093_HB1415ham001

 










                                     LRB093 04306 RLC 14357 a

 1                    AMENDMENT TO HOUSE BILL 1415

 2        AMENDMENT NO.     .  Amend House Bill 1415  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section 5.  The Juvenile Court Act of 1987 is amended by
 5    changing Section 3-33 as follows:

 6        (705 ILCS 405/3-33) (from Ch. 37, par. 803-33)
 7        Sec. 3-33.  Truant Minor in Need of Supervision.
 8        (a)  Definition.   A  minor who is reported by a regional
 9    superintendent of schools,  or  in  cities  of  over  500,000
10    inhabitants, by the Office of Chronic Truant Adjudication, as
11    a  chronic truant shall be adjudged a truant minor in need of
12    supervision.
13        (a-1)  There is a rebuttable presumption that  a  chronic
14    truant is a truant minor in need of supervision.
15        (a-2)  There  is  a  rebuttable  presumption  that school
16    records of a minor's attendance at school are authentic.
17        (a-3)  For purposes of this Section, "chronic truant" has
18    the meaning ascribed to it in Section  26-2a  of  the  School
19    Code.
20        (b)  Kinds  of dispositional orders.  A minor found to be
21    a truant minor in need of supervision may be:
22             (1)  committed  to   the   appropriate      regional
 
                            -2-      LRB093 04306 RLC 14357 a
 1        superintendent  of  schools for a multi-disciplinary case
 2        staffing,  individualized  educational  plan  or  service
 3        plan, or referral to comprehensive community-based  youth
 4        services;
 5             (2)  required   to  comply  with  an  individualized
 6        educational plan or service plan as specifically provided
 7        by the appropriate regional superintendent of schools;
 8             (3)  ordered   to   obtain   counseling   or   other
 9        supportive services;
10             (4)  subject to a fine in an amount in excess of $5,
11        but not exceeding $100, and each day of  absence  without
12        valid  cause  as  defined  in Section 26-2a of The School
13        Code is a separate offense;
14             (5)  required  to  perform  some  reasonable  public
15        service work such as, but not limited to, the picking  up
16        of litter in public parks or along public highways or the
17        maintenance of public facilities; or
18             (6)  subject  to  having his or her driver's license
19        or driving privilege suspended for a period  of  time  as
20        determined  by the court but only until he or she attains
21        18 years of age.
22        A dispositional order may include a fine, public service,
23    or suspension of a driver's license or privilege only if  the
24    court  has  made  an  express  written finding that a truancy
25    prevention program has been offered by the  school,  regional
26    superintendent  of  schools,  or  a  community social service
27    agency to the truant minor in need of supervision.
28        (c)  Orders entered under this Section may be enforced by
29    contempt proceedings.
30        (d)  A minor who is  detained  in  a  juvenile  detention
31    facility  solely  because  the  minor is adjudicated a truant
32    minor in need of supervision  shall  be  kept  separate  from
33    other  minors incarcerated in the facility for offenses which
34    if committed by an adult would be classified as  felonies  or
 
                            -3-      LRB093 04306 RLC 14357 a
 1    misdemeanors.    A  minor  who  is  detained  in  a  juvenile
 2    detention facility as a truant minor in need  of  supervision
 3    shall  be  provided tutors and while detained at the facility
 4    shall be assigned appropriate school work  as  determined  by
 5    the director of the facility.
 6    (Source:  P.A.  90-143,  eff.  7-23-97; 90-380, eff. 8-14-97;
 7    90-590, eff. 1-1-99; 90-655, eff. 7-30-98.)".