Bill Text: IL HB2223 | 2023-2024 | 103rd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Juvenile Court Act of 1987. Deletes from the definition of "delinquent minor" that the minor violated or attempted to violate any federal law and that a minor may meet the definition of "delinquent minor" regardless of where the act occurred. Makes conforming changes in Sections concerning venue and exclusive jurisdiction.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Passed) 2023-06-09 - Public Act . . . . . . . . . 103-0027 [HB2223 Detail]

Download: Illinois-2023-HB2223-Enrolled.html

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AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Juvenile Court Act of 1987 is amended by
changing Sections 5-105, 5-120, and 5-135 as follows:
(705 ILCS 405/5-105)
Sec. 5-105. Definitions. As used in this Article:
(1) "Aftercare release" means the conditional and
revocable release of an adjudicated delinquent juvenile
committed to the Department of Juvenile Justice under the
supervision of the Department of Juvenile Justice.
(1.5) "Court" means the circuit court in a session or
division assigned to hear proceedings under this Act, and
includes the term Juvenile Court.
(2) "Community service" means uncompensated labor for
a community service agency as hereinafter defined.
(2.5) "Community service agency" means a
not-for-profit organization, community organization,
church, charitable organization, individual, public
office, or other public body whose purpose is to enhance
the physical or mental health of a delinquent minor or to
rehabilitate the minor, or to improve the environmental
quality or social welfare of the community which agrees to

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accept community service from juvenile delinquents and to
report on the progress of the community service to the
State's Attorney pursuant to an agreement or to the court
or to any agency designated by the court or to the
authorized diversion program that has referred the
delinquent minor for community service.
(3) "Delinquent minor" means any minor who prior to
the minor's his or her 18th birthday has violated or
attempted to violate an Illinois , regardless of where the
act occurred, any federal, State, county, or municipal law
or ordinance.
(4) "Department" means the Department of Human
Services unless specifically referenced as another
department.
(5) "Detention" means the temporary care of a minor
who is alleged to be or has been adjudicated delinquent
and who requires secure custody for the minor's own
protection or the community's protection in a facility
designed to physically restrict the minor's movements,
pending disposition by the court or execution of an order
of the court for placement or commitment. Design features
that physically restrict movement include, but are not
limited to, locked rooms and the secure handcuffing of a
minor to a rail or other stationary object. In addition,
"detention" includes the court ordered care of an alleged
or adjudicated delinquent minor who requires secure

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custody pursuant to Section 5-125 of this Act.
(6) "Diversion" means the referral of a juvenile,
without court intervention, into a program that provides
services designed to educate the juvenile and develop a
productive and responsible approach to living in the
community.
(7) "Juvenile detention home" means a public facility
with specially trained staff that conforms to the county
juvenile detention standards adopted by the Department of
Juvenile Justice.
(8) "Juvenile justice continuum" means a set of
delinquency prevention programs and services designed for
the purpose of preventing or reducing delinquent acts,
including criminal activity by youth gangs, as well as
intervention, rehabilitation, and prevention services
targeted at minors who have committed delinquent acts, and
minors who have previously been committed to residential
treatment programs for delinquents. The term includes
children-in-need-of-services and
families-in-need-of-services programs; aftercare and
reentry services; substance abuse and mental health
programs; community service programs; community service
work programs; and alternative-dispute resolution programs
serving youth-at-risk of delinquency and their families,
whether offered or delivered by State or local
governmental entities, public or private for-profit or

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not-for-profit organizations, or religious or charitable
organizations. This term would also encompass any program
or service consistent with the purpose of those programs
and services enumerated in this subsection.
(9) "Juvenile police officer" means a sworn police
officer who has completed a Basic Recruit Training Course,
has been assigned to the position of juvenile police
officer by his or her chief law enforcement officer and
has completed the necessary juvenile officers training as
prescribed by the Illinois Law Enforcement Training
Standards Board, or in the case of a State police officer,
juvenile officer training approved by the Director of the
Illinois State Police.
(10) "Minor" means a person under the age of 21 years
subject to this Act.
(11) "Non-secure custody" means confinement where the
minor is not physically restricted by being placed in a
locked cell or room, by being handcuffed to a rail or other
stationary object, or by other means. Non-secure custody
may include, but is not limited to, electronic monitoring,
foster home placement, home confinement, group home
placement, or physical restriction of movement or activity
solely through facility staff.
(12) "Public or community service" means uncompensated
labor for a not-for-profit organization or public body
whose purpose is to enhance physical or mental stability

