| From the HSLDA E-lert Service: |
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| Date: From: Subject: | 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... ====================================================================== 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 ---------------------------------------------------------------------- -> 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? 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