SB2197ham001 94TH GENERAL ASSEMBLY

Judiciary I - Civil Law Committee

Filed: 3/29/2006

09400SB2197ham001 LRB094 15606 RLC 57569 a

AMENDMENT TO SENATE BILL 2197

AMENDMENT NO. ______. Amend Senate Bill 2197 on page 1, line 9, by replacing "fines for violators" with the following: "a graduated fine schedule for repeat violations, which may not exceed $100, or community service, or both, for violators 10 years of age or older"; and

on page 1, line 10, by replacing the period with the following: "or through administrative hearings as determined by ordinance. If the violator is under 10 years of age, the parent or custodian of the violator is subject to the fine or community service, or both."; and

on page 1, line 12, by inserting after the period the following: "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."; and

on page 1, lines 18 and 19, by replacing "fines for violators" with the following: "a graduated fine schedule for repeat violations, which may not exceed $100, or community service, or both, for violators 10 years of age or older"; and

on page 1, line 19, by replacing the period with the following: "or through administrative hearings as determined by ordinance. If the violator is under 10 years of age, the parent or custodian of the violator is subject to the fine or community service, or both."; and

on page 1, line 21, by inserting after the period the following: "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."; and

on page 1, by inserting immediately below line 21 the following:

"Section 11. The School Code is amended by changing Section 34-4.5 as follows:

(105 ILCS 5/34-4.5)

Sec. 34-4.5. Chronic truants.

(a) Office of Chronic Truant Adjudication. The board shall establish and implement an Office of Chronic Truant Adjudication, which shall be responsible for administratively adjudicating cases of chronic truancy and imposing appropriate sanctions. The board shall appoint or employ hearing officers to perform the adjudicatory functions of that Office. Principals and other appropriate personnel may refer pupils suspected of being chronic truants, as defined in Section 26-2a of this Code, to the Office of Chronic Truant Adjudication.

(b) Notices. Before any hearing may be held under subsection (c), the principal of the school attended by the pupil or the principal's designee shall notify the pupil's parent or guardian by personal visit, letter, or telephone of each unexcused absence of the pupil. After giving the parent or guardian notice of the tenth unexcused absence of the pupil, the principal or the principal's designee shall send the pupil's parent or guardian a letter, by certified mail, return receipt requested, notifying the parent or guardian that he or she is subjecting himself or herself to a hearing procedure as provided under subsection (c) and clearly describing any and all possible penalties that may be imposed as provided for in subsections (d) and (e) of this Section.

(c) Hearing. Once a pupil has been referred to the Office of Chronic Truant Adjudication, a hearing shall be scheduled before an appointed hearing officer, and the pupil and the pupil's parents or guardian shall be notified by certified mail, return receipt requested stating the time, place, and purpose of the hearing. The hearing officer shall hold a hearing and render a written decision within 14 days determining whether the pupil is a chronic truant as defined in Section 26-2a of this Code and whether the parent or guardian took reasonable steps to assure the pupil's attendance at school. The hearing shall be private unless a public hearing is requested by the pupil's parent or guardian, and the pupil may be present at the hearing with a representative in addition to the pupil's parent or guardian. The board shall present evidence of the pupil's truancy, and the pupil and the parent or guardian or representative of the pupil may cross examine witnesses, present witnesses and evidence, and present defenses to the charges. All testimony at the hearing shall be taken under oath administered by the hearing officer. The decision of the hearing officer shall constitute an "administrative decision" for purposes of judicial review under the Administrative Review Law.

(d) Penalties. The hearing officer may require the pupil or the pupil's parent or guardian or both the pupil and the pupil's parent or guardian to do any or all of the following: perform reasonable school or community services for a period not to exceed 30 days; complete a parenting education program; obtain counseling or other supportive services; and comply with an individualized educational plan or service plan as provided by appropriate school officials. If the parent or guardian of the chronic truant shows that he or she took reasonable steps to insure attendance of the pupil at school, he or she shall not be required to perform services.

(e) Non-compliance with sanctions. If a pupil determined by a hearing officer to be a chronic truant or the parent or guardian of the pupil fails to comply with the sanctions ordered by the hearing officer under subsection (c) of this Section, the Office of Chronic Truant Adjudication may refer the matter to the State's Attorney for prosecution under Section 3-33.5 3-33 of the Juvenile Court Act of 1987.

