Full Text of SB2197 94th General Assembly
SB2197ham001 94TH GENERAL ASSEMBLY
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Judiciary I - Civil Law Committee
Filed: 3/29/2006
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LRB094 15606 RLC 57569 a |
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| AMENDMENT TO SENATE BILL 2197
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| AMENDMENT NO. ______. Amend Senate Bill 2197 on page 1, | 3 |
| line 9, by replacing " fines for violators " with the following: | 4 |
| " a graduated fine schedule for repeat violations, which may not | 5 |
| exceed $100, or community service, or both, for violators 10 | 6 |
| years of age or older "; and
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| on page 1, line 10, by replacing the period with the following: | 8 |
| " or through administrative hearings as determined by | 9 |
| ordinance. If the violator is under 10 years of age, the parent | 10 |
| or custodian of the violator is subject to the fine or | 11 |
| community service, or both. "; and | 12 |
| on page 1, line 12, by inserting after the period the | 13 |
| following: | 14 |
| " A home rule unit may not regulate truants in a manner | 15 |
| inconsistent with the provisions of this Section. This Section | 16 |
| is a limitation under subsection (i) of Section 6 of Article | 17 |
| VII of the Illinois Constitution on the concurrent exercise by | 18 |
| home rule units of the powers and functions exercised by the | 19 |
| State. "; and | 20 |
| on page 1, lines 18 and 19, by replacing " fines for violators " | 21 |
| with the following: | 22 |
| " a graduated fine schedule for repeat violations, which may not | 23 |
| exceed $100, or community service, or both, for violators 10 |
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| years of age or older "; and | 2 |
| on page 1, line 19, by replacing the period with the following: | 3 |
| " or through administrative hearings as determined by | 4 |
| ordinance. If the violator is under 10 years of age, the parent | 5 |
| or custodian of the violator is subject to the fine or | 6 |
| community service, or both. "; and | 7 |
| on page 1, line 21, by inserting after the period the | 8 |
| following: | 9 |
| " A home rule unit may not regulate truants in a manner | 10 |
| inconsistent with the provisions of this Section. This Section | 11 |
| is a limitation under subsection (i) of Section 6 of Article | 12 |
| VII of the Illinois Constitution on the concurrent exercise by | 13 |
| home rule units of the powers and functions exercised by the | 14 |
| State. "; and | 15 |
| on page 1, by inserting immediately below line 21 the | 16 |
| following: | 17 |
| "Section 11. The School Code is amended by changing Section | 18 |
| 34-4.5 as follows:
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| (105 ILCS 5/34-4.5)
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| Sec. 34-4.5. Chronic truants.
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| (a) Office of Chronic Truant Adjudication. The board shall | 22 |
| establish and
implement an Office of Chronic Truant | 23 |
| Adjudication, which shall be responsible
for administratively | 24 |
| adjudicating cases of chronic truancy and imposing
appropriate | 25 |
| sanctions. The board shall appoint or employ hearing officers | 26 |
| to
perform the adjudicatory functions of that Office. | 27 |
| Principals
and other appropriate personnel may refer pupils | 28 |
| suspected of being
chronic truants, as defined in Section 26-2a | 29 |
| of this Code, to the Office of
Chronic Truant Adjudication.
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| (b) Notices. Before any hearing may be held under | 2 |
| subsection (c), the
principal of
the school attended by the | 3 |
| pupil or the principal's designee shall notify the
pupil's | 4 |
| parent or guardian by personal visit, letter, or telephone of | 5 |
| each
unexcused absence of the pupil. After giving the parent or | 6 |
| guardian notice of
the tenth unexcused absence of the pupil, | 7 |
| the principal or the principal's
designee shall send the | 8 |
| pupil's parent or guardian a letter, by certified mail,
return | 9 |
| receipt requested, notifying the parent or guardian that he or | 10 |
| she is
subjecting himself or herself to a hearing procedure as | 11 |
| provided under
subsection (c) and clearly describing any and | 12 |
| all possible penalties that may
be imposed as provided for in | 13 |
| subsections (d) and (e) of this Section.
