Sen. Dave Syverson
Filed: 5/21/2008
 
 

 




 

 		












09500HB4132sam001

LRB095 13199 RCE 51343 a






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AMENDMENT TO HOUSE BILL 4132




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    AMENDMENT NO. ______. Amend House Bill 4132 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Illinois Municipal Code is amended  by 
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changing Sections 1-2.2-20 and  11-5-9 as follows:
 
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    (65 ILCS 5/1-2.2-20)

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    Sec. 1-2.2-20. Instituting code hearing proceedings. When 
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a police
officer or other individual
authorized to issue a code 
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violation finds a code violation to exist,  he or
she
shall note 
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the violation on a
multiple copy violation notice and report 
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form that indicates (i) the name and
address
of the defendant, 
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(ii) the
type and nature of the violation, (iii) the date and 
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time the violation was
observed,
and (iv) the names of

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witnesses to the violation.


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    The violation report form shall be forwarded to the code 
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hearing department
where a docket
number shall be stamped on 
 


 






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all copies of the report and a hearing date shall be
noted
in 
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the blank spaces
provided for that purpose on the form.  The 
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hearing date shall not be less than
30 nor more than 40
days 
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after the violation is reported.
However, if the code violation 
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involves a municipal ordinance regulating truants, the hearing 
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date shall not be less than 7 nor more than 40 days after the 
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violation is reported. 

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    One copy of the violation report form shall be maintained 
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in the files of the
code hearing
department and shall be part 
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of the record of hearing, one copy of the report
form shall be 
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returned to
the individual representing the municipality in the 
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case so that he or she may
prepare evidence of the code

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violation for presentation at the hearing on the date 
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indicated, and one copy
of the report form shall be
served by 
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first class mail to the defendant along with a summons 
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commanding
the defendant to appear
at the hearing.
In 
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municipalities with a population under 3,000,000, if the 
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violation report form requires the respondent to
answer within 
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a certain amount of time, the
municipality must reply to the 
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answer within the same amount of time
afforded to the

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respondent.


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(Source: P.A. 94-616, eff. 1-1-06.)

 
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    (65 ILCS 5/11-5-9)
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    Sec. 11-5-9. Truants. The corporate authorities of any 
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municipality may adopt ordinances to regulate truants within 
 


 






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its jurisdiction.  These ordinances may include a  graduated fine 
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schedule for repeat violations, which may not exceed $100, or 
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community service, or both, for violators 13 10 years of age or 
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older and may provide for enforcement by citation   or through 
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administrative hearings as determined by ordinance.   If the 
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violator is under 13 10 years of age, the parent or custodian 
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of the violator is subject to the fine or community service, or 
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both. As used in this Section, "truants" means persons who are 
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within the definition of "truant" in Section 26-2a of the 
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School Code. Local officials or authorities that enforce, 
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prosecute, or adjudicate municipal ordinances adopted under 
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this Section or that work with school districts to address 
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truancy problems are designated as (i) part of the juvenile 
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justice system, established by the Juvenile Court Act of 1987, 
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and (ii) "juvenile authorities" within the definition set forth 
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in subdivision (6.5) of subsection (a) of Section 6 of the 
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Illinois School Student Records Act. Because truancy is a 
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gateway to crime and one of the most powerful predictors of 
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juvenile delinquent behavior, a school district may disclose 
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educational records relating to attendance to these juvenile 
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authorities if the school district determines that the 
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disclosure will enhance the juvenile justice system's ability 
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to effectively serve, prior to adjudication, the student whose 
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records are released. Enforcement of a municipal ordinance 
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adopted under this Section  is pre-adjudicatory  because it helps 
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minors avoid adjudicatory hearings under the Juvenile Court Act 
 


 






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of 1987. A school district may make a disclosure authorized 
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under this Section only if the juvenile authority certifies in 
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writing to the school district that the information will not be 
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disclosed, without prior written consent of the parent or 
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custodian of the student, to any other individual or entity, 
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except as otherwise provided under State law. A home rule unit 
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may not regulate truants in a manner inconsistent with the 
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provisions of this Section.  This Section is a limitation under 
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subsection (i) of Section 6 of Article VII of the Illinois 
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Constitution on the concurrent exercise by home rule units of 
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the powers and functions exercised by the State.

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(Source: P.A. 94-1011, eff. 7-7-06.)


 
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    Section 99. Effective date. This Act takes effect July 1, 
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2008.".