(f) Limitation on applicability. Nothing in this Section shall be construed to apply to a parent or guardian of a pupil not required to attend a public school pursuant to Section 26-1.

(Source: P.A. 90-143, eff. 7-23-97; 90-566, eff. 1-2-98.)"; and

by replacing lines 23 through 28 on page 1, all of page 2, and lines 1 through 9 on page 3 with the following: "changing Sections 3-1 and 3-15 and by adding Section 3-33.5 as follows:

(705 ILCS 405/3-1) (from Ch. 37, par. 803-1)

Sec. 3-1. Jurisdictional facts. Proceedings may be instituted under this Article concerning boys and girls who require authoritative intervention as defined in Section 3-3 or who are truant minors in need of supervision as defined in Section 3-33.5 3-33.

(Source: P.A. 85-1235.)

(705 ILCS 405/3-15) (from Ch. 37, par. 803-15)

Sec. 3-15. Petition; supplemental petitions. (1) Any adult person, any agency or association by its representative may file, or the court on its own motion may direct the filing through the State's Attorney of a petition in respect to a minor under this Act. The petition and all subsequent court documents shall be entitled "In the interest of ...., a minor".

(2) The petition shall be verified but the statements may be made upon information and belief. It shall allege that the minor requires authoritative intervention and set forth (a) facts sufficient to bring the minor under Section 3-3 or 3-33.5 3-33; (b) the name, age and residence of the minor; (c) the names and residences of his parents; (d) the name and residence of his legal guardian or the person or persons having custody or control of the minor, or of the nearest known relative if no parent or guardian can be found; and (e) if the minor upon whose behalf the petition is brought is sheltered in custody, the date on which shelter care was ordered by the court or the date set for a shelter care hearing. If any of the facts herein required are not known by the petitioner, the petition shall so state.

(3) The petition must allege that it is in the best interests of the minor and of the public that he be adjudged a ward of the court and may pray generally for relief available under this Act. The petition need not specify any proposed disposition following adjudication of wardship.

(4) If appointment of a guardian of the person with power to consent to adoption of the minor under Section 3-30 is sought, the petition shall so state.

(5) At any time before dismissal of the petition or before final closing and discharge under Section 3-32, one or more supplemental petitions may be filed in respect to the same minor.

(Source: P.A. 85-1209; 85-1235; 86-1440.)"; and

on page 3, by replacing lines 11 through 13 with the following:

"Sec. 3-33.5. Truant minors in need of supervision."; and

on page 3, line 15, by inserting after "schools" the following: ", or, in cities of over 500,000 inhabitants, by the Office of Chronic Truant Adjudication,"; and

on page 3, line 19, by inserting after "schools" the following: ", the Office of Chronic Truant Adjudication,"; and

on page 3, line 28, by inserting after "education" the following: ", the Office of Chronic Truant Adjudication,"; and

on page 3, line 33, by deleting "or unwilling"; and

on page 4, line 2, by inserting after "schools" the following: ", the Office of Chronic Truant Adjudication,"; and

on page 4, line 4, by inserting after "schools" the following: ", the Office of Chronic Truant Adjudication,"; and

on page 4, line 10, by inserting after "schools" the following: ", the Office of Chronic Truant Adjudication,"; and

on page 4, line 15, by inserting after "schools" the following: ", the Office of Chronic Truant Adjudication,"; and

on page 4, line 33, by inserting after "schools" the following: ", or, in cities of over 500,000 inhabitants, by the Office of Chronic Truant Adjudication"; and

on page 4, line 34, by inserting after "schools" the following: ", or, in cities of over 500,000 inhabitants, the Office of Chronic Truant Adjudication,"; and

on page 4, line 36, by inserting after "designee" the following: ", or, in cities of over 500,000 inhabitants, the general superintendent of schools or his or her designee,"; and

on page 5, line 4, by inserting after "education" the following: "or the Office of Chronic Truant Adjudication"; and

on page 6, by inserting immediately below line 2 the following:

(705 ILCS 405/3-33 rep.)

"Section 20. The Juvenile Court Act of 1987 is amended by repealing Section 3-33.".