103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1669
 
Introduced 2/8/2023, by Sen. Robert Peters
 
SYNOPSIS AS INTRODUCED:



      
705 ILCS 405/5-105
705 ILCS 405/5-120
705 ILCS 405/5-135

 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.



LRB103 25351 RLC 51696 b


 
 
A BILL FOR
 


SB1669LRB103 25351 RLC 51696 b



1 AN ACT concerning courts.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Juvenile Court Act of 1987 is amended by 
5changing Sections 5-105, 5-120, and 5-135 as follows:




6 (705 ILCS 405/5-105)



7 Sec. 5-105. Definitions. As used in this Article:

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.

15  (2) "Community service" means uncompensated labor for 
16 a community service
agency as hereinafter defined.

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

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

6 delinquent minor for community service. 

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.

12  (4) "Department" means the Department of Human 
13 Services unless specifically
referenced as another 
14 department.

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

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.

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.

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.

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

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

20 families-in-need-of-services programs; aftercare and 
21 reentry services;
substance abuse and mental health 
22 programs;
community service programs; community service

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

4 and services enumerated in this subsection.

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,

12 juvenile officer training approved by the Director of the 
13 Illinois State
Police.

14  (10) "Minor" means a person under the age of 21 years 
15 subject to this Act.

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.

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.

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

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.

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.

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

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.

3  (16) "Station adjustment" means the informal or formal 
4 handling of an
alleged
offender by a juvenile police 
5 officer.

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.

13 The changes made to this Section by Public Act 98-61 apply 
14to violations or attempted violations committed on or after 
15January 1, 2014 (the effective date of Public Act 98-61). 
16(Source: P.A. 102-538, eff. 8-20-21.)





17 (705 ILCS 405/5-120)



18 Sec. 5-120. Exclusive jurisdiction. Proceedings may be 
19instituted under the provisions of this Article concerning
any 
20minor who prior to his or her 18th birthday has violated or 
21attempted to violate an Illinois , regardless of where the act 
22occurred, any federal, State, county, or municipal law or 
23ordinance. Except as provided in Sections 5-125, 5-130,
5-805, 
24and 5-810 of this Article, no minor who was under 18 years of 
25age at the
time of the alleged offense may be prosecuted under 
 
 
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1the criminal laws of this
State.

2 The changes made to this Section by this amendatory Act of 
3the 98th General Assembly apply to violations or attempted 
4violations committed on or after the effective date of this 
5amendatory Act. 
6(Source: P.A. 98-61, eff. 1-1-14.)





7 (705 ILCS 405/5-135)



8 Sec. 5-135. Venue. 

9 (1) If the offense is committed either wholly or partly 
10within the State of Illinois, venue Venue under this Article 
11lies in the county where the minor resides,
where the alleged 
12violation or attempted violation of federal or State
law or 
13county or municipal ordinance occurred or in the county where

14the order of the court, alleged to have been violated by the 
15minor, was made
unless subsequent to the order the proceedings 
16have been transferred to another
county.

17 (2) If proceedings are commenced in any county other than 
18that of the
minor's residence, the court in which the 
19proceedings were initiated may at any
time before or after 
20adjudication of wardship transfer the case to the county
of 
21the minor's residence by transmitting to the court in that 
22county an
authenticated copy of the court record, including 
23all documents, petitions and
orders filed in that court, a 
24copy of all reports prepared by the agency
providing services 
25to the minor, and the minute orders and docket entries of
the 
 
 
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1court. Transfer in like manner may be made in the event of a 
2change of
residence from one county to another of a minor 
3concerning whom proceedings
are pending.

4(Source: P.A. 90-590, eff. 1-1-99; 91-357, eff. 7-29-99.)