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of the offender, environmental quality or the social
welfare and which agrees to accept public or community
service from offenders and to report on the progress of
the offender and the public or community service to the
court or to the authorized diversion program that has
referred the offender for public or community service.
"Public or community service" does not include blood
donation or assignment to labor at a blood bank. For the
purposes of this Act, "blood bank" has the meaning
ascribed to the term in Section 2-124 of the Illinois
Clinical Laboratory and Blood Bank Act.
(13) "Sentencing hearing" means a hearing to determine
whether a minor should be adjudged a ward of the court, and
to determine what sentence should be imposed on the minor.
It is the intent of the General Assembly that the term
"sentencing hearing" replace the term "dispositional
hearing" and be synonymous with that definition as it was
used in the Juvenile Court Act of 1987.
(14) "Shelter" means the temporary care of a minor in
physically unrestricting facilities pending court
disposition or execution of court order for placement.
(15) "Site" means a not-for-profit organization,
public body, church, charitable organization, or
individual agreeing to accept community service from
offenders and to report on the progress of ordered or
required public or community service to the court or to

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the authorized diversion program that has referred the
offender for public or community service.
(16) "Station adjustment" means the informal or formal
handling of an alleged offender by a juvenile police
officer.
(17) "Trial" means a hearing to determine whether the
allegations of a petition under Section 5-520 that a minor
is delinquent are proved beyond a reasonable doubt. It is
the intent of the General Assembly that the term "trial"
replace the term "adjudicatory hearing" and be synonymous
with that definition as it was used in the Juvenile Court
Act of 1987.
The changes made to this Section by Public Act 98-61 apply
to violations or attempted violations committed on or after
January 1, 2014 (the effective date of Public Act 98-61).
(Source: P.A. 102-538, eff. 8-20-21.)
(705 ILCS 405/5-120)
Sec. 5-120. Exclusive jurisdiction. Proceedings may be
instituted under the provisions of this Article concerning any
minor who prior to his or her 18th birthday has violated or
attempted to violate an Illinois , regardless of where the act
occurred, any federal, State, county, or municipal law or
ordinance. Except as provided in Sections 5-125, 5-130, 5-805,
and 5-810 of this Article, no minor who was under 18 years of
age at the time of the alleged offense may be prosecuted under

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the criminal laws of this State.
The changes made to this Section by this amendatory Act of
the 98th General Assembly apply to violations or attempted
violations committed on or after the effective date of this
amendatory Act.
(Source: P.A. 98-61, eff. 1-1-14.)
(705 ILCS 405/5-135)
Sec. 5-135. Venue.
(1) If the offense is committed either wholly or partly
within the State of Illinois, venue Venue under this Article
lies in the county where the minor resides, where the alleged
violation or attempted violation of federal or State law or
county or municipal ordinance occurred or in the county where
the order of the court, alleged to have been violated by the
minor, was made unless subsequent to the order the proceedings
have been transferred to another county.
(2) If proceedings are commenced in any county other than
that of the minor's residence, the court in which the
proceedings were initiated may at any time before or after
adjudication of wardship transfer the case to the county of
the minor's residence by transmitting to the court in that
county an authenticated copy of the court record, including
all documents, petitions and orders filed in that court, a
copy of all reports prepared by the agency providing services
to the minor, and the minute orders and docket entries of the

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court. Transfer in like manner may be made in the event of a
change of residence from one county to another of a minor
concerning whom proceedings are pending.
(Source: P.A. 90-590, eff. 1-1-99; 91-357, eff. 7-29-99.)