Rep. Charles E. Jefferson
Filed: 5/6/2008
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1 | AMENDMENT TO HOUSE BILL 2310
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2 | AMENDMENT NO. ______. Amend House Bill 2310 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Municipal Code is amended by | ||||||
5 | changing Section 11-5-9 as follows: | ||||||
6 | (65 ILCS 5/11-5-9) | ||||||
7 | Sec. 11-5-9. Truants. The corporate authorities of any | ||||||
8 | municipality may adopt ordinances to regulate truants within | ||||||
9 | its jurisdiction. These ordinances may include a graduated fine | ||||||
10 | schedule for repeat violations, which may not exceed $100, or | ||||||
11 | community service, or both, for violators 13 10 years of age or | ||||||
12 | older and may provide for enforcement by citation or through | ||||||
13 | administrative hearings as determined by ordinance. If the | ||||||
14 | violator is under 13 10 years of age, the parent or custodian | ||||||
15 | of the violator is subject to the fine or community service, or | ||||||
16 | both. As used in this Section, "truants" means persons who are |
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1 | within the definition of "truant" in Section 26-2a of the | ||||||
2 | School Code. Local officials or authorities that enforce, | ||||||
3 | prosecute, or adjudicate municipal ordinances adopted under | ||||||
4 | this Section or that work with school districts to address | ||||||
5 | truancy problems are designated as (i) part of the juvenile | ||||||
6 | justice system, established by the Juvenile Court Act of 1987, | ||||||
7 | and (ii) "juvenile authorities" within the definition set forth | ||||||
8 | in subsection (a)(6.5) of Section 10-6 of the Illinois School | ||||||
9 | Student Record Act. Because truancy is a gateway to crime and | ||||||
10 | one of the most powerful predictors of juvenile delinquent | ||||||
11 | behavior, a school district may disclose education records | ||||||
12 | relating to attendance to juvenile authorities if the school | ||||||
13 | district determines that the disclosure will enhance the | ||||||
14 | juvenile justice system's ability to effectively serve, prior | ||||||
15 | to adjudication, the student whose records are released. | ||||||
16 | Enforcement of a municipal ordinance adopted under this Section | ||||||
17 | is pre-adjudicatory because it helps minors avoid adjudicatory | ||||||
18 | hearings under the Juvenile Court Act of 1987. A school | ||||||
19 | district may make a disclosure authorized under this Section | ||||||
20 | only if the juvenile authority certifies in writing to the | ||||||
21 | school district that the information will not be disclosed, | ||||||
22 | without prior written consent of the parent or custodian of the | ||||||
23 | student, to any other individual or entity, except as otherwise | ||||||
24 | provided under State law. A home rule unit may not regulate | ||||||
25 | truants in a manner inconsistent with the provisions of this | ||||||
26 | Section. This Section is a limitation under subsection (i) of |
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1 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
2 | concurrent exercise by home rule units of the powers and | ||||||
3 | functions exercised by the State.
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4 | (Source: P.A. 94-1011, eff. 7-7-06.)".
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