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1 | AN ACT in relation to minors.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Child Curfew Act is amended by changing | ||||||
5 | Section 1 as follows:
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6 | (720 ILCS 555/1) (from Ch. 23, par. 2371)
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7 | Sec. 1. Curfew.
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8 | (a) Definitions. In this Section. | ||||||
9 | (1) "Curfew hours" means: | ||||||
10 | (A) Between 12:01 a.m. and 6:00 a.m. Saturday; | ||||||
11 | (B) Between 12:01 a.m. and 6:00 a.m. on Sunday; and | ||||||
12 | (C) Between 11:00 p.m. on Sunday to Thursday, | ||||||
13 | inclusive, and 6:00 a.m. on the following day. | ||||||
14 | (2) "Emergency" means an unforeseen combination of | ||||||
15 | circumstances or the resulting state that calls for | ||||||
16 | immediate action. The term includes, but is not limited to | ||||||
17 | a fire, a natural disaster, an automobile accident, or any | ||||||
18 | situation requiring immediate action to prevent serious | ||||||
19 | bodily injury or loss of life. | ||||||
20 | (3) "Establishment" means any privately-owned place of
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21 | business operated for a profit to which the public is
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22 | invited including but not limited to any place of amusement
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23 | or entertainment.
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24 | (4) "Guardian" means: | ||||||
25 | (A) a person who, under court order, is the | ||||||
26 | guardian of the person of a minor; or | ||||||
27 | (B) a public or private agency with whom a minor | ||||||
28 | has been placed by a court. | ||||||
29 | (5) "Minor" means any person under 17 years of age. | ||||||
30 | (6) "Parent" means a person who is: | ||||||
31 | (A) a natural parent, adoptive parent, or | ||||||
32 | step-parent of another person; or |
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1 | (B) at least 18 years of age and authorized by a | ||||||
2 | parent or guardian to have the care and custody of a | ||||||
3 | minor. | ||||||
4 | (7) "Public Place" means any place to which the public | ||||||
5 | or a substantial group of the public has access and | ||||||
6 | includes but is not limited to streets, highways, and the | ||||||
7 | common areas of schools, hospitals, apartment houses, | ||||||
8 | office buildings, transport facilities, and shops. | ||||||
9 | (8) "Remain" means to: | ||||||
10 | (A) linger or stay; or | ||||||
11 | (B) fail to leave premises when requested to do so | ||||||
12 | by a police officer or the owner, operator, or other | ||||||
13 | person in control of the premises. | ||||||
14 | (9) "Serious bodily injury" means bodily injury that | ||||||
15 | creates a substantial risk of death or that causes death, | ||||||
16 | serious permanent disfigurement, or protracted loss or | ||||||
17 | impairment of the function of any bodily member or organ. | ||||||
18 | (b) Offenses. | ||||||
19 | (1) A minor commits an offense if he or she remains in | ||||||
20 | any public place or on the premises of any establishment | ||||||
21 | during curfew hours. | ||||||
22 | (2) A parent or guardian of a minor or other person in | ||||||
23 | custody or control of a minor commits an offense if he or | ||||||
24 | she knowingly permits the minor to remain in any public | ||||||
25 | place or on the premises of any establishment during curfew | ||||||
26 | hours. | ||||||
27 | (c) Defenses. It is a defense to prosecution under | ||||||
28 | subsection (b) that the minor was: | ||||||
29 | (A) accompanied by the minor's parent or guardian | ||||||
30 | or other person in custody or control of the minor; | ||||||
31 | (B) on an errand at the direction of the minor's | ||||||
32 | parent or guardian, without any detour or stop; | ||||||
33 | (C) in a motor vehicle involved in interstate | ||||||
34 | travel; | ||||||
35 | (D) engaged in an employment activity or going to | ||||||
36 | or returning home from an employment activity, without |
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1 | any detour or stop; | ||||||
2 | (E) involved in an emergency; | ||||||
3 | (F) on the sidewalk abutting the minor's residence | ||||||
4 | or abutting the residence of a next-door neighbor if | ||||||
5 | the neighbor did not complain to the police department | ||||||
6 | about the minor's presence; | ||||||
7 | (G) attending an official school, religious, or | ||||||
