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2/15/2007 2:53:55 PM
Home School Legal Defense Association
Kentucky: Bill Allows Police to Take Children into Custody--Calls Needed Today!

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From the HSLDA E-lert Service...
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February 15, 2007

Kentucky: Bill Allows Police to Take
Children into Custody--Calls Needed Today!

Dear HSLDA members and friends,

There are two bills in the Kentucky Legislature which would permit
local law enforcement officials to take children, including homeschool
children, out in public during normal school hours if they appear to
be compulsory attendance age.

Under House Bill 309 and Senate Bill 183, police could take any school
age child into custody and transport them to a facility operated by
the board of education if they suspect the child should be in school.

The purpose of this bill to enable greater authority for local school
boards to track down children who are truant from public school.
However, these bills could hinder lawful homeschool parents from
allowing their children out in public during normal school hours for
fear of their children being stopped, questioned, and possibly taken
into custody for up to two hours.

H.B. 309 and S.B. 183 would essentially create a statewide daytime
curfew.

House Bill 309 has been posted in the House Judiciary Committee. The
bill will be heard in committee this evening after the Legislature
adjourns. Please call now in opposition to these bills as requested
below.

REQUESTED ACTION:

1) Please call each of the House Judiciary Committee members listed
below today and give them this message in your own words:

"Please oppose House Bill 309 as it violates the fundamental
constitutional right to freedom of movement as guaranteed by the
Fourteenth Amendment on the public streets, highways and areas of the
city without being subjected to prior governmental restraint. This
bill would allow a police officer to stop and question any minor
without any reason to suspect a crime has been committed. This bill
would also interfere with the parents' fundamental right to direct the
upbringing and education of their children, especially for parents
with children in small private schools who often work outside the
classroom."

You do not need to identify yourself as a homeschoolers, but instead
can call as a concerned parent with children of your own.

You can also call the Toll-Free Legislative Message Line at
1-800-372-7181 to leave a message for each committee member.

House Judiciary Committee Members

Rep. Kathy W Stein (Chairman)
Legislative Phone: (502) 564-8100 Ext. 675

Rep. Darryl T. Owens (Vice Chairman)
Legislative Phone: (502) 564-8100 Ext. 685

Rep. John Vincent (Vice Chairman)
Legislative Phone: (502) 564-8100 Ext. 703

Rep. Rob Wilkey (Vice Chairman)
Legislative Phone: (502) 564-7756

Rep. Brent Yonts (Vice Chairman)
Legislative Phone: (502) 564-8100 Ext. 686

Rep. Kevin D. Bratcher
Legislative Phone: (502) 564-8100 Ext. 680

Rep. Jesse Crenshaw
Legislative Phone: (502) 564-8100 Ext. 620

Rep. Joseph M. Fischer
Legislative Phone: (502) 564-8100 Ext. 742

Rep. Derrick Graham
Legislative Phone: (502) 564-8100 Ext. 639

Rep. Jeff Hoover
Legislative Phone: (502) 564-0521

Rep. Stan Lee
Legislative Phone: (502) 564-4334

Rep. Frank Rasche
Legislative Phone: (502) 564-8100 Ext. 634

Rep. Steven Rudy
Legislative Phone: (502) 564-8100 Ext. 637

Rep. Arnold Simpson
Legislative Phone: (502) 564-8100 Ext. 695

Rep. Robin L. Webb
Legislative Phone: (502) 564-8100 Ext. 684

2) Please call and email your state senator and give them this message
in your own words:

"Please oppose Senate Bill 183 as it violates the fundamental
constitutional right to freedom of movement as guaranteed by the
Fourteenth Amendment on the public streets, highways and areas of the
city without being subjected to prior governmental restraint. This
bill would allow a police officer to stop and question any minor
without any reason to suspect a crime has been committed. This bill
would also interfere with the parents' fundamental right to direct the
upbringing and education of their children, especially for parents
with children in small private schools who often work outside the
classroom."

