State of Illinois
90th General Assembly

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[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ Senate Amendment 001 ]


      705 ILCS 405/3-4          from Ch. 37, par. 803-4
      705 ILCS 405/3-33         from Ch. 37, par. 803-33
          Amends  the  Juvenile  Court  Act  of  1987.  In  Article
      concerning  minors  requiring   authoritative   intervention,
      provides that a law enforcement officer shall return a truant
      minor  to  school.  If the minor refuses to return to school,
      the minor shall be held in limited custody.  Provides that  a
      truant  minor in need of supervision may be held in detention
      for a period not to exceed 30 days.  Effective immediately.
HB2171 Enrolled                               LRB9004807RCsbA
 1        AN ACT to  amend  the  Juvenile  Court  Act  of  1987  by
 2    changing Section 3-33.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Juvenile Court Act of 1987 is amended  by
 6    changing Section 3-33 as follows:
 7        (705 ILCS 405/3-33) (from Ch. 37, par. 803-33)
 8        Sec. 3-33.  Truant Minor in Need of Supervision.
 9        (a)  Definition.   A  Any  minor  who  is  reported  by a
10    regional superintendent of schools, in a county of less  than
11    2,000,000  inhabitants,  as  a  chronic  truant  (i)  to whom
12    prevention, diagnostic, intervention  and  remedial  services
13    and  alternative  programs  and  other  school  and community
14    resources have been provided and have failed to result in the
15    cessation of chronic truancy, or (ii) to whom such  services,
16    programs  and  resources  have  been  offered  and  have been
17    refused,  shall  be  adjudged  a  truant  minor  in  need  of
18    supervision.
19        (a-1)  There is a rebuttable presumption that  a  chronic
20    truant is a truant minor in need of supervision.
21        (a-2)  There  is  a  rebuttable  presumption  that school
22    records of a minor's attendance at school are authentic.
23        (a-3)  For purposes of this Section, "chronic truant" has
24    the meaning ascribed to it in Section  26-2a  of  the  School
25    Code.
26        (b)  Kinds  of dispositional orders.  A minor found to be
27    a truant minor in need of supervision may be:
28        (1)  committed   to    the    appropriate        regional
29    superintendent  of  schools  for  a  multi-disciplinary  case
30    staffing, individualized educational plan or service plan, or
31    referral to comprehensive community-based youth services;
HB2171 Enrolled            -2-                LRB9004807RCsbA
 1        (2)  required    to   comply   with   an   individualized
 2    educational plan or service plan as specifically provided  by
 3    the appropriate regional superintendent of schools;
 4        (3)  ordered  to  obtain  counseling  or other supportive
 5    services;
 6        (4)  subject to a fine in an amount in excess of $5,  but
 7    not  exceeding  $100,  and  each day of absence without valid
 8    cause as defined in Section 26-2a of The  School  Code  is  a
 9    separate offense;
10        (5)  required  to  perform some reasonable public service
11    work such as, but not limited to, the picking up of litter in
12    public parks or along public highways or the  maintenance  of
13    public facilities; or
14        (6)  subject  to  having  his  or her driver's license or
15    privilege suspended.
16        A dispositional order may include a fine, public service,
17    or suspension of a driver's license or privilege only if  the
18    court  has  made  an  express  written finding that a truancy
19    prevention program has been offered by the  school,  regional
20    superintendent  of  schools,  or  a  community social service
21    agency to the truant minor in need of supervision.
22        (c)  Orders entered under this Section may be enforced by
23    contempt proceedings.
24    (Source: P.A. 85-1235.)
25        Section 99.  Effective date.  This Act takes effect  upon
26    becoming law.

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