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| (c) Hearing. Once a pupil has been referred to the Office | 15 |
| of Chronic Truant
Adjudication, a hearing shall be scheduled | 16 |
| before an appointed hearing officer,
and the pupil and the | 17 |
| pupil's parents or guardian shall be notified by
certified | 18 |
| mail, return receipt requested stating the time, place, and | 19 |
| purpose
of the
hearing. The hearing officer shall hold a | 20 |
| hearing and render a written
decision within 14 days | 21 |
| determining whether the pupil is a chronic truant as
defined in | 22 |
| Section 26-2a of this Code and whether the parent or guardian | 23 |
| took
reasonable steps to assure the pupil's attendance at | 24 |
| school. The hearing shall
be private unless a public hearing is | 25 |
| requested by the pupil's parent or
guardian, and the pupil may
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| be present at the
hearing with
a representative in addition to | 27 |
| the pupil's parent or guardian. The board
shall present | 28 |
| evidence of the pupil's truancy, and the pupil and
the parent | 29 |
| or guardian or representative of the pupil may cross examine
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| witnesses,
present witnesses and evidence, and present | 31 |
| defenses to the charges. All
testimony at the hearing shall be | 32 |
| taken under oath administered by the hearing
officer. The | 33 |
| decision of the hearing officer shall constitute an
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| "administrative decision" for purposes of judicial review |
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| under the
Administrative Review Law.
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| (d) Penalties. The hearing officer may require the pupil or | 3 |
| the pupil's
parent or guardian or both the pupil and the | 4 |
| pupil's parent or guardian to do
any or all of the following: | 5 |
| perform reasonable school or community services
for a period | 6 |
| not to exceed 30 days; complete a parenting education program;
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| obtain counseling or other supportive services; and comply with | 8 |
| an
individualized
educational plan or service plan as provided | 9 |
| by appropriate school officials.
If the parent or guardian of | 10 |
| the chronic truant shows that he or she
took reasonable steps | 11 |
| to insure attendance of the pupil at school, he or she
shall | 12 |
| not be required to perform services.
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| (e) Non-compliance with sanctions. If a pupil determined by | 14 |
| a hearing
officer to be a chronic truant or the parent or | 15 |
| guardian of the pupil fails to
comply with the sanctions | 16 |
| ordered by the hearing officer under subsection (c)
of this | 17 |
| Section, the Office of Chronic Truant Adjudication may refer | 18 |
| the
matter to the State's Attorney for prosecution under | 19 |
| Section 3-33.5
3-33 of the
Juvenile Court Act of 1987.
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| (f) Limitation on applicability. Nothing in this Section | 21 |
| shall be construed
to apply to a parent or guardian of a pupil | 22 |
| not required to attend a public
school pursuant to Section | 23 |
| 26-1.
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| (Source: P.A. 90-143, eff. 7-23-97; 90-566, eff. 1-2-98.)"; and
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| by replacing lines 23 through 28 on page 1, all of page 2, and | 26 |
| lines 1 through 9 on page 3 with the following: | 27 |
| "changing Sections 3-1 and 3-15 and by adding Section 3-33.5 as | 28 |
| follows:
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| (705 ILCS 405/3-1) (from Ch. 37, par. 803-1)
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| Sec. 3-1. Jurisdictional facts. Proceedings may be | 31 |
| instituted under
this Article concerning boys and girls who | 32 |
| require authoritative intervention
as defined in Section 3-3 or |
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| who are truant minors in need of supervision
as defined in | 2 |
| Section 3-33.5
3-33 .
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| (Source: P.A. 85-1235.)
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| (705 ILCS 405/3-15) (from Ch. 37, par. 803-15)
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| Sec. 3-15. Petition; supplemental petitions. (1) Any adult | 6 |
| person, any
agency or association by its representative may | 7 |
| file, or the court on its
own motion may direct the filing | 8 |
| through the State's Attorney of a petition
in respect to a | 9 |
| minor under this Act. The petition and all subsequent court
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| documents shall be entitled "In the interest of ...., a minor".
