Revision: Dec. 23, 2011, midnight
SB 272-FN – AS INTRODUCED
2012 SESSION
04/09
SENATE BILL 272-FN
SPONSORS: Sen. Boutin, Dist 16
This bill makes truancy a violation for any minor who is 12 years of age or older and provides for a fine for the violation.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2893
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to truancy.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; School Board; Violation for Truancy. Amend RSA 189 by inserting after section 36 the following new section:
189:36-a Truancy; Violation.
I. No person who is 12 years of age or older who violates the provisions of RSA 189:35-a or RSA 189:36 shall be considered a delinquent child under RSA 169-B or a child in need of services under RSA 169-D.
II. A minor who violates the provisions or RSA 189:35-a or RSA 189:36 shall be guilty of a violation and shall be fined not more than $25 for each offense.
2 Delinquent Children; Limitations of Authority Conferred. 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, any town or municipal ordinance which provides for a penalty not exceeding $100 plus the penalty assessment, [and shall not be construed as applying] or 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, or to any minor who is at least 12 years of age who is charged with a violation for truancy under RSA 189:36-a. 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 Services; Limitations of Authority Conferred. 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, [and shall not be construed as applying] or 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, or to any minor who is at least 12 years of age who is charged with a violation for truancy under RSA 189:36-a.
4 Effective Date. This act shall take effect 60 days after its passage.
LBAO
12-2893
12/21/11
SB 272-FN - FISCAL NOTE
AN ACT relative to truancy.
FISCAL IMPACT:
The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from the Judicial Branch and Department of Justice. When completed, the fiscal note will be forwarded to the Senate Clerk's Office.