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90_HB2099
740 ILCS 115/1 from Ch. 70, par. 51
740 ILCS 115/1.5 new
740 ILCS 115/2 from Ch. 70, par. 52
740 ILCS 115/3 from Ch. 70, par. 53
740 ILCS 115/4 from Ch. 70, par. 54
740 ILCS 115/5 from Ch. 70, par. 55
740 ILCS 115/6 from Ch. 70, par. 56
740 ILCS 115/7 from Ch. 70, par. 57
740 ILCS 115/8 new
740 ILCS 115/9 new
740 ILCS 115/10 new
740 ILCS 115/11 new
740 ILCS 115/12 new
Amends the Parental Responsibility Law. Provides that a
person commits the offense of failure to supervise a child
if a person is charged with the care of a child under 18
years of age and that child commits a second or subsequent
offense under the Juvenile Court Act of 1987, or, for the
third or greater time, violates curfew or is truant from
school. Exempts child welfare agencies and foster parents.
Provides for a defense to the charge in some instances.
Allows a person convicted of failure to supervise a child to
have his or her sentence suspended if he or she completes a
parental effectiveness program. Provides that failure to
supervise a child is a Class A misdemeanor punishable by a
fine of not more than $1,000. Makes other changes.
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1 AN ACT regarding juveniles and their parents.
2 WHEREAS, This Act and the renamed Parental and Juvenile
3 Responsibility Law commemorate the life of Hillary Norskog, a
4 beloved daughter and cheerful friend cut down in the dawn of
5 adulthood; therefore,
6 Be it enacted by the People of the State of Illinois,
7 represented in the General Assembly:
8 Section 5. The Parental Responsibility Law is amended by
9 changing Sections 1, 2, 3, 4, 5, 6, and 7, and by adding
10 Sections 1.5, 8, 9, 10, 11, and 12 as follows:
11 (740 ILCS 115/1) (from Ch. 70, par. 51)
12 Sec. 1. Short title. This Act shall be known and may be
13 cited as the Parental and Juvenile Responsibility Law.
14 (Source: P.A. 76-1679.)
15 (740 ILCS 115/1.5 new)
16 Sec. 1.5. Statement of legislative intent. The purpose
17 of this Act is to demonstrate that delinquent acts by
18 children have consequences which are destructive to families
19 and the community. The authoritative acts authorized by this
20 law are not meant to punish parents or families, but to
21 assist families to save themselves.
22 (740 ILCS 115/2) (from Ch. 70, par. 52)
23 Sec. 2. Definitions. As used in this Act, unless the
24 context otherwise requires, the terms specified have the
25 meanings ascribed to them:
26 (1) "Legal guardian" means a person appointed guardian,
27 or given custody, of a minor by a circuit court of the State,
28 but does not include a person appointed guardian, or given
29 custody, of a minor under the Juvenile Court Act or the
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1 Juvenile Court Act of 1987.
2 (2) "Minor" means a person who is above the age of 11
3 years, but not yet 19 years of age.
4 (Source: P.A. 85-1209.)
5 (740 ILCS 115/3) (from Ch. 70, par. 53)
6 Sec. 3. Liability. The parent or legal guardian of an
7 unemancipated minor who resides with his or her such parent
8 or legal guardian is liable for actual damages for the wilful
9 or malicious acts of a such minor that which cause injury to
10 a person or property, including damages caused by a minor who
11 has been adjudicated a delinquent for violating Section
12 21-1.3 of the Criminal Code of 1961.
13 (Source: P.A. 88-406.)
14 (740 ILCS 115/4) (from Ch. 70, par. 54)
15 Sec. 4. Standing. Any municipal corporation, county,
16 township, village, or any other political subdivision or
17 department of the State of Illinois, or the United States or
18 any of its instrumentalities, or any person, partnership,
19 corporation, association or any incorporated or
20 unincorporated religious, educational or charitable
21 organization is entitled to enforce the liability imposed by
22 this Act.
23 (Source: P.A. 88-406.)
