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Duplicates/Conflicts with/Companion to/Relates to

SOURCES OF INFORMATION

LFC files

SUMMARY

Synopsis of Bill

The House Judiciary Committee substitute for House Bill 480 seeks to add a new section to the Children's Code that would allow the governing bodies of counties or municipalities to adopt curfew ordinances to regulate the actions of children during night time hours and during day time hours on school days.

Significant Issues

The proposed legislation defines exceptions to the ordinances including: children accompanied by parents or legal guardians; children traveling interstate; children going to or returning from school-sponsored, civic organization-sponsored or religious functions or work; children involved in bona fide emergencies; children on a street or sidewalk in front of their own home or that of a consenting neighbor; children exercising their free speech rights.

House Bill 480 provides that law enforcement officer who detain children pursuant to curfew ordinances must promptly attempt to contact the child's parents or guardians, and shall return the child to the parent or guardian unless the return would endanger the health or safety of the child. If the parents or guardian cannot be contacted within a two hour period, the child shall be transported to a protective custody facility separate from detention facilities or jail. The following day, the child must be returned to the parent or guardian or to school if school is in session.

Municipal, magistrate or metropolitan courts will have original jurisdiction in curfew ordinance cases, and they may report the matter to the Children, Youth and Families Department if a child is adjudicated three times in a six-month period for violating curfew ordinances.

House Bill 480 provides for a punishment of 40 hours of community service for each violation of curfew ordinances. Parents will be required to pay a civil fine not to exceed $300.00 and the actual costs incurred by the county or municipality for providing shelter for the child in a protective custody facility.

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