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.



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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



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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



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1 Section. This Section is a limitation under subsection (i) of
2 Section 6 of Article VII of the Illinois Constitution on the
3 concurrent exercise by home rule units of the powers and
4 functions exercised by the State.
5 (Source: P.A. 94-1011, eff. 7-7-06.)