Public Act 093-1092
 		





HB0552 Enrolled
LRB093 05586 MBS 05678 b






    AN ACT in relation to minors. 

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 


 
    Section 5. The Child Curfew Act is amended  by changing 
Section 1 as follows:
 



    (720 ILCS 555/1)  (from Ch. 23, par. 2371)



    Sec. 1. Curfew. 

    (a) Definitions. In this Section.
        (1) "Curfew hours" means:
            (A) Between 12:01 a.m. and 6:00 a.m. Saturday;
            (B) Between 12:01 a.m. and 6:00 a.m. on Sunday; and
            (C) Between 11:00 p.m. on Sunday to Thursday, 
        inclusive, and 6:00 a.m. on the following day.
        (2) "Emergency" means an unforeseen combination of 
    circumstances or the resulting state that calls for 
    immediate action. The term includes, but is not limited to 
    a fire, a natural disaster, an automobile accident, or any 
    situation requiring immediate action to prevent serious 
    bodily injury or loss of life.
        (3) "Establishment" means any privately-owned place of

    business operated for a profit to which the public is

    invited including but not limited to any place of amusement

    or entertainment.

        (4) "Guardian" means:
            (A) a person who, under court order, is the 
        guardian of the person of a minor; or
            (B) a public or private agency with whom a minor 
        has been placed by a court.
        (5) "Minor" means any person under 17 years of age.
        (6) "Parent" means a person who is:
            (A) a natural parent, adoptive parent, or 
        step-parent of another person; or
            (B) at least 18 years of age and authorized by a 
        parent or guardian to have the care and custody of a 
        minor.
        (7) "Public Place" means any place to which the public 
    or a substantial group of the public has access and 
    includes but is not limited to streets, highways, and the 
    common areas of schools, hospitals, apartment houses, 
    office buildings, transport facilities, and shops.
        (8) "Remain" means to:
            (A) linger or stay; or
            (B) fail to leave premises when requested to do so 
        by a police officer or the owner, operator, or other 
        person in control of the premises.
        (9) "Serious bodily injury" means bodily injury that 
    creates a substantial risk of death or that causes death, 
    serious permanent disfigurement, or protracted loss or 
    impairment of the function of any bodily member or organ.
    (b) Offenses.
        (1) A minor commits an offense if he or she remains in 
    any public place or on the premises of any establishment 
    during curfew hours.
        (2) A parent or guardian  of a minor or other person in 
    custody or control of a minor commits an offense if he or 
    she knowingly permits the minor to remain in any public 
    place or on the premises of any establishment during curfew 
    hours.
    (c) Defenses. It is a defense to prosecution under 
subsection (b) that the minor was:
            (A) accompanied by the minor's parent or guardian 
        or other person in custody or control of the minor;
            (B) on an errand at the direction of the minor's 
        parent or guardian, without any detour or stop;
            (C) in a motor vehicle involved in interstate 
        travel;
            (D) engaged in an employment activity or going to 
        or returning home from an employment activity, without 
        any detour or stop;
            (E) involved in an emergency;
            (F) on the sidewalk abutting the minor's residence 
        or abutting the residence of a next-door neighbor if 
        the neighbor did not complain to the police department 
        about the minor's presence;
            (G) attending an official school, religious, or 
        other recreational activity supervised by adults and 
        sponsored by a government or governmental agency, a 
        civic organization, or another similar entity that 
        takes responsibility for the minor, or going to or 
        returning home from, without any detour or stop, an 
        official school, religious, or other recreational 
        activity supervised by adults and sponsored by a 
        government or governmental agency, a civic 
        organization, or another similar entity that takes 
        responsibility for the minor;
            (H) exercising First Amendment rights protected by 
        the United States Constitution, such as the free 
        exercise of religion, freedom of speech, and the right 
        of assembly; or
            (I) married or had been married or is an 
        emancipated minor under the Emancipation of Minors 
        Act.
    (d) Enforcement. Before taking any enforcement action 
under this Section, a law enforcement officer shall ask the 
apparent offender's age and reason for being in the public 
place. The officer shall not issue a citation or make an arrest 
under this Section unless the officer reasonably believes that 
an offense has occurred and that, based on any response and 
other circumstances, no defense in subsection (c) is present.

It is unlawful for a person less than 17  years of age to be

present at or upon any public assembly, building, place, street 
or highway
at the following times unless accompanied and 
supervised by a parent, legal
guardian, or other responsible 
companion at least 18  years of age approved
by a parent or 
legal guardian or unless engaged in a business or occupation

which the laws of this State authorize a person less than 17  
years of age
to perform:


        1. Between 12:01 a.m. and 6:00 a.m.
Saturday;


        2. Between 12:01 a.m. and 6:00 a.m.
Sunday; and


        3. Between 11:00 p.m. on Sunday to Thursday, inclusive,

    and 6:00 a.m. on the following day.

    (b) It is unlawful for a parent, legal guardian, or other 
person to
knowingly permit a person in his or her custody or 
control to violate
subparagraph
(a) of this Section.

    (e)
(c) A person convicted of a violation of any provision 
of this Section
shall be guilty of a petty offense and shall be 
fined not less than
$10 nor
more than $500, except that neither 
a person who has been made a ward of the
court under the 
Juvenile Court Act of 1987, nor that person's legal guardian,

shall be subject to any fine.  In addition to or instead of the

fine imposed
by this Section, the court may order a parent, 
legal guardian, or other person
convicted of a violation of 
subsection (b) of this
Section to perform community service as 
determined by the court, except that
the legal guardian of a 
person who has been made a ward of the court under the
Juvenile 
Court Act of 1987 may not be ordered to perform community 
service.
The dates and
times established for the performance of 
community service by the parent, legal
guardian, or other 
person convicted of a violation of subsection (b) of this

Section shall not conflict with the dates and times that the 
person is
employed in his or her regular occupation.

(Source: P.A. 89-682, eff. 1-1-97.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.