24 (740 ILCS 115/5) (from Ch. 70, par. 55)
25 Sec. 5. Limitation of liability. No recovery under this
26 Act may exceed $2,500 $1,000 actual damages for each person,
27 or legal entity as provided in Section 4 of this Act, for
28 each occurrence of such wilful or malicious acts by the minor
29 causing injury, in addition to taxable court costs. In
30 determining the damages to be allowed in an action under this
31 Act for personal injury, only medical, dental and hospital
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1 expenses and expenses for treatment by Christian Science
2 practitioners and nursing care appropriate thereto may be
3 considered.
4 (Source: P.A. 81-588.)
5 (740 ILCS 115/6) (from Ch. 70, par. 56)
6 Sec. 6. Common law recovery. This Act shall not affect
7 the recovery of damages in any other cause of action where
8 the liability of the parent or legal guardian is predicated
9 on a common law basis.
10 (Source: P.A. 76-1679.)
11 (740 ILCS 115/7) (from Ch. 70, par. 57)
12 Sec. 7. No incarceration. Section 12-107 of the Code of
13 Civil Procedure, as now or hereafter amended, is not
14 applicable to judgments obtained under this Act.
15 (Source: P.A. 82-783.)
16 (740 ILCS 115/8 new)
17 Sec. 8. Failure to supervise a child.
18 (a) A person commits the offense of failure to supervise
19 a child if the person is the parent, lawful guardian, or
20 other person lawfully charged with the care or custody of a
21 child under 18 years of age and the child:
22 (1) commits a second or subsequent act that brings
23 the child within the jurisdiction of the juvenile court
24 under the Juvenile Court Act of 1987;
25 (2) violates a curfew law of a county,
26 municipality, or any other political subdivision, after
27 the parent or lawful guardian has received at least 2
28 notifications from a peace officer or his or her designee
29 that the child has previously violated a curfew law; or
30 (3) fails to attend school as required under
31 Section 26-1 of the School Code, after the parent or
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1 lawful guardian has received at least 2 notifications
2 from a school official or his or her designee that the
3 child has previously violated a truancy law or truancy
4 school rule.
5 (b) Nothing in this Section applies to a child welfare
6 agency as defined in Section 2.08 of the Child Care Act of
7 1969 or to foster parents as defined in Section 2.17 of that
8 Act.
9 (740 ILCS 115/9 new)
10 Sec. 9. Defenses.
11 (a) In a prosecution of a person for failure to
12 supervise a child under Section 8 of this Act, it is an
13 affirmative defense that the person:
14 (1) is the victim of the act that brings the child
15 within the jurisdiction of the juvenile court; or
16 (2) promptly reported the act to the appropriate
17 authorities.
18 (b) In a prosecution of a person for failure to
19 supervise a child under Section 8, it is an affirmative
20 defense that the person took reasonable steps to control the
21 conduct of the child at the time the person is alleged to
22 have failed to supervise the child.
23 (740 ILCS 115/10 new)
24 Sec. 10. Emancipation. Nothing in this Act shall
25 prohibit a child from being ordered partially or completely
26 emancipated in accordance with the provisions of the
27 Emancipation of Mature Minors Act.
28 (740 ILCS 115/11 new)
29 Sec. 11. Parental and family effectiveness program.
30 (a) If a person pleads guilty or is found guilty of
31 failure to supervise a child under this Act, the court, with
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1 the consent of the person, may suspend imposition of sentence
2 and order the person to complete a parental effectiveness
3 program approved by the court. At the discretion of the
4 court, the court may order the child to participate in the
5 program. Upon the person's completion of the parental
6 effectiveness program to the satisfaction of the court, the
7 court may discharge the person. If the person fails to
8 complete the parental effectiveness program to the
9 satisfaction of the court, the court may impose a sentence
10 authorized by Section 12 of this Act.
11 (b) There may be only one suspension of sentence under
12 this Section with respect to a person.
13 (740 ILCS 115/12 new)
14 Sec. 12. Sentence. Failure to supervise a child is a
15 Class A misdemeanor punishable by a fine of not more than
16 $1,000.