Pontiac - State Senator Dan Rutherford (R-Pontiac) announced the General Assembly has approved amendments to the Illinois Child Curfew Act, which create two new curfew offenses, and specify nine defenses to a violation of the curfew.
House Bill 552 now makes it an offense for a minor to remain in a public place, or on the premises, of any establishment during curfew hours. Additionally, parents and guardians are held accountable for a minor-s well-being, as these amendments make it an offense for a parent to knowingly permit the minor to remain in any public place, or on the premises of any establishment, during curfew hours.
-House Bill 552 reinforces the state-s commitment to supervising Illinois minors, keeping them out of trouble and-most importantly-safe,- explained Rutherford. -This legislation is not intended to create additional hassle, or limit a minor-s involvement in extra-curricular activities; authorities simply want Illinois youth to be off the street and under the supervision of an adult by a reasonable hour.-
In addition to tightening the Act, House Bill 552 creates nine defenses a minor, parent, or guardian can present if found to have been in violation of state curfew laws. Under the new amendment, it is a defense if the minor is:
1. Accompanied by his or her parent, guardian, or other person in custody or control of the minor;
2. On an errand without any detour or stop, at the direction of the minor-s parent or guardian;
3. In a motor vehicle involved in interstate travel;
4. Engaged in an employment activity, or going to or returning from an employment activity;
5. Involved in an emergency;
6. On the sidewalk adjoining the minor-s residence, or adjacent to the residence of a next-door neighbor, if that neighbor did not complain to the police department about the minor-s presence;
7. (A) 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 (B) 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; or
8. Exercising First Amendment rights protected by the U.S. Constitution, including free exercise of religion, freedom of speech, and the right of assembly; or
9. Married, has been married, or is an emancipated minor under the Emancipation of Minors Act.
-It was only reasonable that specific exceptions to the curfew ordinance be incorporated into the statute-s language,- said Rutherford. - Previously there was no defense language, in which case a minor who was out past the designated hours working, participating in a sports activity, attending a religious event, etc., became subject to violation of the ordinance, and consequently, subject to fine.-
The new amendments do not alter curfew hours, which are defined as the hours between 12:01 a.m. and 6 a.m. on Saturday and Sunday, and between 11:00 p.m. and 6 a.m., Sunday through Thursday.
Senator Rutherford asserted that, -Curfew is not an attempt to hinder minors from participating in extra-curricular activities; it is important that Illinois youth are involved in activities that reinforce positive values and teach responsibility. That notwithstanding, curfew is a powerful instrument for keeping minors supervised and, in turn, out of trouble. Additionally, by extending curfew offenders to include parents and guardians the amendments reinforce parental accountability, and encourage guardian involvement in the lives of their children.-
House Bill 552 now heads to the Governor for final approval.
