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Public Act 095-1016
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| SB2743 Enrolled |
LRB095 16663 HLH 42694 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Municipal Code is amended by |
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 |
a police
officer or other individual
authorized to issue a code |
violation finds a code violation to exist, he or
she
shall note |
the violation on a
multiple copy violation notice and report |
form that indicates (i) the name and
address
of the defendant, |
(ii) the
type and nature of the violation, (iii) the date and |
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 |
hearing department
where a docket
number shall be stamped on |
all copies of the report and a hearing date shall be
noted
in |
the blank spaces
provided for that purpose on the form. The |
hearing date shall not be less than
30 nor more than 40
days |
after the violation is reported.
However, if the code violation |
involves a municipal ordinance regulating truants, the hearing |
date shall not be less than 7 nor more than 40 days after the |
violation is reported.
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One copy of the violation report form shall be maintained |
in the files of the
code hearing
department and shall be part |
of the record of hearing, one copy of the report
form shall be |
returned to
the individual representing the municipality in the |
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 |
indicated, and one copy
of the report form shall be
served by |
first class mail to the defendant along with a summons |
commanding
the defendant to appear
at the hearing.
In |
municipalities with a population under 3,000,000, if the |
violation report form requires the respondent to
answer within |
a certain amount of time, the
municipality must reply to the |
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) |
Sec. 11-5-9. Truants. The corporate authorities of any |
municipality may adopt ordinances to regulate truants within |
its jurisdiction. These ordinances may include a graduated fine |
schedule for repeat violations, which may not exceed $100, or |
community service, or both, for violators 13 10 years of age or |
older and may provide for enforcement by citation or through |
administrative hearings as determined by ordinance. If the |
violator is under 13 10 years of age, the parent or custodian |
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 |
within the definition of "truant" in Section 26-2a of the |
School Code. Local officials or authorities that enforce, |
prosecute, or adjudicate municipal ordinances adopted under |
this Section or that work with school districts to address |
truancy problems are designated as (i) part of the juvenile |
justice system, established by the Juvenile Court Act of 1987, |
and (ii) "juvenile authorities" within the definition set forth |
in subsection (a)(6.5) of Section 10-6 of the Illinois School |
Student Record Act. Because truancy is a gateway to crime and |
one of the most powerful predictors of juvenile delinquent |
behavior, a school district may disclose education records |
relating to attendance to juvenile authorities if the school |
district determines that the disclosure will enhance the |
juvenile justice system's ability to effectively serve, prior |
to adjudication, the student whose records are released. |
Enforcement of a municipal ordinance adopted under this Section |
is pre-adjudicatory because it helps minors avoid adjudicatory |
hearings under the Juvenile Court Act of 1987. A school |
district may make a disclosure authorized under this Section |
only if the juvenile authority certifies in writing to the |
school district that the information will not be disclosed, |
without prior written consent of the parent or custodian of the |
student, to any other individual or entity, except as otherwise |
provided under State law. A home rule unit may not regulate |
truants in a manner inconsistent with the provisions of this |