Public Act 103-0027
 
HB2223 EnrolledLRB103 25352 RLC 51697 b


  
    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 
    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

    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 
    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 
    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 
    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 
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 
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.)