|
|
|
|
SB2743 Enrolled |
|
LRB095 16663 HLH 42694 b |
|
|
| 1 |
| AN ACT concerning local government.
|
| 2 |
| Be it enacted by the People of the State of Illinois,
|
| 3 |
| represented in the General Assembly:
|
| 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)
|
| 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
|
| 14 |
| witnesses to the violation.
|
| 15 |
| The violation report form shall be forwarded to the code |
| 16 |
| hearing department
where a docket
number shall be stamped on |
| 17 |
| all copies of the report and a hearing date shall be
noted
in |
| 18 |
| the blank spaces
provided for that purpose on the form. The |
| 19 |
| hearing date shall not be less than
30 nor more than 40
days |
| 20 |
| after the violation is reported.
However, if the code violation |
| 21 |
| involves a municipal ordinance regulating truants, the hearing |
| 22 |
| date shall not be less than 7 nor more than 40 days after the |
| 23 |
| violation is reported.
|
|
|
|
SB2743 Enrolled |
- 2 - |
LRB095 16663 HLH 42694 b |
|
|
| 1 |
| One copy of the violation report form shall be maintained |
| 2 |
| in the files of the
code hearing
department and shall be part |
| 3 |
| of the record of hearing, one copy of the report
form shall be |
| 4 |
| returned to
the individual representing the municipality in the |
| 5 |
| case so that he or she may
prepare evidence of the code
|
| 6 |
| violation for presentation at the hearing on the date |
| 7 |
| indicated, and one copy
of the report form shall be
served by |
| 8 |
| first class mail to the defendant along with a summons |
| 9 |
| commanding
the defendant to appear
at the hearing.
In |
| 10 |
| municipalities with a population under 3,000,000, if the |
| 11 |
| violation report form requires the respondent to
answer within |
| 12 |
| a certain amount of time, the
municipality must reply to the |
| 13 |
| answer within the same amount of time
afforded to the
|
| 14 |
| respondent.
|
| 15 |
| (Source: P.A. 94-616, eff. 1-1-06.)
|
| 16 |
| (65 ILCS 5/11-5-9) |
| 17 |
| Sec. 11-5-9. Truants. The corporate authorities of any |
| 18 |
| municipality may adopt ordinances to regulate truants within |
| 19 |
| its jurisdiction. These ordinances may include a graduated fine |
| 20 |
| schedule for repeat violations, which may not exceed $100, or |
| 21 |
| community service, or both, for violators 13 10 years of age or |
| 22 |
| older and may provide for enforcement by citation or through |
| 23 |
| administrative hearings as determined by ordinance. If the |
| 24 |
| violator is under 13 10 years of age, the parent or custodian |
| 25 |
| of the violator is subject to the fine or community service, or |
|
|
|
SB2743 Enrolled |
- 3 - |
LRB095 16663 HLH 42694 b |
|
|
| 1 |
| both. As used in this Section, "truants" means persons who are |
| 2 |
| within the definition of "truant" in Section 26-2a of the |
| 3 |
| School Code. Local officials or authorities that enforce, |
| 4 |
| prosecute, or adjudicate municipal ordinances adopted under |
| 5 |
| this Section or that work with school districts to address |
| 6 |
| truancy problems are designated as (i) part of the juvenile |
| 7 |
| justice system, established by the Juvenile Court Act of 1987, |
| 8 |
| and (ii) "juvenile authorities" within the definition set forth |
| 9 |
| in subsection (a)(6.5) of Section 10-6 of the Illinois School |
| 10 |
| Student Record Act. Because truancy is a gateway to crime and |
| 11 |
| one of the most powerful predictors of juvenile delinquent |
| 12 |
| behavior, a school district may disclose education records |
| 13 |
| relating to attendance to juvenile authorities if the school |
| 14 |
| district determines that the disclosure will enhance the |
| 15 |
| juvenile justice system's ability to effectively serve, prior |
| 16 |
| to adjudication, the student whose records are released. |
| 17 |
| Enforcement of a municipal ordinance adopted under this Section |
| 18 |
| is pre-adjudicatory because it helps minors avoid adjudicatory |
| 19 |
| hearings under the Juvenile Court Act of 1987. A school |
| 20 |
| district may make a disclosure authorized under this Section |
| 21 |
| only if the juvenile authority certifies in writing to the |
| 22 |
| school district that the information will not be disclosed, |
| 23 |
| without prior written consent of the parent or custodian of the |
| 24 |
| student, to any other individual or entity, except as otherwise |
| 25 |
| provided under State law. A home rule unit may not regulate |
| 26 |
| truants in a manner inconsistent with the provisions of this |