Bill Text: IL HB2223 | 2023-2024 | 103rd General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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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1 | AN ACT concerning courts.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Juvenile Court Act of 1987 is amended by | ||||||
5 | changing Sections 5-105, 5-120, and 5-135 as follows:
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6 | (705 ILCS 405/5-105)
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7 | Sec. 5-105. Definitions. As used in this Article:
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8 | (1) "Aftercare release" means the conditional and | ||||||
9 | revocable release of an adjudicated delinquent juvenile | ||||||
10 | committed to the Department of Juvenile Justice under the | ||||||
11 | supervision of the Department of Juvenile Justice. | ||||||
12 | (1.5) "Court" means the circuit court in a session or | ||||||
13 | division
assigned to hear proceedings under this Act, and | ||||||
14 | includes the term Juvenile
Court.
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15 | (2) "Community service" means uncompensated labor for | ||||||
16 | a community service
agency as hereinafter defined.
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17 | (2.5) "Community service agency" means a | ||||||
18 | not-for-profit organization,
community
organization, | ||||||
19 | church, charitable organization, individual, public | ||||||
20 | office,
or other public body whose purpose is to enhance
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21 | the physical or mental health of a delinquent minor or to | ||||||
22 | rehabilitate the
minor, or to improve the environmental | ||||||
23 | quality or social welfare of the
community which agrees to |
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1 | accept community service from juvenile delinquents
and to | ||||||
2 | report on the progress of the community service to the | ||||||
3 | State's
Attorney pursuant to an agreement or to the court | ||||||
4 | or to any agency designated
by the court or to the | ||||||
5 | authorized diversion program that has referred the
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6 | delinquent minor for community service.
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7 | (3) "Delinquent minor" means any minor who prior to | ||||||
8 | the minor's his or her 18th birthday has violated or | ||||||
9 | attempted to violate an Illinois , regardless of where the | ||||||
10 | act occurred, any federal, State, county , or municipal law | ||||||
11 | or ordinance.
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12 | (4) "Department" means the Department of Human | ||||||
13 | Services unless specifically
referenced as another | ||||||
14 | department.
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15 | (5) "Detention" means the temporary care of a minor | ||||||
16 | who is alleged to be or
has been adjudicated
delinquent | ||||||
17 | and who requires secure custody for the minor's own
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18 | protection or the community's protection in a facility | ||||||
19 | designed to physically
restrict the minor's movements, | ||||||
20 | pending disposition by the court or
execution of an order | ||||||
21 | of the court for placement or commitment. Design
features | ||||||
22 | that physically restrict movement include, but are not | ||||||
23 | limited to,
locked rooms and the secure handcuffing of a | ||||||
24 | minor to a rail or other
stationary object. In addition, | ||||||
25 | "detention" includes the court ordered
care of an alleged | ||||||
26 | or adjudicated delinquent minor who requires secure
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1 | custody pursuant to Section 5-125 of this Act.
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2 | (6) "Diversion" means the referral of a juvenile, | ||||||
3 | without court
intervention,
into a program that provides | ||||||
4 | services designed to educate the juvenile and
develop a | ||||||
5 | productive and responsible approach to living in the | ||||||
6 | community.
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7 | (7) "Juvenile detention home" means a public facility | ||||||
8 | with specially trained
staff that conforms to the county | ||||||
9 | juvenile detention standards adopted by
the Department of | ||||||
10 | Juvenile Justice.
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11 | (8) "Juvenile justice continuum" means a set of | ||||||
12 | delinquency prevention
programs and services designed for | ||||||
13 | the purpose of preventing or reducing
delinquent acts, | ||||||
14 | including criminal activity by youth gangs, as well as
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15 | intervention, rehabilitation, and prevention services | ||||||
16 | targeted at minors who
have committed delinquent acts,
and | ||||||
17 | minors who have previously been committed to residential | ||||||
18 | treatment programs
for delinquents. The term includes | ||||||
19 | children-in-need-of-services and
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20 | families-in-need-of-services programs; aftercare and | ||||||
21 | reentry services;
substance abuse and mental health | ||||||
22 | programs;
community service programs; community service
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23 | work programs; and alternative-dispute resolution programs | ||||||
24 | serving
youth-at-risk of delinquency and their families, | ||||||
25 | whether offered or delivered
by State or
local | ||||||
26 | governmental entities, public or private for-profit or |
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1 | not-for-profit
organizations, or religious or charitable | ||||||
2 | organizations. This term would also
encompass any program | ||||||
3 | or service consistent with the purpose of those programs
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4 | and services enumerated in this subsection.
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5 | (9) "Juvenile police officer" means a sworn police | ||||||
6 | officer who has completed
a Basic Recruit Training Course, | ||||||
7 | has been assigned to the position of juvenile
police | ||||||
8 | officer by his or her chief law enforcement officer and | ||||||
9 | has completed
the necessary juvenile officers training as | ||||||
10 | prescribed by the Illinois Law
Enforcement Training | ||||||
11 | Standards Board, or in the case of a State police officer,
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12 | juvenile officer training approved by the Director of the | ||||||
13 | Illinois State
Police.
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14 | (10) "Minor" means a person under the age of 21 years | ||||||
15 | subject to this Act.
