HB4209 104TH GENERAL ASSEMBLY

LRB104 16253 RLC 29828 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4209

Introduced 1/14/2026, by Rep. Dan Ugaste

SYNOPSIS AS INTRODUCED:

705 ILCS 405/5-401.1 new
720 ILCS 5/12C-75 new

Amends the Criminal Code of 2012. Provides that it is unlawful for any parent, legal guardian, or other adult person having the care or custody of a minor, by any act or word, or the failure to act or by the lack of supervision and control over the minor to encourage, contribute toward, cause, or tend to cause the minor to commit an offense against the public peace, safety, and morals by reason of the activity of the minor within the State. Provides that it is unlawful for any parent, legal guardian, or other person having custody and care of any minor to assist, aid, abet, allow, permit, or encourage the minor to violate this provision, either by an overt act, by failing to act, or by lack of supervision and control over the minor. Provides that the trier of fact may infer that if a minor is apprehended while on any public streets, highways, alleys, or parks during hours of curfew, it is evidence of a violation of the provision on the part of the parents, legal guardian, or other person having custody or care of the minor. Establishes that a violation is a Class C misdemeanor punished by a fine not exceeding $2,000 or by imprisonment for a term not exceeding 30 days, or both. Defines terms. Amends the Juvenile Court Act of 1987 to make conforming changes. Contains a severability provision.

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The Juvenile Court Act of 1987 is amended by adding Section 5-401.1 as follows:

(705 ILCS 405/5-401.1 new)

Sec. 5-401.1. Apprehension of minor for an offense against the public peace, safety, and morals. When any person under 18 years of age is apprehended for an offense against the public peace, safety, and morals, as defined in Section 12C-75 of the Criminal Code of 2012, and has been brought before the court and upon the court's determination that the person under 18 years of age is guilty of the offense, the parent, legal guardian, or other person having care and custody of the person under 18 years of age may be summoned before the court and ordered to provide supervision of the minor. The failure of the parent, legal guardian, or other person having legal custody of the person under 18 years of age, upon a second offense, shall cause the parent, legal guardian, or the other person having custody of the person under 18 years of age to be subject to the penalties prescribed in Section 12C-75 of the Criminal Code of 2012.

Section 10. The Criminal Code of 2012 is amended by adding Section 12C-75 as follows:

(720 ILCS 5/12C-75 new)

Sec. 12C-75. Prevention of criminal activity by a minor.

(a) In this Section:

"Legal guardian" means a person, other than a parent, to whom legal custody of the minor has been given by court order or who is acting in place of the parent or is responsible for the care and welfare of the minor.

"Minor" means an individual who is under 18 years of age.

"Offense against the public peace, safety, and morals" includes a delinquency or adult adjudication for:

(1) a felony, misdemeanor, or petty offense;

(2) violation of any penal law or municipal ordinance;

(3) any act or offense for which he or she could be prosecuted in the method partaking of the nature of a criminal action or proceeding;

(4) being a disorderly person;

(5) knowingly associating with thieves or vicious or immoral people;

(6) knowingly visiting gambling places, or patronizing other places or establishments, his or her admission to which constitutes a violation of law;

(7) idly roaming the streets at night;

(8) habitual truancy from school;

(9) deportment endangering the morals, health, or general welfare of the minor;

(10) any and all State statutes under the Illinois Vehicle Code as to violations in the operation and use of a motor vehicle but not including violations for parking;

(11) unlawful sale, delivery, and use of narcotics or other drugs;

(12) criminal defacement of property;

(13) criminal damage to property;

(14) robbery, aggravated robbery, or armed robbery;

(15) assault or aggravated assault;

(16) battery or aggravated battery;

(17) loitering or destruction or defacing of public property owned by the State, a county, or a township;

(18) destruction of playground equipment and public parks;

(19) consumption of alcoholic beverages on a public street;

(20) drunkenness;

(21) lack of supervision by a parent, legal guardian, or other person having the care or custody of a minor. "Person" includes a parent, guardian, or person having custody or control of a minor; or

(22) public indecency.

"Parent" means any natural parent or any adult person 21 years of age or over or who is responsible for the care, custody, and control of a minor.

"Public place" means any place to which the public has access, including, but not limited to, a public street, road, thoroughfare, sidewalk, bridge, plaza, park, recreation or shopping area, public transportation facility, vehicle used for public transportation, parking lot, or any other public building, structure, or area.

"Supervision" means the exercise of control over a minor, knowing his or her whereabouts, knowing with whom he or she associates and in what activities he or she may engage in which could affect or offend the public peace, safety, and morals.

(b) It is unlawful for any parent, legal guardian, or other adult person having the care or custody of a minor, by any act or word, or the failure to act or by the lack of supervision and control over the minor to encourage, contribute toward, cause, or tend to cause the minor to commit an offense against the public peace, safety, and morals by reason of the activity of the minor within this State.

(c) It is unlawful for any parent, legal guardian, or other person having custody and care of any minor to assist, aid, abet, allow, permit, or encourage the minor to violate this Section, either by an overt act, by failing to act, or by lack of supervision and control over the minor.

(d) The trier of fact may infer that if a minor is apprehended while on any public streets, highways, alleys, or parks during hours of curfew, it is evidence of a violation of this Section on the part of the parents, legal guardian, or other person having custody or care of the minor.

(e) Sentence. Any person who violates this Section is guilty of a Class C misdemeanor and shall, upon conviction, be punished by a fine not exceeding $2,000 or by imprisonment for a term not exceeding 30 days, or both.

(f) If any provision of this Section or its application to any person or circumstance is held invalid, the invalidity of that provision or application does not affect other provisions or applications of this Section that can be given effect without the invalid provision or application.