HCS HB 317 -- JUVENILE OFFENSES

SPONSOR:  Smith (Ostmann)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Science,
Technology and Critical Issues by a vote of 11 to 5.

This substitute requires new pupils to register in a school
district accompanied by a parent or guardian or provide an
affidavit stating the reasons why the parent cannot accompany
the pupil.  The parent, guardian, or the pupil must provide a
form of proof that the pupil is eligible to register in the
district.

A hardship or good cause is basis for a waiver to be granted by
the district board, and an adverse decision is appealable by an
aggrieved party.  Any person submitting false information in
satisfying any of the registration requirements is guilty of
making a false affidavit.  The school board may institute a
civil action to recover costs of education for any pupil whose
registration was based on false information.  Written
reciprocity agreements between school districts are allowed.
The registration requirements will not apply to a homeless
child, as defined by the substitute.

Any public elementary or secondary school must comply with a
request to forward a copy of a transferring student's record to
the new school.

The substitute also establishes the crime of theft of education
services as a class B misdemeanor if the value of services
unlawfully obtained is greater than $150 and otherwise, as a
class C misdemeanor.  Theft of education services is defined in
the substitute.  Exceptions are made to this definition where
lawful arrangements are made for the receipt of education
services outside the school district of residence.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that the bill allows the school
districts that receive the transferring pupils to become aware
of any disciplinary problems, prior felonies, gang activities,
or drug involvements.

Testifying for the bill were Representative Ostmann; Police
Chief Kernan, O'Fallon, Missouri; and Dave Buehrle, Lead Officer
of the Great Program/Dare Program of O'Fallon.

OPPONENTS:  There was no opposition voiced to the committee.

Michael Warrick, Research Analyst

HB 317 -- Juvenile Offenses

Sponsor:  Ostmann

This bill expands the conditions under which juvenile records
must be made available.  Juvenile records of any offense that
would have been a felony if committed by an adult or any act
involving the threat or rendering of serious physical injury
must be released upon request to specified school district
designees, law enforcement officials, prosecuting attorneys, the
Division of Youth Services, and the Department of Corrections.

The bill also increases the limit on restitution for juvenile
offenses from the current limit of $2,000 to $4,000.

The bill requires offenders, other than those remanded for drug
offenses, who have been convicted of 1, 2, 3 or more dangerous
felonies to serve 40%, 50%, and 80% of their sentences
respectively.  Under current law, these offenders must serve
40%,50%, or 80% of their sentences if remanded to the Department
of Corrections for all felony offenses.  A juvenile court
adjudication for an offense which would have been a dangerous
felony if committed by an adult, will be considered a prior
conviction.  Dangerous felony is defined in the bill as: armed
criminal action, burglary, causing catastrophe, felonious
restraint, forcible rape, forcible sodomy, kidnapping, voluntary
manslaughter, murder, robbery, or the attempt to commit any of
these crimes.

This bill establishes the crime of theft of education services
as a class B misdemeanor if the value of services unlawfully
obtained is greater than $150 and otherwise, as a class C
misdemeanor.  Theft of education services is defined as
personally obtaining or attempting to obtain education services,
or assisting another person in these actions, from a school
district other than the district where the student resides.
Exceptions are made to this definition where lawful arrangements
are made for the receipt of education services outside of the
school district of residence.