2001 SESSION

01-2412

04/10

HOUSE BILL 1408

COMMITTEE: Children and Family Law

ANALYSIS

This bill revises the law regulating truancy by providing that any person 13 years of age and not more than 17 years of age may be issued a summons to appear in district court to answer truancy charges and that a parent shall be notified of a child's truancy hearing and shall be required to appear with the child at the hearing.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-2412

04/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Pupils; Local Ordinances Regulating Truancy. RSA 193:16 is repealed and reenacted to read as follows:

193:16 Local Ordinances Regulating Truancy.

I. A city or town may pass ordinances that make it a violation for any pupil enrolled in school to fail to attend school for the entire school day, while school is in session, unless the pupil is excused pursuant to administrative procedures established by the school district or school administrative unit.

II. Notwithstanding any provision of law to the contrary, any person age 13 or older may be issued a summons to appear in district court to answer for a violation of any ordinance adopted under this section.

III. Any truant officer or police officer issuing a summons for truancy to anyone at least 13 years of age, but not more than 17 years of age, shall insure that a parent or guardian is notified of the summons, the circumstances of the violation, the date that the court appearance is required, and the requirement that a parent or guardian accompany the child to court.

IV. It shall be a violation for a parent or guardian, once notified of a truancy violation under this section, to fail to appear in court with the child charged with truancy. A registered letter, return receipt requested, shall be considered prima facie evidence of notification under this section.

V. The maximum fine for a violation of any ordinance passed under this section shall be $100 plus penalty assessment.

2 Delinquent Children; Limitations of Authority. Amend RSA 169-B:32 to read as follows:

169-B:32 Limitations of Authority Conferred. This chapter shall not be construed as applying to persons 16 years of age or over who are charged with the violation of a motor vehicle law, an aeronautics law, a law relating to navigation or boats, a fish and game law, a law relating to title XIII, a law relating to fireworks under RSA 160-B or RSA 160-C, a law relating to any minor charged as a truant under RSA 193:16, any town or municipal ordinance which provides for a penalty not exceeding $100 plus the penalty assessment, and shall not be construed as applying to any minor charged with the violation of any law relating to the possession, sale, or distribution of tobacco products to or by a person under 18 years of age. However, if incarceration takes place at any stage in proceedings on such violations, incarceration shall be only in a juvenile facility certified by the commissioner of the department of health and human services.

3 Children in Need of Service; Limitations of Authority. Amend RSA 169-D:22 to read as follows:

169-D:22 Limitations of Authority Conferred. This chapter shall not be construed as applying to persons 16 years of age or over who are charged with the violation of a motor vehicle law, an aeronautics law, a law relating to navigation of boats, a fish and game law, a law relating to title XIII, or a law relating to fireworks under RSA 160-B or RSA 160-C, a law relating to any minor charged as a truant under RSA 193:16, and shall not be construed as applying to any minor charged with the violation of any law relating to the possession, sale, or distribution of tobacco products to or by a person under 18 years of age.

4 Repeal. RSA 193:18, relative to suspension of sentence for truants, is repealed.

5 Effective Date. This act shall take effect January 1, 2003.