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Juvenile Justice Reform Committee
Adopted in House Comm. on May 30, 2008
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09500SB2743ham001 |
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LRB095 16663 RLJ 51626 a |
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| AMENDMENT TO SENATE BILL 2743
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| AMENDMENT NO. ______. Amend Senate Bill 2743 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Illinois Municipal Code is amended by |
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| changing Sections 1-2.2-20 and 11-5-9 as follows:
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| (65 ILCS 5/1-2.2-20)
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| Sec. 1-2.2-20. Instituting code hearing proceedings. When |
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| a police
officer or other individual
authorized to issue a code |
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| violation finds a code violation to exist, he or
she
shall note |
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| the violation on a
multiple copy violation notice and report |
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| form that indicates (i) the name and
address
of the defendant, |
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| (ii) the
type and nature of the violation, (iii) the date and |
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| time the violation was
observed,
and (iv) the names of
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| witnesses to the violation.
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| The violation report form shall be forwarded to the code |
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| hearing department
where a docket
number shall be stamped on |
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LRB095 16663 RLJ 51626 a |
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| all copies of the report and a hearing date shall be
noted
in |
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| the blank spaces
provided for that purpose on the form. The |
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| hearing date shall not be less than
30 nor more than 40
days |
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| after the violation is reported.
However, if the code violation |
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| involves a municipal ordinance regulating truants, the hearing |
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| date shall not be less than 7 nor more than 40 days after the |
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| violation is reported.
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| One copy of the violation report form shall be maintained |
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| in the files of the
code hearing
department and shall be part |
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| of the record of hearing, one copy of the report
form shall be |
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| returned to
the individual representing the municipality in the |
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| case so that he or she may
prepare evidence of the code
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| violation for presentation at the hearing on the date |
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| indicated, and one copy
of the report form shall be
served by |
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| first class mail to the defendant along with a summons |
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| commanding
the defendant to appear
at the hearing.
In |
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| municipalities with a population under 3,000,000, if the |
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| violation report form requires the respondent to
answer within |
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| a certain amount of time, the
municipality must reply to the |
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| answer within the same amount of time
afforded to the
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| respondent.
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| (Source: P.A. 94-616, eff. 1-1-06.)
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| (65 ILCS 5/11-5-9) |
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| Sec. 11-5-9. Truants. The corporate authorities of any |
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| municipality may adopt ordinances to regulate truants within |
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LRB095 16663 RLJ 51626 a |
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| its jurisdiction. These ordinances may include a graduated fine |
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| schedule for repeat violations, which may not exceed $100, or |
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| community service, or both, for violators 13 10 years of age or |
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| older and may provide for enforcement by citation or through |
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| administrative hearings as determined by ordinance. If the |
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| violator is under 13 10 years of age, the parent or custodian |
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| of the violator is subject to the fine or community service, or |
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| both. As used in this Section, "truants" means persons who are |
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| within the definition of "truant" in Section 26-2a of the |
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| School Code. Local officials or authorities that enforce, |
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| prosecute, or adjudicate municipal ordinances adopted under |
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| this Section or that work with school districts to address |
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| truancy problems are designated as (i) part of the juvenile |
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| justice system, established by the Juvenile Court Act of 1987, |
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| and (ii) "juvenile authorities" within the definition set forth |
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| in subsection (a)(6.5) of Section 10-6 of the Illinois School |
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| Student Record Act. Because truancy is a gateway to crime and |
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| one of the most powerful predictors of juvenile delinquent |
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| behavior, a school district may disclose education records |
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| relating to attendance to juvenile authorities if the school |
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| district determines that the disclosure will enhance the |
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| juvenile justice system's ability to effectively serve, prior |
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| to adjudication, the student whose records are released. |
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| Enforcement of a municipal ordinance adopted under this Section |
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| is pre-adjudicatory because it helps minors avoid adjudicatory |
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| hearings under the Juvenile Court Act of 1987. A school |
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| district may make a disclosure authorized under this Section |
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| only if the juvenile authority certifies in writing to the |
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| school district that the information will not be disclosed, |
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| without prior written consent of the parent or custodian of the |
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| student, to any other individual or entity, except as otherwise |
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| provided under State law. A home rule unit may not regulate |
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| truants in a manner inconsistent with the provisions of this |
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| Section. This Section is a limitation under subsection (i) of |
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| Section 6 of Article VII of the Illinois Constitution on the |
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| concurrent exercise by home rule units of the powers and |
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| functions exercised by the State.
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| (Source: P.A. 94-1011, eff. 7-7-06.)".
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