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Rep. Charles E. Jefferson
Filed: 5/6/2008
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09500HB2310ham001 |
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LRB095 01487 RLJ 50167 a |
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| AMENDMENT TO HOUSE BILL 2310
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| AMENDMENT NO. ______. Amend House Bill 2310 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Illinois Municipal Code is amended by |
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| changing Section 11-5-9 as follows:
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| (65 ILCS 5/11-5-9) |
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| Sec. 11-5-9. Truants. The corporate authorities of any |
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| municipality may adopt ordinances to regulate truants within |
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| its jurisdiction. These ordinances may include a graduated fine |
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| schedule for repeat violations, which may not exceed $100, or |
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| community service, or both, for violators 13 10 years of age or |
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| older and may provide for enforcement by citation or through |
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| administrative hearings as determined by ordinance. If the |
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| violator is under 13 10 years of age, the parent or custodian |
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| of the violator is subject to the fine or community service, or |
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| both. As used in this Section, "truants" means persons who are |
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09500HB2310ham001 |
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LRB095 01487 RLJ 50167 a |
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| within the definition of "truant" in Section 26-2a of the |
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| School Code. Local officials or authorities that enforce, |
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| prosecute, or adjudicate municipal ordinances adopted under |
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| this Section or that work with school districts to address |
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| truancy problems are designated as (i) part of the juvenile |
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| justice system, established by the Juvenile Court Act of 1987, |
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| and (ii) "juvenile authorities" within the definition set forth |
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| in subsection (a)(6.5) of Section 10-6 of the Illinois School |
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| Student Record Act. Because truancy is a gateway to crime and |
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| one of the most powerful predictors of juvenile delinquent |
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| behavior, a school district may disclose education records |
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| relating to attendance to juvenile authorities if the school |
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| district determines that the disclosure will enhance the |
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| juvenile justice system's ability to effectively serve, prior |
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| to adjudication, the student whose records are released. |
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| Enforcement of a municipal ordinance adopted under this Section |
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| is pre-adjudicatory because it helps minors avoid adjudicatory |
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| hearings under the Juvenile Court Act of 1987. A school |
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| district may make a disclosure authorized under this Section |
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| only if the juvenile authority certifies in writing to the |
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| school district that the information will not be disclosed, |
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| without prior written consent of the parent or custodian of the |
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| student, to any other individual or entity, except as otherwise |
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| provided under State law. A home rule unit may not regulate |
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| truants in a manner inconsistent with the provisions of this |
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| Section. This Section is a limitation under subsection (i) of |