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16 | (11) "Non-secure custody" means confinement where the | ||||||
17 | minor is not
physically
restricted by being placed in a | ||||||
18 | locked cell or room, by being handcuffed to a
rail or other | ||||||
19 | stationary object, or by other means. Non-secure custody | ||||||
20 | may
include, but is not limited to, electronic monitoring, | ||||||
21 | foster home placement,
home confinement, group home | ||||||
22 | placement, or physical restriction of movement or
activity | ||||||
23 | solely through facility staff.
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24 | (12) "Public or community service" means uncompensated | ||||||
25 | labor for a
not-for-profit organization
or public body | ||||||
26 | whose purpose is to enhance physical or mental stability |
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1 | of the
offender, environmental quality or the social | ||||||
2 | welfare and which agrees to
accept public or community | ||||||
3 | service from offenders and to report on the progress
of | ||||||
4 | the offender and the public or community service to the | ||||||
5 | court or to the
authorized diversion program that has | ||||||
6 | referred the offender for public or
community
service. | ||||||
7 | "Public or community service" does not include blood | ||||||
8 | donation or assignment to labor at a blood bank. For the | ||||||
9 | purposes of this Act, "blood bank" has the meaning | ||||||
10 | ascribed to the term in Section 2-124 of the Illinois | ||||||
11 | Clinical Laboratory and Blood Bank Act.
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12 | (13) "Sentencing hearing" means a hearing to determine | ||||||
13 | whether a minor
should
be adjudged a ward of the court, and | ||||||
14 | to determine what sentence should be
imposed on the minor. | ||||||
15 | It is the intent of the General Assembly that the term
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16 | "sentencing hearing" replace the term "dispositional | ||||||
17 | hearing" and be synonymous
with that definition as it was | ||||||
18 | used in the Juvenile Court Act of 1987.
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19 | (14) "Shelter" means the temporary care of a minor in | ||||||
20 | physically
unrestricting facilities pending court | ||||||
21 | disposition or execution of court order
for placement.
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22 | (15) "Site" means a not-for-profit organization, | ||||||
23 | public
body, church, charitable organization, or | ||||||
24 | individual agreeing to
accept
community service from | ||||||
25 | offenders and to report on the progress of ordered or
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26 | required public or community service to the court or to |
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1 | the authorized
diversion program that has referred the | ||||||
2 | offender for public or community
service.
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3 | (16) "Station adjustment" means the informal or formal | ||||||
4 | handling of an
alleged
offender by a juvenile police | ||||||
5 | officer.
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6 | (17) "Trial" means a hearing to determine whether the | ||||||
7 | allegations of a
petition under Section 5-520 that a minor | ||||||
8 | is delinquent are proved beyond a
reasonable doubt. It is | ||||||
9 | the intent of the General Assembly that the term
"trial" | ||||||
10 | replace the term "adjudicatory hearing" and be synonymous | ||||||
11 | with that
definition as it was used in the Juvenile Court | ||||||
12 | Act of 1987.
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13 | The changes made to this Section by Public Act 98-61 apply | ||||||
14 | to violations or attempted violations committed on or after | ||||||
15 | January 1, 2014 (the effective date of Public Act 98-61). | ||||||
16 | (Source: P.A. 102-538, eff. 8-20-21.)
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17 | (705 ILCS 405/5-120)
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18 | Sec. 5-120. Exclusive jurisdiction. Proceedings may be | ||||||
19 | instituted under the provisions of this Article concerning
any | ||||||
20 | minor who prior to his or her 18th birthday has violated or | ||||||
21 | attempted to violate an Illinois , regardless of where the act | ||||||
22 | occurred, any federal, State, county , or municipal law or | ||||||
23 | ordinance. Except as provided in Sections 5-125, 5-130,
5-805, | ||||||
24 | and 5-810 of this Article, no minor who was under 18 years of | ||||||
25 | age at the
time of the alleged offense may be prosecuted under |
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1 | the criminal laws of this
State.
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2 | The changes made to this Section by this amendatory Act of | ||||||
3 | the 98th General Assembly apply to violations or attempted | ||||||
4 | violations committed on or after the effective date of this | ||||||
5 | amendatory Act. | ||||||
6 | (Source: P.A. 98-61, eff. 1-1-14.)
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7 | (705 ILCS 405/5-135)
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8 | Sec. 5-135. Venue.
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9 | (1) If the offense is committed either wholly or partly | ||||||
10 | within the State of Illinois, venue Venue under this Article | ||||||
11 | lies in the county where the minor resides,
where the alleged | ||||||
12 | violation or attempted violation of federal or State
law or | ||||||
13 | county or municipal ordinance occurred or in the county where
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14 | the order of the court, alleged to have been violated by the | ||||||
15 | minor, was made
unless subsequent to the order the proceedings | ||||||
16 | have been transferred to another
county.
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17 | (2) If proceedings are commenced in any county other than | ||||||
18 | that of the
minor's residence, the court in which the | ||||||
19 | proceedings were initiated may at any
time before or after | ||||||
20 | adjudication of wardship transfer the case to the county
of | ||||||
21 | the minor's residence by transmitting to the court in that | ||||||
22 | county an
authenticated copy of the court record, including | ||||||
23 | all documents, petitions and
orders filed in that court, a | ||||||
24 | copy of all reports prepared by the agency
providing services | ||||||
25 | to the minor, and the minute orders and docket entries of
the |
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1 | court. Transfer in like manner may be made in the event of a | ||||||
2 | change of
residence from one county to another of a minor | ||||||
3 | concerning whom proceedings
are pending.
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4 | (Source: P.A. 90-590, eff. 1-1-99; 91-357, eff. 7-29-99.)
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