8 | other recreational activity supervised by adults and | ||||||
9 | sponsored by a government or governmental agency, a | ||||||
10 | civic organization, or another similar entity that | ||||||
11 | takes responsibility for the minor, or going to or | ||||||
12 | returning home from, without any detour or stop, an | ||||||
13 | official school, religious, or other recreational | ||||||
14 | activity supervised by adults and sponsored by a | ||||||
15 | government or governmental agency, a civic | ||||||
16 | organization, or another similar entity that takes | ||||||
17 | responsibility for the minor; | ||||||
18 | (H) exercising First Amendment rights protected by | ||||||
19 | the United States Constitution, such as the free | ||||||
20 | exercise of religion, freedom of speech, and the right | ||||||
21 | of assembly; or | ||||||
22 | (I) married or had been married or is an | ||||||
23 | emancipated minor under the Emancipation of Minors | ||||||
24 | Act. | ||||||
25 | (d) Enforcement. Before taking any enforcement action | ||||||
26 | under this Section, a law enforcement officer shall ask the | ||||||
27 | apparent offender's age and reason for being in the public | ||||||
28 | place. The officer shall not issue a citation or make an arrest | ||||||
29 | under this Section unless the officer reasonably believes that | ||||||
30 | an offense has occurred and that, based on any response and | ||||||
31 | other circumstances, no defense in subsection (c) is present.
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32 | It is unlawful for a person less than 17 years of age to be
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33 | present at or upon any public assembly, building, place, street | ||||||
34 | or highway
at the following times unless accompanied and | ||||||
35 | supervised by a parent, legal
guardian, or other responsible | ||||||
36 | companion at least 18 years of age approved
by a parent or |
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1 | legal guardian or unless engaged in a business or occupation
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2 | which the laws of this State authorize a person less than 17 | ||||||
3 | years of age
to perform:
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4 | 1. Between 12:01 a.m. and 6:00 a.m.
Saturday;
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5 | 2. Between 12:01 a.m. and 6:00 a.m.
Sunday; and
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6 | 3. Between 11:00 p.m. on Sunday to Thursday, inclusive,
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7 | and 6:00 a.m. on the following day.
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8 | (b) It is unlawful for a parent, legal guardian, or other | ||||||
9 | person to
knowingly permit a person in his or her custody or | ||||||
10 | control to violate
subparagraph
(a) of this Section.
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11 | (e)
(c) A person convicted of a violation of any provision | ||||||
12 | of this Section
shall be guilty of a petty offense and shall be | ||||||
13 | fined not less than
$10 nor
more than $500, except that neither | ||||||
14 | a person who has been made a ward of the
court under the | ||||||
15 | Juvenile Court Act of 1987, nor that person's legal guardian,
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16 | shall be subject to any fine. In addition to or instead of the
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17 | fine imposed
by this Section, the court may order a parent, | ||||||
18 | legal guardian, or other person
convicted of a violation of | ||||||
19 | subsection (b) of this
Section to perform community service as | ||||||
20 | determined by the court, except that
the legal guardian of a | ||||||
21 | person who has been made a ward of the court under the
Juvenile | ||||||
22 | Court Act of 1987 may not be ordered to perform community | ||||||
23 | service.
The dates and
times established for the performance of | ||||||
24 | community service by the parent, legal
guardian, or other | ||||||
25 | person convicted of a violation of subsection (b) of this
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26 | Section shall not conflict with the dates and times that the | ||||||
27 | person is
employed in his or her regular occupation.
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28 | (Source: P.A. 89-682, eff. 1-1-97.)
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29 | Section 99. Effective date. This Act takes effect upon | ||||||
30 | becoming law.
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