Sen. Dave Syverson
Filed: 5/21/2008
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1 | AMENDMENT TO HOUSE BILL 4132
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2 | AMENDMENT NO. ______. Amend House Bill 4132 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 Sections 1-2.2-20 and 11-5-9 as follows: | ||||||
6 | (65 ILCS 5/1-2.2-20)
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7 | Sec. 1-2.2-20. Instituting code hearing proceedings. When | ||||||
8 | a police
officer or other individual
authorized to issue a code | ||||||
9 | violation finds a code violation to exist, he or
she
shall note | ||||||
10 | the violation on a
multiple copy violation notice and report | ||||||
11 | form that indicates (i) the name and
address
of the defendant, | ||||||
12 | (ii) the
type and nature of the violation, (iii) the date and | ||||||
13 | time the violation was
observed,
and (iv) the names of
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14 | witnesses to the violation.
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15 | The violation report form shall be forwarded to the code | ||||||
16 | hearing department
where a docket
number shall be stamped on |
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1 | all copies of the report and a hearing date shall be
noted
in | ||||||
2 | the blank spaces
provided for that purpose on the form. The | ||||||
3 | hearing date shall not be less than
30 nor more than 40
days | ||||||
4 | after the violation is reported.
However, if the code violation | ||||||
5 | involves a municipal ordinance regulating truants, the hearing | ||||||
6 | date shall not be less than 7 nor more than 40 days after the | ||||||
7 | violation is reported.
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8 | One copy of the violation report form shall be maintained | ||||||
9 | in the files of the
code hearing
department and shall be part | ||||||
10 | of the record of hearing, one copy of the report
form shall be | ||||||
11 | returned to
the individual representing the municipality in the | ||||||
12 | case so that he or she may
prepare evidence of the code
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13 | violation for presentation at the hearing on the date | ||||||
14 | indicated, and one copy
of the report form shall be
served by | ||||||
15 | first class mail to the defendant along with a summons | ||||||
16 | commanding
the defendant to appear
at the hearing.
In | ||||||
17 | municipalities with a population under 3,000,000, if the | ||||||
18 | violation report form requires the respondent to
answer within | ||||||
19 | a certain amount of time, the
municipality must reply to the | ||||||
20 | answer within the same amount of time
afforded to the
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21 | respondent.
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22 | (Source: P.A. 94-616, eff. 1-1-06.)
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23 | (65 ILCS 5/11-5-9) | ||||||
24 | Sec. 11-5-9. Truants. The corporate authorities of any | ||||||
25 | municipality may adopt ordinances to regulate truants within |
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1 | its jurisdiction. These ordinances may include a graduated fine | ||||||
2 | schedule for repeat violations, which may not exceed $100, or | ||||||
3 | community service, or both, for violators 13 10 years of age or | ||||||
4 | older and may provide for enforcement by citation or through | ||||||
5 | administrative hearings as determined by ordinance. If the | ||||||
6 | violator is under 13 10 years of age, the parent or custodian | ||||||
7 | of the violator is subject to the fine or community service, or | ||||||
8 | both. As used in this Section, "truants" means persons who are | ||||||
9 | within the definition of "truant" in Section 26-2a of the | ||||||
10 | School Code. Local officials or authorities that enforce, | ||||||
11 | prosecute, or adjudicate municipal ordinances adopted under | ||||||
12 | this Section or that work with school districts to address | ||||||
13 | truancy problems are designated as (i) part of the juvenile | ||||||
14 | justice system, established by the Juvenile Court Act of 1987, | ||||||
15 | and (ii) "juvenile authorities" within the definition set forth | ||||||
16 | in subdivision (6.5) of subsection (a) of Section 6 of the | ||||||
17 | Illinois School Student Records Act. Because truancy is a | ||||||
18 | gateway to crime and one of the most powerful predictors of | ||||||
19 | juvenile delinquent behavior, a school district may disclose | ||||||
20 | educational records relating to attendance to these juvenile | ||||||
21 | authorities if the school district determines that the | ||||||
22 | disclosure will enhance the juvenile justice system's ability | ||||||
23 | to effectively serve, prior to adjudication, the student whose | ||||||
24 | records are released. Enforcement of a municipal ordinance | ||||||
25 | adopted under this Section is pre-adjudicatory because it helps | ||||||
26 | minors avoid adjudicatory hearings under the Juvenile Court Act |
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1 | of 1987. A school district may make a disclosure authorized | ||||||
2 | under this Section only if the juvenile authority certifies in | ||||||
3 | writing to the school district that the information will not be | ||||||
4 | disclosed, without prior written consent of the parent or | ||||||
5 | custodian of the student, to any other individual or entity, | ||||||
6 | except as otherwise provided under State law. A home rule unit | ||||||
7 | may not regulate truants in a manner inconsistent with the | ||||||
8 | provisions of this Section. This Section is a limitation under | ||||||
9 | subsection (i) of Section 6 of Article VII of the Illinois | ||||||
10 | Constitution on the concurrent exercise by home rule units of | ||||||
11 | the powers and functions exercised by the State.
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12 | (Source: P.A. 94-1011, eff. 7-7-06.)
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13 | Section 99. Effective date. This Act takes effect July 1, | ||||||
14 | 2008.".
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