State of Illinois
91st General Assembly

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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
                            -2-                LRB9106731SMpr
 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.  Reasonable attorney's
13    fees may be awarded to a plaintiff that is not a governmental
14    unit in any action under this Act.
15    (Source: P.A. 90-311, eff. 1-1-98.)

16        (740 ILCS 115/4) (from Ch. 70, par. 54)
17        Sec. 4.  Standing.  Any  municipal  corporation,  county,
18    township,  village,  or  any  other  political subdivision or
19    department of the State of Illinois, or the United States  or
20    any  of  its  instrumentalities,  or any person, partnership,
21    corporation,   association    or    any    incorporated    or
22    unincorporated    religious,    educational   or   charitable
23    organization is entitled to enforce the liability imposed  by
24    this Act.
25    (Source: P.A. 88-406.)

26        (740 ILCS 115/5) (from Ch. 70, par. 55)
27        Sec.  5.   Limitation  on damages; damages allowable.  No
28    recovery under this Act may exceed $2,500 actual damages  for
29    each person, or legal entity as provided in Section 4 of this
30    Act,  for each occurrence of such wilful or malicious acts by
31    the minor causing injury, in addition to taxable court  costs
                            -3-                LRB9106731SMpr
 1    and attorney's fees. In determining the damages to be allowed
 2    in  an  action  under  this  Act  for  personal  injury, only
 3    medical,  dental  and  hospital  expenses  and  expenses  for
 4    treatment by Christian Science practitioners and nursing care
 5    appropriate thereto may be considered.
 6    (Source: P.A. 90-311, eff. 1-1-98.)

 7        (740 ILCS 115/6) (from Ch. 70, par. 56)
 8        Sec. 6.  Common law recovery. This Act shall  not  affect
 9    the  recovery  of  damages in any other cause of action where
10    the liability of the parent or legal guardian  is  predicated
11    on a common law basis.
12    (Source: P.A. 76-1679.)

13        (740 ILCS 115/7) (from Ch. 70, par. 57)
14        Sec. 7.  No incarceration.  Section 12-107 of the Code of
15    Civil   Procedure,  as  now  or  hereafter  amended,  is  not
16    applicable to judgments obtained under this Act.
17    (Source: P.A. 82-783.)

18        (740 ILCS 115/8 new)
19        Sec. 8.  Failure to supervise a child.
20        (a)  A person commits the offense of failure to supervise
21    a child if the person is  the  parent,  lawful  guardian,  or
22    other  person  lawfully charged with the care or custody of a
23    child under 18 years of age and the child:
24             (1)  commits a second or subsequent act that  brings
25        the  child  within the jurisdiction of the juvenile court
26        under the Juvenile Court Act of 1987;
27             (2)  violates   a   curfew   law   of   a    county,
28        municipality,  or  any other political subdivision, after
29        the parent or lawful guardian has  received  at  least  2
30        notifications from a peace officer or his or her designee
31        that the child has previously violated a curfew law; or

                            -4-                LRB9106731SMpr
 1             (3)  fails   to  attend  school  as  required  under
 2        Section 26-1 of the School  Code,  after  the  parent  or
 3        lawful  guardian  has  received  at least 2 notifications
 4        from a school official or his or her  designee  that  the
 5        child  has  previously  violated a truancy law or truancy
 6        school rule.
 7        (b)  Nothing in this Section applies to a  child  welfare
 8    agency  as  defined  in Section 2.08 of the Child Care Act of
 9    1969 or to foster parents as defined in Section 2.17 of  that
10    Act.

11        (740 ILCS 115/9 new)
12        Sec. 9.  Defenses.
13        (a)  In   a  prosecution  of  a  person  for  failure  to
14    supervise a child under Section 8  of  this  Act,  it  is  an
15    affirmative defense that the person:
16             (1)  is  the victim of the act that brings the child
17        within the jurisdiction of the juvenile court; or
18             (2)  promptly reported the act  to  the  appropriate
19        authorities.
20        (b)  In   a  prosecution  of  a  person  for  failure  to
21    supervise a child under  Section  8,  it  is  an  affirmative
22    defense  that the person took reasonable steps to control the
23    conduct of the child at the time the  person  is  alleged  to
24    have failed to supervise the child.

25        (740 ILCS 115/10 new)
26        Sec.  10.   Emancipation.   Nothing  in  this  Act  shall
27    prohibit  a  child from being ordered partially or completely
28    emancipated  in  accordance  with  the  provisions   of   the
29    Emancipation of Mature Minors Act.

30        (740 ILCS 115/11 new)
31        Sec. 11.  Parental and family effectiveness program.
                            -5-                LRB9106731SMpr
 1        (a)  If  a  person  pleads  guilty  or is found guilty of
 2    failure to supervise a child under this Act, the court,  with
 3    the consent of the person, may suspend imposition of sentence
 4    and  order  the  person  to complete a parental effectiveness
 5    program approved by the court.   At  the  discretion  of  the
 6    court,  the  court  may order the child to participate in the
 7    program.   Upon  the  person's  completion  of  the  parental
 8    effectiveness program to the satisfaction of the  court,  the
 9    court  may  discharge  the  person.   If  the person fails to
10    complete  the   parental   effectiveness   program   to   the
11    satisfaction  of  the  court, the court may impose a sentence
12    authorized by Section 12 of this Act.
13        (b)  There may be only one suspension of  sentence  under
14    this Section with respect to a person.

15        (740 ILCS 115/12 new)
16        Sec.  12.   Sentence.   Failure to supervise a child is a
17    Class A misdemeanor punishable by a fine  of  not  more  than
18    $1,000.

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