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| (2) The petition shall be verified but the statements may | 12 |
| be made
upon information and belief. It shall allege that the | 13 |
| minor
requires authoritative intervention and set forth (a) | 14 |
| facts sufficient to
bring the minor under Section 3-3 or 3-33.5
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| 3-33 ;
(b) the name, age and residence of the minor; (c) the
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| names and residences of his parents; (d) the name and residence | 17 |
| of his
legal guardian or the person or persons having custody | 18 |
| or control of the
minor, or of the nearest known relative if no | 19 |
| parent or guardian can be
found; and (e) if the minor upon | 20 |
| whose behalf the petition is brought is
sheltered in custody, | 21 |
| the date on which shelter care was ordered by the
court or the | 22 |
| date set for a shelter care hearing. If any of the facts
herein | 23 |
| required are not known by the petitioner, the petition shall so
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| state.
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| (3) The petition must allege that it is in the best | 26 |
| interests of the
minor and of the public that he be adjudged a | 27 |
| ward of the court and may
pray generally for relief available | 28 |
| under this Act. The petition need
not specify any proposed | 29 |
| disposition following adjudication of wardship.
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| (4) If appointment of a guardian of the person with power | 31 |
| to consent
to adoption of the minor under Section 3-30 is | 32 |
| sought, the petition shall
so state.
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| (5) At any time before dismissal of the petition or before |
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| final
closing and discharge under Section 3-32, one or more | 2 |
| supplemental
petitions may be filed in respect to the same | 3 |
| minor.
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| (Source: P.A. 85-1209; 85-1235; 86-1440.)"; and
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| on page 3, by replacing lines 11 through 13 with the following: | 6 |
| " Sec. 3-33.5. Truant minors in need of supervision. "; and | 7 |
| on page 3, line 15, by inserting after " schools " the following: | 8 |
| " ,
or, in cities of over 500,000 inhabitants, by the Office of | 9 |
| Chronic Truant
Adjudication, "; and | 10 |
| on page 3, line 19, by inserting after " schools " the following: | 11 |
| " , the Office of Chronic Truant
Adjudication, "; and | 12 |
| on page 3, line 28, by inserting after " education " the | 13 |
| following: | 14 |
| " , the Office of Chronic Truant
Adjudication, "; and | 15 |
| on page 3, line 33, by deleting " or unwilling "; and | 16 |
| on page 4, line 2, by inserting after " schools " the following: | 17 |
| " , the Office of Chronic Truant
Adjudication, "; and | 18 |
| on page 4, line 4, by inserting after " schools " the following: | 19 |
| " , the Office of Chronic Truant
Adjudication, "; and | 20 |
| on page 4, line 10, by inserting after " schools " the following: | 21 |
| " , the Office of Chronic Truant
Adjudication, "; and | 22 |
| on page 4, line 15, by inserting after " schools " the following: | 23 |
| " , the Office of Chronic Truant
Adjudication, "; and | 24 |
| on page 4, line 33, by inserting after " schools " the following: |
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09400SB2197ham001 |
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LRB094 15606 RLC 57569 a |
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| " , or, in cities of over 500,000 inhabitants, by the Office of | 2 |
| Chronic Truant
Adjudication "; and | 3 |
| on page 4, line 34, by inserting after " schools " the following: | 4 |
| " , or, in cities of over 500,000 inhabitants, the Office of | 5 |
| Chronic Truant
Adjudication, "; and | 6 |
| on page 4, line 36, by inserting after " designee " the | 7 |
| following: | 8 |
| " , or, in cities of over 500,000 inhabitants, the general | 9 |
| superintendent of schools or his or her designee, "; and | 10 |
| on page 5, line 4, by inserting after " education " the | 11 |
| following: | 12 |
| " or the Office of Chronic Truant
Adjudication "; and | 13 |
| on page 6, by inserting immediately below line 2 the following:
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| (705 ILCS 405/3-33 rep.)
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| "Section 20. The Juvenile Court Act of 1987 is amended by | 16 |
| repealing Section 3-33.".
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