HB5310eng 104TH GENERAL ASSEMBLY

HB5310 Engrossed LRB104 18993 RLC 32438 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 3-2, 4-2, and 5-135 as follows:

(705 ILCS 405/3-2) (from Ch. 37, par. 803-2)

Sec. 3-2. Venue.

(1) Venue under this Article lies in the county where the minor resides or is found.

(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 therein, 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.

(3) Not later than 15 working days after the date an order of transfer is entered, the clerk of the court transferring a proceeding shall send to the clerk of the receiving court in the county to which the transfer is being made an authenticated copy of the court record, including all documents, petitions, and orders filed therein, and the minute orders and docket entries of the court. The clerk of the receiving court shall set a status hearing within 10 business days after receipt of the case and shall notify the judge of the receiving court and all parties.

(4) The receiving court shall review the court record immediately upon receipt. Within 20 business days after receipt of the record, the reviewing court shall send a notice to the transferring court indicating it has accepted the case and scheduled a status date. Until the transferring court receives this notice it continues to have jurisdiction over the case. If for any reason the receiving court does not accept the transfer, the receiving court shall, within 20 business days after receiving the case, send a notice to the transferring court indicating its reasons. The transferring court will continue its jurisdiction of the case and shall set the matter for status within 20 business days.

(Source: P.A. 85-601.)

(705 ILCS 405/4-2) (from Ch. 37, par. 804-2)

Sec. 4-2. Venue. (1) Venue under this Article lies in the county where the minor resides or is found.

(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 therein, 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.

(3) Not later than 15 working days after the date an order of transfer is entered, the clerk of the court transferring a proceeding shall send to the clerk of the receiving court in the county to which the transfer is being made an authenticated copy of the court record, including all documents, petitions, and orders filed therein, and the minute orders and docket entries of the court. The clerk of the receiving court shall set a status hearing within 10 business days after receipt of the case and shall notify the judge of the receiving court and all parties.

(4) The receiving court shall review the court record immediately upon receipt. Within 20 business days after receipt of the record, the reviewing court shall send a notice to the transferring court indicating it has accepted the case and scheduled a status date. Until the transferring court receives this notice it continues to have jurisdiction over the case. If for any reason the receiving court does not accept the transfer, the receiving court shall, within 20 business days after receiving the case, send a notice to the transferring court indicating its reasons. The transferring court will continue its jurisdiction of the case and shall set the matter for status within 20 business days.

(Source: P.A. 85-601.)

(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 under this Article lies in the county where the minor resides, where the alleged violation or attempted violation of 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.

(3) Not later than 15 working days after the date an order of transfer is entered, the clerk of the court transferring a proceeding shall send to the clerk of the receiving court in the county to which the transfer is being made an authenticated copy of the court record, including all documents, petitions, and orders filed therein, a copy of all reports prepared by the agency providing services to the minor, and the minute orders and docket entries of the court. The clerk of the receiving court shall set a status hearing within 10 business days after receipt of the case and shall notify the judge of the receiving court and all parties.

(4) The receiving court shall review the court record immediately upon receipt. Within 20 business days after receipt of the record, the reviewing court shall send a notice to the transferring court indicating it has accepted the case and scheduled a status date. Until the transferring court receives this notice it continues to have jurisdiction over the case. If for any reason the receiving court does not accept the transfer, the receiving court shall, within 20 business days after receiving the case, send a notice to the transferring court indicating its reasons. The transferring court will continue its jurisdiction of the case and shall set the matter for status within 20 business days.

(Source: P.A. 103-27, eff. 1-1-24.)

Section 99. Effective date. This Act takes effect upon becoming law.