|
|
||||
| Public Act 095-1016 |
||||
| ||||
| ||||
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
| ||
respondent.
| ||
(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.)
| ||