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91_HB2865
LRB9106731SMpr
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
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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
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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
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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.
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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.