Bill Amendment: IL HB4091 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: JUV CT-SUBSEQ FIREARM OFFENSE

Status: 2026-06-01 - Added as Alternate Co-Sponsor Sen. Mattie Hunter [HB4091 Detail]

Download: Illinois-2025-HB4091-House_Amendment_001.html

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Rep. Anthony DeLuca

Filed: 3/2/2026

 

 

 

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AMENDMENT TO HOUSE BILL 4091
AMENDMENT NO. ______. Amend House Bill 4091 by replacing
everything after the enacting clause with the following:
"Section 5. The Juvenile Court Act of 1987 is amended by
changing Section 5-715 as follows:
(705 ILCS 405/5-715)
Sec. 5-715. Probation.
(1) The period of probation or conditional discharge shall
not exceed 5 years or until the minor has attained the age of
21 years, whichever is less, except as provided in this
Section for a minor who is found to be guilty for an offense
which is first degree murder. The juvenile court may terminate
probation or conditional discharge and discharge the minor at
any time if warranted by the conduct of the minor and the ends
of justice; provided, however, that the period of probation
for a minor who is found to be guilty for an offense which is

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first degree murder shall be at least 5 years.
(1.5) The period of probation for a minor who is found
guilty of aggravated criminal sexual assault, criminal sexual
assault, or aggravated battery with a firearm shall be at
least 36 months. The period of probation for a minor who is
found to be guilty of any other Class X felony shall be at
least 24 months. The period of probation for a Class 1 or Class
2 forcible felony shall be at least 18 months. Regardless of
the length of probation ordered by the court, for all offenses
under this subsection (1.5), the court shall schedule hearings
to determine whether it is in the best interest of the minor
and public safety to terminate probation after the minimum
period of probation has been served. In such a hearing, there
shall be a rebuttable presumption that it is in the best
interest of the minor and public safety to terminate
probation.
(2) The court may as a condition of probation or of
conditional discharge require that the minor:
(a) not violate any criminal statute of any
jurisdiction;
(b) make a report to and appear in person before any
person or agency as directed by the court;
(c) work or pursue a course of study or vocational
training;
(d) undergo medical or psychiatric treatment, rendered
by a psychiatrist or psychological treatment rendered by a

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clinical psychologist or social work services rendered by
a clinical social worker, or treatment for drug addiction
or alcoholism;
(e) attend or reside in a facility established for the
instruction or residence of persons on probation;
(f) support the minor's dependents, if any;
(g) refrain from possessing a firearm or other
dangerous weapon, or an automobile;
(h) permit the probation officer to visit the minor at
the minor's home or elsewhere;
(i) reside with the minor's parents or in a foster
home;
(j) attend school;
(j-5) with the consent of the superintendent of the
facility, attend an educational program at a facility
other than the school in which the offense was committed
if the minor committed a crime of violence as defined in
Section 2 of the Crime Victims Compensation Act in a
school, on the real property comprising a school, or
within 1,000 feet of the real property comprising a
school;
(k) attend a non-residential program for youth;
(l) make restitution under the terms of subsection (4)
of Section 5-710;
(m) provide nonfinancial contributions to the minor's
own support at home or in a foster home;

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(n) perform some reasonable public or community
service that does not interfere with school hours,
school-related activities, or work commitments of the
minor or the minor's parent, guardian, or legal custodian;
(o) participate with community corrections programs
including unified delinquency intervention services
administered by the Department of Human Services subject
to Section 5 of the Children and Family Services Act;
(p) (blank);
(q) serve a term of home confinement. In addition to
any other applicable condition of probation or conditional
discharge, the conditions of home confinement shall be
that the minor:
(i) remain within the interior premises of the
place designated for the minor's confinement during
the hours designated by the court;
(ii) admit any person or agent designated by the
court into the minor's place of confinement at any
time for purposes of verifying the minor's compliance
with the conditions of the minor's confinement; and
(iii) use an approved electronic monitoring device
if ordered by the court subject to Article 8A of
Chapter V of the Unified Code of Corrections;
(r) refrain from entering into a designated geographic
area except upon terms as the court finds appropriate. The
terms may include consideration of the purpose of the

