Rep. John J. Millner
Filed: 3/31/2004
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1 | AMENDMENT TO HOUSE BILL 6415
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2 | AMENDMENT NO. ______. Amend House Bill 6415 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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 | ||||||
21 | business operated for a profit to which the public is | ||||||
22 | invited including but not limited to any place of amusement | ||||||
23 | or entertainment. | ||||||
24 | (4) "Guardian" means: |
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1 | (A) a person who, under court order, is the | ||||||
2 | guardian of the person of a minor; or | ||||||
3 | (B) a public or private agency with whom a minor | ||||||
4 | has been placed by a court. | ||||||
5 | (5) "Minor" means any person under 17 years of age. | ||||||
6 | (6) "Operator" means any individual, firm, | ||||||
7 | association, partnership, or corporation operating, | ||||||
8 | managing, or conducting any establishment. The term | ||||||
9 | includes the members or partners of an association or | ||||||
10 | partnership and the officers of a corporation. | ||||||
11 | (7) "Parent" means a person who is: | ||||||
12 | (A) a natural parent, adoptive parent, or | ||||||
13 | step-parent of another person; or | ||||||
14 | (B) at least 18 years of age and authorized by a | ||||||
15 | parent or guardian to have the care and custody of a | ||||||
16 | minor. | ||||||
17 | (8) "Public Place" means any place to which the public | ||||||
18 | or a substantial group of the public has access and | ||||||
19 | includes but is not limited to streets, highways, and the | ||||||
20 | common areas of schools, hospitals, apartment houses, | ||||||
21 | office buildings, transport facilities, and shops. | ||||||
22 | (9) "Remain" means to: | ||||||
23 | (A) linger or stay; or | ||||||
24 | (B) fail to leave premises when requested to do so | ||||||
25 | by a police officer or the owner, operator, or other | ||||||
26 | person in control of the premises. | ||||||
27 | (10) "Serious bodily injury" means bodily injury that | ||||||
28 | creates a substantial risk of death or that causes death, | ||||||
29 | serious permanent disfigurement, or protracted loss or | ||||||
30 | impairment of the function of any bodily member or organ. | ||||||
31 | (b) Offenses. | ||||||
32 | (1) A minor commits an offense if he or she remains in | ||||||
33 | any public place or on the premises of any establishment | ||||||
34 | during curfew hours. |
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1 | (2) A parent or guardian of a minor commits an offense | ||||||
2 | if he or she knowingly permits, or by insufficient control | ||||||
3 | allows, the minor to remain in any public place or on the | ||||||
4 | premises of any establishment during curfew hours. | ||||||
5 | (3) The owner, operator, or any employee of an | ||||||
6 | establishment commits an offense if he or she knowingly | ||||||
7 | allows a minor to remain upon the premises of the | ||||||
8 | establishment during curfew hours. | ||||||
9 | (c) Defenses. | ||||||
10 | (1) It is a defense to prosecution under subsection (b) | ||||||
11 | that the minor was: | ||||||
12 | (A) accompanied by the minor's parent or guardian; | ||||||
13 | (B) on an errand at the direction of the minor's | ||||||
14 | parent or guardian, without any detour or stop; | ||||||
15 | (C) in a motor vehicle involved in interstate | ||||||
16 | travel; | ||||||
17 | (D) engaged in an employment activity or going to | ||||||
18 | or returning home from an employment activity, without | ||||||
19 | any detour or stop; | ||||||
20 | (E) involved in an emergency; | ||||||
21 | (F) on the sidewalk abutting the minor's residence | ||||||
22 | or abutting the residence of a next-door neighbor if | ||||||
23 | the neighbor did not complain to the police department | ||||||
24 | about the minor's presence; | ||||||
25 | (G) attending an official school, religious, or | ||||||
26 | other recreational activity supervised by adults and | ||||||
27 | sponsored by a government or governmental agency, a | ||||||
28 | civic organization, or another similar entity that | ||||||
29 | takes responsibility for the minor, or going to or | ||||||
30 | returning home from, without any detour or stop, an | ||||||
31 | official school, religious, or other recreational | ||||||
32 | activity supervised by adults and sponsored by a | ||||||
33 | government or governmental agency, a civic | ||||||
34 | organization, or another similar entity that takes |
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1 | responsibility for the minor; | ||||||
2 | (H) exercising First Amendment rights protected by | ||||||
3 | the United States Constitution, such as the free | ||||||
4 | exercise of religion, freedom of speech, and the right | ||||||
5 | of assembly; or | ||||||
6 | (I) married or had been married or is an | ||||||
7 | emancipated minor under the Emancipation of Minors | ||||||
8 | Act. | ||||||
9 | (2) It is a defense to prosecution under clause (b)(3) | ||||||
10 | that the owner, operator, or employee of an establishment | ||||||
11 | promptly notified the appropriate local law enforcement | ||||||
12 | agency that a minor was present on the premises of the | ||||||
13 | establishment during curfew hours and refused to leave. | ||||||
14 | (d) Enforcement. Before taking any enforcement action | ||||||
15 | under this Section, a law enforcement officer shall ask the | ||||||
16 | apparent offender's age and reason for being in the public | ||||||
17 | place. The officer shall not issue a citation or make an arrest | ||||||
18 | under this Section unless the officer reasonably believes that | ||||||
19 | an offense has occurred and that, based on any response and | ||||||
20 | other circumstances, no defense in subsection (c) is present.
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21 | It is unlawful for a person less than 17 years of age to be
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22 | present at or upon any public assembly, building, place, street | ||||||
23 | or highway
at the following times unless accompanied and | ||||||
24 | supervised by a parent, legal
guardian, or other responsible | ||||||
25 | companion at least 18 years of age approved
by a parent or | ||||||
26 | legal guardian or unless engaged in a business or occupation
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27 | which the laws of this State authorize a person less than 17 | ||||||
28 | years of age
to perform:
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29 | 1. Between 12:01 a.m. and 6:00 a.m.
Saturday;
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30 | 2. Between 12:01 a.m. and 6:00 a.m.
Sunday; and
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31 | 3. Between 11:00 p.m. on Sunday to Thursday, inclusive,
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32 | and 6:00 a.m. on the following day.
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33 | (b) It is unlawful for a parent, legal guardian, or other | ||||||
34 | person to
knowingly permit a person in his or her custody or |
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1 | control to violate
subparagraph
(a) of this Section.
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2 | (e)
(c) A person convicted of a violation of any provision | ||||||
3 | of this Section
shall be guilty of a petty offense and shall be | ||||||
4 | fined not less than
$10 nor
more than $500, except that neither | ||||||
5 | a person who has been made a ward of the
court under the | ||||||
6 | Juvenile Court Act of 1987, nor that person's legal guardian,
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7 | shall be subject to any fine. In addition to or instead of the
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8 | fine imposed
by this Section, the court may order a parent, | ||||||
9 | legal guardian, or other person
convicted of a violation of | ||||||
10 | subsection (b) of this
Section to perform community service as | ||||||
11 | determined by the court, except that
the legal guardian of a | ||||||
12 | person who has been made a ward of the court under the
Juvenile | ||||||
13 | Court Act of 1987 may not be ordered to perform community | ||||||
14 | service.
The dates and
times established for the performance of | ||||||
15 | community service by the parent, legal
guardian, or other | ||||||
16 | person convicted of a violation of subsection (b) of this
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17 | Section shall not conflict with the dates and times that the | ||||||
18 | person is
employed in his or her regular occupation.
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19 | (Source: P.A. 89-682, eff. 1-1-97.)
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20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.".
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