to allow the minor the opportunity to
demonstrate improved attendance, as specified. Upon
demonstration of improved attendance, the court may dismiss
the case.
F. Upon a finding that the minor is in violation, the
judge, referee, or juvenile hearing officer may do any of
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the following:
(1) Order the minor to perform community service work,
as specified, which may be performed at the minor's
school.
(2) Order the payment of a fine not to exceed $50, as
specified. The minor, at his/her discretion, may perform
community service, as specified, in lieu of a fine.
(3) Order a combination of community service and a
portion of the $50 fine.
(4) Restrict driving privileges, as specified.
Comments
According to the author's office, this bill provides a
much-needed, moderate alternative for resolving cases of
truancy. The existing options are either unenforceable or too
complex and harsh, making it difficult for school officials and
probation officers to quickly and efficiently address this
problem. Many probation officers are hesitant to send students
to the formal Juvenile Court, where they can be classified as a
"status offender" and become a ward of the court. Truancy
issues are more appropriately handled in the more informal,
decriminalized setting of the Informal Juvenile Traffic Court.
This bill takes a variety of precautions to ensure that actions
taken by the Informal Juvenile Traffic Court are focused on
improving the student's attendance, rather than ordering
punishments.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
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
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the same cases in juvenile court.
SUPPORT : (Verified 8/5/14)
San Luis Obispo County Board of Supervisors (source)
Atascadero Unified School District
Chief Probation Officers of California
Coast Unified School District
Judicial Council of California
Juvenile Court Judges of California
San Luis Obispo County Office of Education
San Luis Obispo District Attorney
San Luis Obispo Sheriff's Office
San Miguel Joint School District
Templeton Unified School District
ASSEMBLY FLOOR : 74-0, 4/10/14
AYES: Achadjian, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Dickinson, Donnelly, Fong, Fox, Frazier, Beth
Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray,
Grove, Hagman, Hall, Harkey, Roger Hern�ndez, Holden,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Mansoor, Medina, Melendez, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, Perea, V. Manuel P�rez,
Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Skinner,
Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk,
Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Alejo, Daly, Eggman, Jones, Salas, Vacancy
JG:e 8/6/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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