You do not need to identify yourself as a homeschoolers, but instead
can call as a concerned parent with children of your own.

To find the name and contact information for your state senator use
HSLDA's legislative toolbox at http://www.hslda.org/toolbox . You can
also call the Toll-Free Legislative Message Line at 1-800-372-7181 to
leave a message for your senator.

BACKGROUND:

> House Bill 309 and Senate Bill 183 would violate a minor's
fundamental constitutional right to freedom of movement as guaranteed
by the Fourteenth Amendment on the public streets, highways and areas
of the city without being subjected to prior governmental restraint.

> H.B. 309 and S.B. 183 would violate the fundamental legal principle
of the presumption of innocence. This presumption is protected by the
Due Process Clause of the Fourteenth and Fifth Amendments to the
United States Constitution.

> H.B. 309 and S.B. 183 would result in violations of the minors'
Fourth Amendment rights to be secure against unreasonable searches and
seizures. A policeman should not stop and question anyone unless there
are actual facts that make it reasonable to suspect that a crime has
occurred. If a policeman stops and questions a person without such
facts, it is a violation of the citizen's rights under the Fourth
Amendment.

> H.B. 309 and S.B. 183 would interfere with the parents' fundamental
right to direct the upbringing and education of their children,
especially for parents with children in small private schools who
often work outside the classroom.

> H.B. 309 and S.B. 183 are attempts to beef-up the truancy laws in
Kentucky. There is no need for new laws addressing the issue of
truancy. The present laws addressing minors simply need to be
enforced.

> H.B. 309 and S.B. 183 would result in selective enforcement. Since
officers will not be stopping every juvenile during school hours to
check their identification, they will be selective. This opens up the
extremely dangerous potential for unequal treatment of minors based
upon race, appearance, dress, etc. This type of ordinance will simply
divert attention from real crime prevention programs and interfere
with effective police work.

> There is no evidence that this type of legislation would
significantly reduce juvenile crime during school hours. Statistics
demonstrate that there is very little juvenile crime during these
hours even when there is no legislation like H.B. 309 and S.B. 183.
Additionally, the serious juvenile law-breaker will not be deterred by
these bills. However, hundreds, if not thousands of innocent minors
will suffer the inconvenience of unwarranted stops, detentions and
harassment, not to mention the added cost for taxpayers for the
enforcement of these bills.

> H.B. 309 and S.B. 183 would dangerously train young citizens to
accept, as normal, constraints that are inconsistent with the freedom
they should be educated to enjoy and use responsibly in their adult
years.

> H.B. 309 and S.B. 183 sends a message to self-disciplined and
responsible young people that the community makes no distinction
between them and irresponsible adults who abuse freedom in ways
detrimental to the community.

> H.B. 309 and S.B. 183 would will likely result in registration of
privately educated students with police departments with the attendant
issuance of identification cards and badges.

For more information on daytime curfews, please see our analysis of
this issue at http://www.hslda.org/elink.asp?ID=2102 .

Please sent this around to any of your homeschool friend and get the
word out on these dangerous bills. Your calls are vital to stopping
these bills. Please call now!

If you are not yet a member of HSLDA and would like to help us fight
for greater parental rights and homeschool freedom in Kentucky please
visit http://www.hslda.org/join/apply.asp .

If you would like to be put on our e-mail list to receive vital
e-lerts you may sign up at
https://secure.hslda.org/hslda/elert/account.asp?Process=Subscribe .

Thank you for your calls on behalf of parents rights in Kentucky.


Sincerely,
Thomas J. (Tj) Schmidt
Staff Attorney

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-> Who's knocking on your door?

When a social service worker arrives at your door, tension can run
high. Wouldn't it be nice to get your lawyer on the phone,
providing you with immediate step-by-step guidance?

More reasons to join HSLDA...
http://www.hslda.org/elink.asp?id=1099

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