State of Illinois
91st General Assembly
Legislation

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91_HB0440ham001

 










                                           LRB9102120NTsbam02

 1                     AMENDMENT TO HOUSE BILL 440

 2        AMENDMENT NO.     .  Amend House Bill 440 as follows:
 3    on page 1, by replacing lines 1 and 2 with the following:
 4        "AN ACT concerning pupils, amending named Acts."; and

 5    on page 1, line 18,  after  the  period,  by  inserting  "Any
 6    person  having  custody  or  control  of  the  child  may not
 7    circumvent this attendance  requirement,  after  having  been
 8    given  notice  by  a  truant  officer  that the child must be
 9    present at school, by removing the child from  enrollment  in
10    the school district."; and

11    on  page  3,  immediately  below  line  17,  by inserting the
12    following:

13        "Section 10.  The Juvenile Court Act of 1987  is  amended
14    by changing Section 3-33 as follows:

15        (705 ILCS 405/3-33) (from Ch. 37, par. 803-33)
16        Sec. 3-33.  Truant Minor in Need of Supervision.
17        (a)  Definition.   A  minor who is reported by a regional
18    superintendent of schools,  or  in  cities  of  over  500,000
19    inhabitants, by the Office of Chronic Truant Adjudication, as
20    a  chronic truant shall be adjudged a truant minor in need of
21    supervision.
 
                            -2-            LRB9102120NTsbam02
 1        (a-1)  There is a rebuttable presumption that  a  chronic
 2    truant is a truant minor in need of supervision.
 3        (a-2)  There  is  a  rebuttable  presumption  that school
 4    records of a minor's attendance at school are authentic.
 5        (a-3)  For purposes of this Section, "chronic truant" has
 6    the meaning ascribed to it in Section  26-2a  of  the  School
 7    Code.    However, a minor below the compulsory school age and
 8    enrolled in kindergarten or first grade shall not be adjudged
 9    a truant minor in need of supervision.
10        (b)  Kinds of dispositional orders.  A minor found to  be
11    a truant minor in need of supervision may be:
12             (1)  committed   to   the   appropriate     regional
13        superintendent of schools for a  multi-disciplinary  case
14        staffing,  individualized  educational  plan  or  service
15        plan,  or referral to comprehensive community-based youth
16        services;
17             (2)  required  to  comply  with  an   individualized
18        educational plan or service plan as specifically provided
19        by the appropriate regional superintendent of schools;
20             (3)  ordered   to   obtain   counseling   or   other
21        supportive services;
22             (4)  subject to a fine in an amount in excess of $5,
23        but  not  exceeding $100, and each day of absence without
24        valid cause as defined in Section  26-2a  of  The  School
25        Code is a separate offense;
26             (5)  required  to  perform  some  reasonable  public
27        service  work such as, but not limited to, the picking up
28        of litter in public parks or along public highways or the
29        maintenance of public facilities; or
30             (6)  subject to having his or her  driver's  license
31        or  driving  privilege  suspended for a period of time as
32        determined by the court but only until he or she  attains
33        18 years of age.
34        A dispositional order may include a fine, public service,
 
                            -3-            LRB9102120NTsbam02
 1    or  suspension of a driver's license or privilege only if the
 2    court has made an express  written  finding  that  a  truancy
 3    prevention  program  has been offered by the school, regional
 4    superintendent of schools,  or  a  community  social  service
 5    agency to the truant minor in need of supervision.
 6        (c)  Orders entered under this Section may be enforced by
 7    contempt proceedings.
 8    (Source:  P.A.  90-143,  eff.  7-23-97; 90-380, eff. 8-14-97;
 9    90-590, eff. 1-1-99; 90-655, eff. 7-30-98.)".

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