THE SENATE

S.B. NO.

590

THIRTIETH LEGISLATURE, 2019

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to education.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 302A-1133.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  [The failure of a student to meet the requirements for regular attendance and punctuality shall subject the student's parent, parents, or guardian to the penalties provided in section 302A-1135.]  Destruction of school property by a student, in addition to all other legal action that may be taken, shall subject the student's parent, parents, or guardian to proceedings under section 302A-1153, as appropriate."

     SECTION 2.  Section 302A-1136, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§302A-1136[]]  Enforcement.  The department shall be charged with the enforcement of sections 302A-1132 to [302A-1135.] 302A-1134.6.  Nothing in this section shall relieve any chief of police or police officer of the chief's or officer's responsibility for the enforcement of these sections, but their enforcement shall be subject to the plans and policies of the department."

     SECTION 3.  Section 571-14, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Except as provided in sections 603-21.5 and 604-8, the court shall have exclusive original jurisdiction:

     (1)  To try any offense committed against a child by the child's parent or guardian or by any other person having the child's legal or physical custody, and any violation of section 707-726, 707-727, 709-902, 709-903, 709-903.5, 709-904, 709-905, or 709-906[, or 302A-1135], whether or not included in other provisions of this paragraph or paragraph (2);

     (2)  To try any adult charged with:

          (A)  Deserting, abandoning, or failing to provide support for any person in violation of law;

          (B)  An offense, other than a felony, against the person of the defendant's husband or wife;

          (C)  Any violation of an order issued pursuant to chapter 586; or

          (D)  Any violation of an order issued by a family court judge.

     In any case within paragraph (1) or (2), the court, in its discretion, may waive its jurisdiction over the offense charged;

     (3)  In all proceedings under chapter 580, and in all proceedings under chapter 584;

     (4)  In proceedings under chapter 575, the Uniform Desertion and Nonsupport Act, and under chapter 576B, the Uniform Interstate Family Support Act;

     (5)  For commitment of an adult alleged to be mentally defective or mentally ill;

     (6)  In all proceedings for support between parent and child or between husband and wife;

     (7)  In all proceedings for pre-trial detention or waiver of jurisdiction over an adult who was a child at the time of an alleged criminal act as provided in section 571-13 or 571-22;

     (8)  In all proceedings under chapter 586, Domestic Abuse Protective Orders; and

     (9)  For the protection of vulnerable adults under chapter 346, part X.

     In any case within paragraph (3), (4), or (6), the attorney general, through the child support enforcement agency, may exercise concurrent jurisdiction as provided in chapter 576E."

     SECTION 4.  Section 302A-1135, Hawaii Revised Statutes, is repealed.

     ["[§302A-1135]  Penalty.  If any child of school age persists in absenting oneself from school, the family court judge, upon a proper petition, citation, or complaint being made by the schoolteacher 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, guardian, or other person having charge of the child, to be summoned to appear before the judge.  Upon its being proved 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 of a petty misdemeanor.  This section shall not apply to any child not liable to compulsory attendance at school."]

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

 

 

Report Title:

Department of Education; Absenteeism; Enforcement; Penalties

 

Description:

Repeals provision that imposes petty misdemeanor penalty on the child, and father or mother, guardian, or other person having charge of the child, if the child persists in absenting oneself from school.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.