SB2659

SECTION 1. Section 302A-1135, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-1135[]] Penalty. (a) If any child of school age persists in being absent from school, an administrative hearings officer, upon a proper petition, citation, or complaint being made by a teacher or any other officer or agent of the department, or police officer, or any other person, shall cause the child, and the child's parent or guardian or other person having charge of the child, to be summoned to appear before the administrative hearings officer. Upon a determination by an administrative hearings officer that the person responsible for the child did not use proper diligence to enforce the child's regular attendance at school, the responsible party shall be fined:

(1) Not more than $500 for a first offense;

(2) Not more than $700 for a second offense; and

(3) Not more than $900 for a third offense and any subsequent offenses.

Any action taken to impose or collect the penalty provided in this subsection shall be considered a civil action.

(b) If any child of school age persists in [~~absenting oneself~~] being absent from school, the family court [~~judge~~], upon a proper petition, citation, or complaint being made by the [~~schoolteacher~~] teacher or any other officer or agent of the department, or police officer, or any other person, shall cause the child, and the [~~father or mother,~~] parent, guardian, or other person having charge of the child, to be summoned to appear before the [~~judge.~~] court. Upon [~~its being proved~~] determination by the court that the person responsible for the child had not used proper diligence to enforce the child's regular attendance at school, the responsible party shall be [~~guilty~~]:

(1) Guilty of a petty misdemeanor[.] and sentenced to fifty hours but not more than two hundred fifty hours of community service for a first offense;

(2) Guilty of a misdemeanor and sentenced to fifty hours but not more than three hundred fifty hours of community service for a second offense;

(3) Guilty of a misdemeanor and sentenced to fifty hours but not more than four hundred fifty hours of community service for a third offense and any subsequent offenses.

(c) If a child of more than eleven years of age persists in being absent from school, an administrative hearings officer, upon a proper petition, citation, or complaint being made by a teacher or any other officer or agent of the department, or police officer, or any other person, shall cause the child, and the parent, guardian, or other person having charge of the child, to be summoned to appear before the administrative hearings officer. Upon determination by the administrative hearings officer that the child did persist in being absent from school, the administrative hearings officer shall:

(1) Place the child under formal school supervision and require the child to perform detention for:

(A) Fifty hours but not more than two hundred fifty hours for a first offense;

(B) Fifty hours but not more than three hundred fifty hours for a second offense; and

(2) Order a principal to prohibit the child from participating in one or more co-curricular activities for:

(A) Eight school days but not more than forty-two school days for a first offense;

(B) Twenty-five school days but not more than fifty-eight school days for a second offense; and

Any action taken to impose or enforce the penalty provided for in this subsection shall be considered a civil action.

(d) If a child of more than eleven years of age persists in being absent from school, the family court, upon a proper petition, citation, or complaint being made by a teacher or any other officer or agent of the department, or police officer, or any other person, shall cause the child, and the parent, guardian, or other person having charge of the child, to be summoned to appear before the court. Upon a determination by the court that the child did persist in being absent from school, the family court shall render at least one of the following:

(1) Order the examiner of drivers in the county to suspend the child's driver's license or instruction permit for:

(A) Eight calendar days but not more than forty-two calendar days for a first offense;

(B) Twenty-five calendar days but not more than fifty-eight calendar days for a second offense; and

(C) Forty-two calendar days but not more than seventy-five calendar days for a third offense and any subsequent offenses,

if the student has a driver's license or learner's permit; or

(2) Place the student under home detention or curfew, using electronic monitoring and surveillance, during those hours of the day and days of the week when the student is not required to attend school or perform detention.

(e) Nothing in this section shall be construed to require a teacher or any other office or agent of the department, or police officer, or any other person who makes a petition, citation, or complaint pursuant to this section to exhaust the administrative remedies provided in this section before bringing an action for relief in family court.

(f) This section shall not apply to any child not liable to compulsory attendance at school."

SECTION 2. Section 571-11, Hawaii Revised Statutes, is amended to read as follows:

"§571-11 Jurisdiction; children. Except as otherwise provided in this chapter[,] and section 302A-1135, the court shall have exclusive original jurisdiction in proceedings:

(1) Concerning any person who is alleged to have committed an act prior to achieving eighteen years of age which would constitute a violation or attempted violation of any federal, state, or local law or municipal ordinance. Regardless of where the violation occurred, jurisdiction may be taken by the court of the circuit where the person resides, is living, or is found, or in which the offense is alleged to have occurred[.];

(2) Concerning any child living or found within the circuit:

(A) Who is neglected as to or deprived of educational services because of the failure of any person or agency to exercise that degree of care for which it is legally responsible[.];

(B) Who is beyond the control of the child's parent or other custodian or whose behavior is injurious to the child's own or others' welfare;

(C) Who is neither attending school nor receiving educational services required by law whether through the child's own misbehavior or nonattendance or otherwise; or

(D) Who is in violation of curfew;

(3) To determine the custody of any child or appoint a guardian of any child[.];

(4) For the adoption of a person under chapter 578[.];

(5) For the termination of parental rights under sections 571-61 to 571-63[.];

(6) For judicial consent to the marriage, employment, or enlistment of a child, when such consent is required by law[.];

(7) For the treatment or commitment of a mentally defective, mentally retarded, or mentally ill child[.];

(8) Under the Interstate Compact on Juveniles under chapter 582[.];

(9) For the protection of any child under chapter 587[.]; and

(10) For a change of name as provided in section 574‑5(a)(2)(C)."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2659
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII