Illinois General Assembly - Full Text of Public Act 095-1016
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Public Act 095-1016




Public Act 095-1016
SB2743 Enrolled LRB095 16663 HLH 42694 b

    AN ACT concerning local government.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Municipal Code is amended by
changing Sections 1-2.2-20 and 11-5-9 as follows:
    (65 ILCS 5/1-2.2-20)
    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
witnesses to the violation.
    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.
    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
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
(Source: P.A. 94-616, eff. 1-1-06.)
    (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
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
Section. This Section is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of the powers and
functions exercised by the State.
(Source: P.A. 94-1011, eff. 7-7-06.)

Effective Date: 6/1/2009