Illinois General Assembly - Full Text of HB0552
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Full Text of HB0552  93rd General Assembly

HB0552enr 93RD GENERAL ASSEMBLY



 


 
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1     AN ACT in relation to minors.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Child Curfew Act is amended by changing
5 Section 1 as follows:
 
6     (720 ILCS 555/1)  (from Ch. 23, par. 2371)
7     Sec. 1. Curfew.
8     (a) Definitions. In this Section.
9         (1) "Curfew hours" means:
10             (A) Between 12:01 a.m. and 6:00 a.m. Saturday;
11             (B) Between 12:01 a.m. and 6:00 a.m. on Sunday; and
12             (C) Between 11:00 p.m. on Sunday to Thursday,
13         inclusive, and 6:00 a.m. on the following day.
14         (2) "Emergency" means an unforeseen combination of
15     circumstances or the resulting state that calls for
16     immediate action. The term includes, but is not limited to
17     a fire, a natural disaster, an automobile accident, or any
18     situation requiring immediate action to prevent serious
19     bodily injury or loss of life.
20         (3) "Establishment" means any privately-owned place of
21     business operated for a profit to which the public is
22     invited including but not limited to any place of amusement
23     or entertainment.
24         (4) "Guardian" means:
25             (A) a person who, under court order, is the
26         guardian of the person of a minor; or
27             (B) a public or private agency with whom a minor
28         has been placed by a court.
29         (5) "Minor" means any person under 17 years of age.
30         (6) "Parent" means a person who is:
31             (A) a natural parent, adoptive parent, or
32         step-parent of another person; or

 

 

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1             (B) at least 18 years of age and authorized by a
2         parent or guardian to have the care and custody of a
3         minor.
4         (7) "Public Place" means any place to which the public
5     or a substantial group of the public has access and
6     includes but is not limited to streets, highways, and the
7     common areas of schools, hospitals, apartment houses,
8     office buildings, transport facilities, and shops.
9         (8) "Remain" means to:
10             (A) linger or stay; or
11             (B) fail to leave premises when requested to do so
12         by a police officer or the owner, operator, or other
13         person in control of the premises.
14         (9) "Serious bodily injury" means bodily injury that
15     creates a substantial risk of death or that causes death,
16     serious permanent disfigurement, or protracted loss or
17     impairment of the function of any bodily member or organ.
18     (b) Offenses.
19         (1) A minor commits an offense if he or she remains in
20     any public place or on the premises of any establishment
21     during curfew hours.
22         (2) A parent or guardian of a minor or other person in
23     custody or control of a minor commits an offense if he or
24     she knowingly permits the minor to remain in any public
25     place or on the premises of any establishment during curfew
26     hours.
27     (c) Defenses. It is a defense to prosecution under
28 subsection (b) that the minor was:
29             (A) accompanied by the minor's parent or guardian
30         or other person in custody or control of the minor;
31             (B) on an errand at the direction of the minor's
32         parent or guardian, without any detour or stop;
33             (C) in a motor vehicle involved in interstate
34         travel;
35             (D) engaged in an employment activity or going to
36         or returning home from an employment activity, without

 

 

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1         any detour or stop;
2             (E) involved in an emergency;
3             (F) on the sidewalk abutting the minor's residence
4         or abutting the residence of a next-door neighbor if
5         the neighbor did not complain to the police department
6         about the minor's presence;
7             (G) attending an official school, religious, or
8         other recreational activity supervised by adults and
9         sponsored by a government or governmental agency, a
10         civic organization, or another similar entity that
11         takes responsibility for the minor, or going to or
12         returning home from, without any detour or stop, an
13         official school, religious, or other recreational
14         activity supervised by adults and sponsored by a
15         government or governmental agency, a civic
16         organization, or another similar entity that takes
17         responsibility for the minor;
18             (H) exercising First Amendment rights protected by
19         the United States Constitution, such as the free
20         exercise of religion, freedom of speech, and the right
21         of assembly; or
22             (I) married or had been married or is an
23         emancipated minor under the Emancipation of Minors
24         Act.
25     (d) Enforcement. Before taking any enforcement action
26 under this Section, a law enforcement officer shall ask the
27 apparent offender's age and reason for being in the public
28 place. The officer shall not issue a citation or make an arrest
29 under this Section unless the officer reasonably believes that
30 an offense has occurred and that, based on any response and
31 other circumstances, no defense in subsection (c) is present.
32 It is unlawful for a person less than 17 years of age to be
33 present at or upon any public assembly, building, place, street
34 or highway at the following times unless accompanied and
35 supervised by a parent, legal guardian, or other responsible
36 companion at least 18 years of age approved by a parent or

 

 

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1 legal guardian or unless engaged in a business or occupation
2 which the laws of this State authorize a person less than 17
3 years of age to perform:
4         1. Between 12:01 a.m. and 6:00 a.m. Saturday;
5         2. Between 12:01 a.m. and 6:00 a.m. Sunday; and
6         3. Between 11:00 p.m. on Sunday to Thursday, inclusive,
7     and 6:00 a.m. on the following day.
8     (b) It is unlawful for a parent, legal guardian, or other
9 person to knowingly permit a person in his or her custody or
10 control to violate subparagraph (a) of this Section.
11     (e) (c) A person convicted of a violation of any provision
12 of this Section shall be guilty of a petty offense and shall be
13 fined not less than $10 nor more than $500, except that neither
14 a person who has been made a ward of the court under the
15 Juvenile Court Act of 1987, nor that person's legal guardian,
16 shall be subject to any fine. In addition to or instead of the
17 fine imposed by this Section, the court may order a parent,
18 legal guardian, or other person convicted of a violation of
19 subsection (b) of this Section to perform community service as
20 determined by the court, except that the legal guardian of a
21 person who has been made a ward of the court under the Juvenile
22 Court Act of 1987 may not be ordered to perform community
23 service. The dates and times established for the performance of
24 community service by the parent, legal guardian, or other
25 person convicted of a violation of subsection (b) of this
26 Section shall not conflict with the dates and times that the
27 person is employed in his or her regular occupation.
28 (Source: P.A. 89-682, eff. 1-1-97.)
 
29     Section 99. Effective date. This Act takes effect upon
30 becoming law.