96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3715

 

Introduced 2/25/2009, by Rep. Chapin Rose

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/16-107   from Ch. 95 1/2, par. 16-107

    Amends provisions of the Illinois Vehicle Code providing that for petty offenses or business offenses under the Code that do not require that the defendant make a court appearance, the chief judge of any circuit may designate an officer of the court to receive the admission or stipulation by the unemancipated minor of the facts supporting the charge as long as the parent or guardian of the unemancipated minor and the unemancipated minor appear before the officer of the court. The officer of the court shall transmit such information to the judge assigned to the case and the judge may enter a disposition of supervision without the presence of the minor or the minor's parent or guardian in court at the time of the entry of the disposition of supervision. Effective immediately.


LRB096 03176 RLC 22184 b

 

 

A BILL FOR

 

HB3715 LRB096 03176 RLC 22184 b

1     AN ACT concerning transportation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Vehicle Code is amended by changing
5 Section 16-107 as follows:
 
6     (625 ILCS 5/16-107)  (from Ch. 95 1/2, par. 16-107)
7     Sec. 16-107. Appearance of parent or guardian of minor in
8 certain court proceedings - Judicial discretion.
9     (a) Whenever an unemancipated minor is required to appear
10 in court pursuant to a citation for violation of any Section or
11 any subsection of any Section of this Act specified in
12 subsection (b) of this Section, the court may require that a
13 parent or guardian of the minor accompany the minor and appear
14 before the court with the minor, unless, in the discretion of
15 the court, such appearance would be unreasonably burdensome
16 under the circumstances.
17     (a-5) In lieu of the provisions of subsection (a), for
18 petty offenses or business offenses under this Code that do not
19 require that the defendant make a court appearance, the chief
20 judge of any circuit may designate an officer of the court to
21 receive the admission or stipulation by the unemancipated minor
22 of the facts supporting the charge as long as the parent or
23 guardian of the unemancipated minor and the unemancipated minor

 

 

HB3715 - 2 - LRB096 03176 RLC 22184 b

1 appear before the officer of the court. The officer of the
2 court shall transmit such information to the judge assigned to
3 the case and the judge may enter a disposition of supervision
4 without the presence of the minor or the minor's parent or
5 guardian in court at the time of the entry of the disposition
6 of supervision.
7     (b) This Section shall apply whenever an unemancipated
8 minor is charged with violation of any of the following
9 Sections and subsections of this Act:
10         1) Sections 3-701, 3-702 and 3-703;
11         2) Sections 4-102, 4-103, 4-104 and 4-105;
12         3) Section 6-101, subsections (a), (b) and (c) of
13     Section 6-104, and Sections 6-113, 6-301, 6-302, 6-303 and
14     6-304;
15         4) Sections 11-203 and 11-204, subsection (b) of
16     Section 11-305, Sections 11-311, 11-312, 11-401, 11-402,
17     11-403, 11-404, 11-407, 11-409, 11-501, 11-502, 11-503,
18     11-504, 11-506, subsection (b) of Section 11-601, Sections
19     11-704, 11-707, 11-1007, 11-1403, 11-1404 and subsection
20     (a) of Section 11-1414.
21 (Source: P.A. 95-310, eff. 1-1-08.)
 
22     Section 99. Effective date. This Act takes effect upon
23 becoming law.