Juvenile Justice Reform Committee
Filed: 3/3/2010
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1 | AMENDMENT TO HOUSE BILL 4583
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2 | AMENDMENT NO. ______. Amend House Bill 4583, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Juvenile Court Act of 1987 is amended by | ||||||
6 | changing Sections 3-1, 3-7, and 3-15 and by adding Section 3-40 | ||||||
7 | as follows: | ||||||
8 | (705 ILCS 405/3-1) (from Ch. 37, par. 803-1) | ||||||
9 | Sec. 3-1. Jurisdictional facts. Proceedings may be | ||||||
10 | instituted under
this Article concerning boys and girls who | ||||||
11 | require authoritative intervention
as defined in Section 3-3 , | ||||||
12 | or who are truant minors in need of supervision
as defined in | ||||||
13 | Section 3-33.5 , or who are minors involved in electronic | ||||||
14 | dissemination of indecent visual depictions in need of | ||||||
15 | supervision as defined in Section 3-40 . | ||||||
16 | (Source: P.A. 94-1011, eff. 7-7-06.) |
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1 | (705 ILCS 405/3-7) (from Ch. 37, par. 803-7) | ||||||
2 | Sec. 3-7. Taking into temporary custody. | ||||||
3 | (1) A law enforcement officer may, without a warrant, take | ||||||
4 | into
temporary custody a minor (a) whom the officer with | ||||||
5 | reasonable cause
believes to be a minor requiring authoritative | ||||||
6 | intervention; (b) who has been
adjudged a ward of the court and | ||||||
7 | has escaped from any commitment ordered by
the court under this | ||||||
8 | Act; or (c) who is found in any street or public place
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9 | suffering from any sickness or injury which requires care, | ||||||
10 | medical
treatment or hospitalization ; or (d) whom the officer | ||||||
11 | with reasonable cause believes to be minor in need of | ||||||
12 | supervision under Section 3-40 . | ||||||
13 | (2) Whenever a petition has been filed under Section 3-15 | ||||||
14 | and the
court finds that the conduct and behavior of the minor | ||||||
15 | may endanger the
health, person, welfare, or property of | ||||||
16 | himself or others or that the
circumstances of his home | ||||||
17 | environment may endanger his health, person,
welfare or | ||||||
18 | property, a warrant may be issued immediately to take the minor
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19 | into custody. | ||||||
20 | (3) The taking of a minor into temporary custody under this | ||||||
21 | Section is
not an arrest nor does it constitute a police | ||||||
22 | record. | ||||||
23 | (4) No minor taken into temporary custody shall be placed | ||||||
24 | in a jail,
municipal lockup, detention center, or secure | ||||||
25 | correctional facility. |
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1 | (Source: P.A. 87-1154.) | ||||||
2 | (705 ILCS 405/3-15) (from Ch. 37, par. 803-15) | ||||||
3 | Sec. 3-15. Petition; supplemental petitions. | ||||||
4 | (1) Any adult person, any
agency or association by its | ||||||
5 | representative may file, or the court on its
own motion may | ||||||
6 | direct the filing through the State's Attorney of a petition
in | ||||||
7 | respect to a minor under this Act. The petition and all | ||||||
8 | subsequent court
documents shall be entitled "In the interest | ||||||
9 | of ...., a minor". | ||||||
10 | (2) The petition shall be verified but the statements may | ||||||
11 | be made
upon information and belief. It shall allege that the | ||||||
12 | minor
requires authoritative intervention or supervision and | ||||||
13 | set forth (a) facts sufficient to
bring the minor under Section | ||||||
14 | 3-3 , or 3-33.5 , or 3-40 ;
(b) the name, age and residence of the | ||||||
15 | minor; (c) the
names and residences of his parents; (d) the | ||||||
16 | name and residence of his
legal guardian or the person or | ||||||
17 | persons having custody or control of the
minor, or of the | ||||||
18 | nearest known relative if no parent or guardian can be
found; | ||||||
19 | and (e) if the minor upon whose behalf the petition is brought | ||||||
20 | is
sheltered in custody, the date on which shelter care was | ||||||
21 | ordered by the
court or the date set for a shelter care | ||||||
22 | hearing. If any of the facts
herein required are not known by | ||||||
23 | the petitioner, the petition shall so
state. | ||||||
24 | (3) The petition must allege that it is in the best | ||||||
25 | interests of the
minor and of the public that he be adjudged a |
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1 | ward of the court and may
pray generally for relief available | ||||||
2 | under this Act. The petition need
not specify any proposed | ||||||
3 | disposition following adjudication of wardship. | ||||||
4 | (4) If appointment of a guardian of the person with power | ||||||
5 | to consent
to adoption of the minor under Section 3-30 is | ||||||
6 | sought, the petition shall
so state. | ||||||
7 | (5) At any time before dismissal of the petition or before | ||||||
8 | final
closing and discharge under Section 3-32, one or more | ||||||
9 | supplemental
petitions may be filed in respect to the same | ||||||
10 | minor. | ||||||
11 | (Source: P.A. 94-1011, eff. 7-7-06.) | ||||||
12 | (705 ILCS 405/3-40 new) | ||||||
13 | Sec. 3-40. Minors involved in electronic dissemination of | ||||||
14 | indecent visual depictions in need of supervision. | ||||||
15 | (a) For the purposes of this Section: | ||||||
16 | "Computer" has the meaning ascribed to it in Section 16D-2 | ||||||
17 | of the Criminal Code of 1961. | ||||||
18 | "Electronic communication device" means an electronic | ||||||
19 | device, including but not limited to a wireless telephone, | ||||||
20 | personal digital assistant, or a portable or mobile computer, | ||||||
21 | that is capable of transmitting images or pictures. | ||||||
22 | "Indecent visual depiction" means a depiction or portrayal | ||||||
23 | in any pose, posture, or setting involving a lewd exhibition of | ||||||
24 | the unclothed or transparently clothed genitals, pubic area, | ||||||
25 | buttocks, or, if such person is female, a fully or partially |
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1 | developed breast of the person. | ||||||
2 | "Minor" means a person under 18 years of age. | ||||||
3 | (b) A minor shall not distribute or disseminate an indecent | ||||||
4 | visual depiction of another minor through the use of a computer | ||||||
5 | or electronic communication device. | ||||||
6 | (c) Adjudication. A minor who violates subsection (b) of | ||||||
7 | this Section may be subject to a petition for adjudication and | ||||||
8 | adjudged a minor in need of supervision. | ||||||
9 | (d) Kinds of dispositional orders. A minor found to be in | ||||||
10 | need of supervision under this Section may be: | ||||||
11 | (1) ordered to obtain counseling or other supportive | ||||||
12 | services to address the acts that led to the need for | ||||||
13 | supervision; or | ||||||
14 | (2) ordered to perform community service. | ||||||
15 | (e) Nothing in this Section shall be construed to prohibit | ||||||
16 | a prosecution for disorderly conduct, public indecency, child | ||||||
17 | pornography, a violation of the Harassing and Obscene | ||||||
18 | Communications Act, or any other applicable provision of law. ".
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