Illinois General Assembly - Full Text of Public Act 093-1092
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Public Act 093-1092


 

Public Act 1092 93RD GENERAL ASSEMBLY



 


 
Public Act 093-1092
 
HB0552 Enrolled LRB093 05586 MBS 05678 b

    AN ACT in relation to minors.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Child Curfew Act is amended by changing
Section 1 as follows:
 
    (720 ILCS 555/1)  (from Ch. 23, par. 2371)
    Sec. 1. Curfew.
    (a) Definitions. In this Section.
        (1) "Curfew hours" means:
            (A) Between 12:01 a.m. and 6:00 a.m. Saturday;
            (B) Between 12:01 a.m. and 6:00 a.m. on Sunday; and
            (C) Between 11:00 p.m. on Sunday to Thursday,
        inclusive, and 6:00 a.m. on the following day.
        (2) "Emergency" means an unforeseen combination of
    circumstances or the resulting state that calls for
    immediate action. The term includes, but is not limited to
    a fire, a natural disaster, an automobile accident, or any
    situation requiring immediate action to prevent serious
    bodily injury or loss of life.
        (3) "Establishment" means any privately-owned place of
    business operated for a profit to which the public is
    invited including but not limited to any place of amusement
    or entertainment.
        (4) "Guardian" means:
            (A) a person who, under court order, is the
        guardian of the person of a minor; or
            (B) a public or private agency with whom a minor
        has been placed by a court.
        (5) "Minor" means any person under 17 years of age.
        (6) "Parent" means a person who is:
            (A) a natural parent, adoptive parent, or
        step-parent of another person; or
            (B) at least 18 years of age and authorized by a
        parent or guardian to have the care and custody of a
        minor.
        (7) "Public Place" means any place to which the public
    or a substantial group of the public has access and
    includes but is not limited to streets, highways, and the
    common areas of schools, hospitals, apartment houses,
    office buildings, transport facilities, and shops.
        (8) "Remain" means to:
            (A) linger or stay; or
            (B) fail to leave premises when requested to do so
        by a police officer or the owner, operator, or other
        person in control of the premises.
        (9) "Serious bodily injury" means bodily injury that
    creates a substantial risk of death or that causes death,
    serious permanent disfigurement, or protracted loss or
    impairment of the function of any bodily member or organ.
    (b) Offenses.
        (1) A minor commits an offense if he or she remains in
    any public place or on the premises of any establishment
    during curfew hours.
        (2) A parent or guardian of a minor or other person in
    custody or control of a minor commits an offense if he or
    she knowingly permits the minor to remain in any public
    place or on the premises of any establishment during curfew
    hours.
    (c) Defenses. It is a defense to prosecution under
subsection (b) that the minor was:
            (A) accompanied by the minor's parent or guardian
        or other person in custody or control of the minor;
            (B) on an errand at the direction of the minor's
        parent or guardian, without any detour or stop;
            (C) in a motor vehicle involved in interstate
        travel;
            (D) engaged in an employment activity or going to
        or returning home from an employment activity, without
        any detour or stop;
            (E) involved in an emergency;
            (F) on the sidewalk abutting the minor's residence
        or abutting the residence of a next-door neighbor if
        the neighbor did not complain to the police department
        about the minor's presence;
            (G) attending an official school, religious, or
        other recreational activity supervised by adults and
        sponsored by a government or governmental agency, a
        civic organization, or another similar entity that
        takes responsibility for the minor, or going to or
        returning home from, without any detour or stop, an
        official school, religious, or other recreational
        activity supervised by adults and sponsored by a
        government or governmental agency, a civic
        organization, or another similar entity that takes
        responsibility for the minor;
            (H) exercising First Amendment rights protected by
        the United States Constitution, such as the free
        exercise of religion, freedom of speech, and the right
        of assembly; or
            (I) married or had been married or is an
        emancipated minor under the Emancipation of Minors
        Act.
    (d) Enforcement. Before taking any enforcement action
under this Section, a law enforcement officer shall ask the
apparent offender's age and reason for being in the public
place. The officer shall not issue a citation or make an arrest
under this Section unless the officer reasonably believes that
an offense has occurred and that, based on any response and
other circumstances, no defense in subsection (c) is present.
It is unlawful for a person less than 17 years of age to be
present at or upon any public assembly, building, place, street
or highway at the following times unless accompanied and
supervised by a parent, legal guardian, or other responsible
companion at least 18 years of age approved by a parent or
legal guardian or unless engaged in a business or occupation
which the laws of this State authorize a person less than 17
years of age to perform:
        1. Between 12:01 a.m. and 6:00 a.m. Saturday;
        2. Between 12:01 a.m. and 6:00 a.m. Sunday; and
        3. Between 11:00 p.m. on Sunday to Thursday, inclusive,
    and 6:00 a.m. on the following day.
    (b) It is unlawful for a parent, legal guardian, or other
person to knowingly permit a person in his or her custody or
control to violate subparagraph (a) of this Section.
    (e) (c) A person convicted of a violation of any provision
of this Section shall be guilty of a petty offense and shall be
fined not less than $10 nor more than $500, except that neither
a person who has been made a ward of the court under the
Juvenile Court Act of 1987, nor that person's legal guardian,
shall be subject to any fine. In addition to or instead of the
fine imposed by this Section, the court may order a parent,
legal guardian, or other person convicted of a violation of
subsection (b) of this Section to perform community service as
determined by the court, except that the legal guardian of a
person who has been made a ward of the court under the Juvenile
Court Act of 1987 may not be ordered to perform community
service. The dates and times established for the performance of
community service by the parent, legal guardian, or other
person convicted of a violation of subsection (b) of this
Section shall not conflict with the dates and times that the
person is employed in his or her regular occupation.
(Source: P.A. 89-682, eff. 1-1-97.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 03/29/2005