The new law 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.

“This law creates additional measures to ensure that Illinois’ youth are supervised, that they are safe, and that they are staying out of trouble,” said Rutherford, a sponsor of the legislation. “The intent is not to create additional hassle for the parents or the child; authorities simply want young people off the street and under the supervision of an adult by a reasonable hour.”

In addition to tightening the current regulations, the law creates nine defenses a minor, parent, or guardian can use if accused of violating 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;
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.

 “Previously there were no exceptions to the curfew law, which meant that a minor who was out past the designated hours working, participating in a sports activity, attending a religious event, etc., could have become subject to violation of the ordinance, and consequently, subject to fine,” explained Rutherford. “This is a reasonable measure to ensure there are rational exceptions to the curfew ordinance.”

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 said that, “Curfew is a powerful instrument for keeping minors supervised and out of trouble. Additionally, by extending curfew offenders to include parents and guardians the law reinforces parental accountability, and encourages a guardian’s involvement in the lives of their children.”

This law took effect upon receiving the Governor’s approval.