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People v. Chambers

OPINION FILED NOVEMBER 15, 1976.

THE PEOPLE OF THE STATE OF ILLINOIS, APPELLANT,

v.

CYNTHIA L. CHAMBERS ET AL., APPELLEES.



Appeal from the Appellate Court for the Second District; heard in that court on appeal from the Circuit Court of Ogle County; the Hon. Alan W. Cargerman, Judge, Presiding.

MR. JUSTICE SCHAEFER DELIVERED THE OPINION OF THE COURT:

Rehearing denied January 28, 1977.

A jury in the circuit court of Ogle County found the defendants, Cynthia and Patricia Chambers, guilty of violating section 1 of "An Act relating to a curfew for certain children" (Ill. Rev. Stat. 1973, ch. 23, par. 2371), and a fine of $10 and costs were imposed on each defendant. On their appeal the Appellate Court for the Second District, one judge dissenting, reversed the conviction on the ground that the statute is unconstitutional. (32 Ill. App.3d 444.) We granted the State's petition for leave to appeal.

In 1973, when this offense was committed, section 1 of the statute provided:

"(a) It is unlawful for a person less than 18 years of age to be present at or upon any public assembly, building, place, street or highway at the following times unless accompanied and supervised by a parent, legal guardian or other responsible companion at least 21 years of age approved by a parent or legal guardian or unless engaged in a business or occupation which the laws of this State authorize a person less than 18 years of age to perform:

1. Between 12:01 a.m. and 6:00 a.m. Saturday;

2. Between 12:01 a.m. and 6:00 a.m. Sunday; and

3. Between 11:00 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following day.

(b) It is unlawful for a parent, legal guardian or other person to knowingly permit a person in his custody or control to violate subparagraph (a) of this Section.

(c) A person convicted of a violation of any provision of this Section shall be guilty of a petty offense and shall be fined not less than $10 nor more than $100."

In 1975 the Act was amended by substituting "17" for "18" and "18" for "21". Ill. Rev. Stat. 1975, ch. 23, par. 2371.

The facts are summarized in the opinion of the appellate court (32 Ill. App.3d 444):

"* * * In the early morning hours of March 25, 1973, Cynthia Chambers, 17 years of age, her sister, Patricia Chambers, 15 years of age, and a friend who is not involved in this appeal were in a car driven by Cynthia in the rural area of Ogle County. At approximately 1 a.m. their car was parked on a one-lane bridge with its lights out. An Ogle County deputy sheriff saw the darkened vehicle as he drove by on patrol. As he approached the bridge, the car's lights came on and it proceeded across the bridge. When the deputy followed her car, Cynthia stopped and got out to speak to him. After ...


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