Full Text of HB6415 93rd General Assembly
HB6415ham001 93RD GENERAL ASSEMBLY
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Rep. John J. Millner
Filed: 3/31/2004
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LRB093 15669 RLC 49235 a |
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| AMENDMENT TO HOUSE BILL 6415
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| AMENDMENT NO. ______. Amend House Bill 6415 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Child Curfew Act is amended by changing | 5 |
| Section 1 as follows:
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| (720 ILCS 555/1) (from Ch. 23, par. 2371)
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| Sec. 1. Curfew.
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| (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: |
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| (A) a person who, under court order, is the | 2 |
| guardian of the person of a minor; or | 3 |
| (B) a public or private agency with whom a minor | 4 |
| has been placed by a court. | 5 |
| (5) "Minor" means any person under 17 years of age. | 6 |
| (6) "Operator" means any individual, firm, | 7 |
| association, partnership, or corporation operating, | 8 |
| managing, or conducting any establishment. The term | 9 |
| includes the members or partners of an association or | 10 |
| partnership and the officers of a corporation. | 11 |
| (7) "Parent" means a person who is: | 12 |
| (A) a natural parent, adoptive parent, or | 13 |
| step-parent of another person; or | 14 |
| (B) at least 18 years of age and authorized by a | 15 |
| parent or guardian to have the care and custody of a | 16 |
| minor. | 17 |
| (8) "Public Place" means any place to which the public | 18 |
| or a substantial group of the public has access and | 19 |
| includes but is not limited to streets, highways, and the | 20 |
| common areas of schools, hospitals, apartment houses, | 21 |
| office buildings, transport facilities, and shops. | 22 |
| (9) "Remain" means to: | 23 |
| (A) linger or stay; or | 24 |
| (B) fail to leave premises when requested to do so | 25 |
| by a police officer or the owner, operator, or other | 26 |
| person in control of the premises. | 27 |
| (10) "Serious bodily injury" means bodily injury that | 28 |
| creates a substantial risk of death or that causes death, | 29 |
| serious permanent disfigurement, or protracted loss or | 30 |
| impairment of the function of any bodily member or organ. | 31 |
| (b) Offenses. | 32 |
| (1) A minor commits an offense if he or she remains in | 33 |
| any public place or on the premises of any establishment | 34 |
| during curfew hours. |
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| (2) A parent or guardian of a minor commits an offense | 2 |
| if he or she knowingly permits, or by insufficient control | 3 |
| allows, the minor to remain in any public place or on the | 4 |
| premises of any establishment during curfew hours. | 5 |
| (3) The owner, operator, or any employee of an | 6 |
| establishment commits an offense if he or she knowingly | 7 |
| allows a minor to remain upon the premises of the | 8 |
| establishment during curfew hours. | 9 |
| (c) Defenses. | 10 |
| (1) It is a defense to prosecution under subsection (b) | 11 |
| that the minor was: | 12 |
| (A) accompanied by the minor's parent or guardian; | 13 |
| (B) on an errand at the direction of the minor's | 14 |
| parent or guardian, without any detour or stop; | 15 |
| (C) in a motor vehicle involved in interstate | 16 |
| travel; | 17 |
| (D) engaged in an employment activity or going to | 18 |
| or returning home from an employment activity, without | 19 |
| any detour or stop; | 20 |
| (E) involved in an emergency; | 21 |
| (F) on the sidewalk abutting the minor's residence | 22 |
| or abutting the residence of a next-door neighbor if | 23 |
| the neighbor did not complain to the police department | 24 |
| about the minor's presence; | 25 |
| (G) attending an official school, religious, or | 26 |
| other recreational activity supervised by adults and | 27 |
| sponsored by a government or governmental agency, a | 28 |
| civic organization, or another similar entity that | 29 |
| takes responsibility for the minor, or going to or | 30 |
| returning home from, without any detour or stop, an | 31 |
| official school, religious, or other recreational | 32 |
| activity supervised by adults and sponsored by a | 33 |
| government or governmental agency, a civic | 34 |
| organization, or another similar entity that takes |
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| responsibility for the minor; | 2 |
| (H) exercising First Amendment rights protected by | 3 |
| the United States Constitution, such as the free | 4 |
| exercise of religion, freedom of speech, and the right | 5 |
| of assembly; or | 6 |
| (I) married or had been married or is an | 7 |
| emancipated minor under the Emancipation of Minors | 8 |
| Act. | 9 |
| (2) It is a defense to prosecution under clause (b)(3) | 10 |
| that the owner, operator, or employee of an establishment | 11 |
| promptly notified the appropriate local law enforcement | 12 |
| agency that a minor was present on the premises of the | 13 |
| establishment during curfew hours and refused to leave. | 14 |
| (d) Enforcement. Before taking any enforcement action | 15 |
| under this Section, a law enforcement officer shall ask the | 16 |
| apparent offender's age and reason for being in the public | 17 |
| place. The officer shall not issue a citation or make an arrest | 18 |
| under this Section unless the officer reasonably believes that | 19 |
| an offense has occurred and that, based on any response and | 20 |
| other circumstances, no defense in subsection (c) is present.
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| It is unlawful for a person less than 17 years of age to be
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| present at or upon any public assembly, building, place, street | 23 |
| or highway
at the following times unless accompanied and | 24 |
| supervised by a parent, legal
guardian, or other responsible | 25 |
| companion at least 18 years of age approved
by a parent or | 26 |
| legal guardian or unless engaged in a business or occupation
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| which the laws of this State authorize a person less than 17 | 28 |
| years of age
to perform:
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| 1. Between 12:01 a.m. and 6:00 a.m.
Saturday;
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| 2. Between 12:01 a.m. and 6:00 a.m.
Sunday; and
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| 3. Between 11:00 p.m. on Sunday to Thursday, inclusive,
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| and 6:00 a.m. on the following day.
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| (b) It is unlawful for a parent, legal guardian, or other | 34 |
| person to
knowingly permit a person in his or her custody or |
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| control to violate
subparagraph
(a) of this Section.
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| (e)
(c) A person convicted of a violation of any provision | 3 |
| of this Section
shall be guilty of a petty offense and shall be | 4 |
| fined not less than
$10 nor
more than $500, except that neither | 5 |
| a person who has been made a ward of the
court under the | 6 |
| Juvenile Court Act of 1987, nor that person's legal guardian,
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| shall be subject to any fine. In addition to or instead of the
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| fine imposed
by this Section, the court may order a parent, | 9 |
| legal guardian, or other person
convicted of a violation of | 10 |
| subsection (b) of this
Section to perform community service as | 11 |
| determined by the court, except that
the legal guardian of a | 12 |
| person who has been made a ward of the court under the
Juvenile | 13 |
| Court Act of 1987 may not be ordered to perform community | 14 |
| service.
The dates and
times established for the performance of | 15 |
| community service by the parent, legal
guardian, or other | 16 |
| person convicted of a violation of subsection (b) of this
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| Section shall not conflict with the dates and times that the | 18 |
| person is
employed in his or her regular occupation.
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| (Source: P.A. 89-682, eff. 1-1-97.)
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| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law.".
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