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entry, the time of day, other persons accompanying the
minor, and advance approval by a probation officer, if the
minor has been placed on probation, or advance approval by
the court, if the minor has been placed on conditional
discharge;
(s) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including, but not limited to, members
of street gangs and drug users or dealers;
(s-5) undergo a medical or other procedure to have a
tattoo symbolizing allegiance to a street gang removed
from the minor's body;
(t) refrain from having in the minor's body the
presence of any illicit drug prohibited by the Cannabis
Control Act, the Illinois Controlled Substances Act, or
the Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and shall submit samples
of the minor's blood or urine or both for tests to
determine the presence of any illicit drug; or
(u) comply with other conditions as may be ordered by
the court.
(3) The court may as a condition of probation or of
conditional discharge require that a minor found guilty on any
alcohol, cannabis, methamphetamine, or controlled substance
violation, refrain from acquiring a driver's license during
the period of probation or conditional discharge. If the minor

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is in possession of a permit or license, the court may require
that the minor refrain from driving or operating any motor
vehicle during the period of probation or conditional
discharge, except as may be necessary in the course of the
minor's lawful employment.
(3.5) The court shall, as a condition of probation or of
conditional discharge, require that a minor found to be guilty
and placed on probation for reasons that include a violation
of Section 3.02 or Section 3.03 of the Humane Care for Animals
Act or paragraph (4) of subsection (a) of Section 21-1 of the
Criminal Code of 2012 undergo medical or psychiatric treatment
rendered by a psychiatrist or psychological treatment rendered
by a clinical psychologist. The condition may be in addition
to any other condition.
(3.10) The court shall order that a minor placed on
probation or conditional discharge for a sex offense as
defined in the Sex Offender Management Board Act undergo and
successfully complete sex offender treatment. The treatment
shall be in conformance with the standards developed under the
Sex Offender Management Board Act and conducted by a treatment
provider approved by the Board.
(4) A minor on probation or conditional discharge shall be
given a certificate setting forth the conditions upon which
the minor is being released.
(5) (Blank).
(5.5) Jurisdiction over an offender may be transferred

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from the sentencing court to the court of another circuit with
the concurrence of both courts. Further transfers or
retransfers of jurisdiction are also authorized in the same
manner. The court to which jurisdiction has been transferred
shall have the same powers as the sentencing court.
If the transfer case originated in another state and has
been transferred under the Interstate Compact for Juveniles to
the jurisdiction of an Illinois circuit court for supervision
by an Illinois probation department, probation fees may be
imposed only if permitted by the Interstate Commission for
Juveniles.
(6) The General Assembly finds that in order to protect
the public, the juvenile justice system must compel compliance
with the conditions of probation by responding to violations
with swift, certain, and fair punishments and intermediate
sanctions. The Chief Judge of each circuit shall adopt a
system of structured, intermediate sanctions for violations of
the terms and conditions of a sentence of supervision,
probation, or conditional discharge, under this Act.
The court shall provide as a condition of a disposition of
probation, conditional discharge, or supervision, that the
probation agency may invoke any sanction from the list of
intermediate sanctions adopted by the chief judge of the
circuit court for violations of the terms and conditions of
the sentence of probation, conditional discharge, or
supervision, subject to the provisions of Section 5-720 of

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this Act.
(6.5)(a) When the court places a minor on probation for an
offense that involves the possession or discharge of a firearm
not causing any injury, and the minor has previously been
placed on probation for an offense that involves the
possession or discharge of a firearm not causing any injury,
the probation agency shall:
(i) conduct an individualized assessment of the
minor's needs;
(ii) identify the array of services available in the
community where the minor resides that may be appropriate
to address the minor's needs, which may include, but are
not limited to, restorative justice programs, social
service programs for high-risk youth, cognitive behavioral
therapy, family engagement, and mentoring; and
(iii) share with the minor and the minor's parent,
guardian, or legal custodian information about their
options to access services identified under this paragraph
(a).
(b) The probation agency may recommend to the court that
it require the minor to access the services identified under
paragraph (a) as a condition of probation.
(7) Fines and assessments, including any fee or
administrative cost authorized under Section 5-4.5-105,
5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the
Unified Code of Corrections, shall not be ordered or imposed

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on a minor or the minor's parent, guardian, or legal custodian
as a condition of probation, conditional discharge, or
supervision. If the minor or the minor's parent, guardian, or
legal custodian is unable to cover the cost of a condition
under this subsection, the court shall not preclude the minor
from receiving probation, conditional discharge, or
supervision based on the inability to pay. Inability to pay
shall not be grounds to object to the minor's placement on
probation, conditional discharge, or supervision.
(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
103-605, eff. 7-1-24.)".