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1 | AN ACT concerning education.
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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 School Code is amended by changing Sections | |||||||||||||||||||||||||
5 | 13A-2.5 and 13A-4 as follows:
| |||||||||||||||||||||||||
6 | (105 ILCS 5/13A-2.5)
| |||||||||||||||||||||||||
7 | Sec. 13A-2.5. Disruptive student. "Disruptive student" | |||||||||||||||||||||||||
8 | includes
suspension or expulsion eligible students and | |||||||||||||||||||||||||
9 | students in any of grades 6 through 12, other than students in | |||||||||||||||||||||||||
10 | a school district organized under Article 34 of this Code, | |||||||||||||||||||||||||
11 | against whom juvenile or criminal proceedings alleging the | |||||||||||||||||||||||||
12 | commission of a forcible felony, as defined in Section 2-8 of | |||||||||||||||||||||||||
13 | the Criminal Code of 1961, are pending or against whom juvenile | |||||||||||||||||||||||||
14 | or criminal proceedings alleging the commission of a sex | |||||||||||||||||||||||||
15 | offense, as defined in Section 2 of the Sex Offender | |||||||||||||||||||||||||
16 | Registration Act, are pending in any of grades 6 through 12 .
| |||||||||||||||||||||||||
17 | " Suspension or expulsion eligible
students " are those students | |||||||||||||||||||||||||
18 | that have been found to be eligible for suspension
or expulsion | |||||||||||||||||||||||||
19 | through the discipline process established by a school | |||||||||||||||||||||||||
20 | district.
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21 | (Source: P.A. 89-383, eff. 8-18-95.)
| |||||||||||||||||||||||||
22 | (105 ILCS 5/13A-4)
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| |||||||
1 | Sec. 13A-4. Administrative transfers. A student who is | ||||||
2 | determined to be
subject to suspension or expulsion in the | ||||||
3 | manner provided by Section 10-22.6
(or,
in the case of a | ||||||
4 | student enrolled in the public schools of a school district
| ||||||
5 | organized under Article 34, in accordance with the uniform | ||||||
6 | system of discipline
established under Section 34-19) or a | ||||||
7 | student whom the school district has deemed to pose a continued | ||||||
8 | and substantial disruption to the school environment may be
| ||||||
9 | immediately transferred to the alternative program. Transfer | ||||||
10 | to the alternative program shall take place only after a | ||||||
11 | student is allowed to access the due process procedure | ||||||
12 | established by the school district. This process shall include | ||||||
13 | a notice presented to the student's parents or guardian stating | ||||||
14 | the intent to transfer the student to an alternative program | ||||||
15 | and an opportunity for the parents or guardian to respond. At | ||||||
16 | the earliest time
following that transfer appropriate | ||||||
17 | personnel from the sending school district
and appropriate | ||||||
18 | personnel of the alternative program shall meet to develop an
| ||||||
19 | alternative education plan for the student. The student's | ||||||
20 | parent or guardian
shall be invited to this meeting. The | ||||||
21 | student may be invited. The alternative
educational plan shall | ||||||
22 | include, but not be limited to all of the following:
| ||||||
23 | (1) The duration of the plan, including a date after | ||||||
24 | which the student may
be returned to the regular | ||||||
25 | educational program in the public schools of the
| ||||||
26 | transferring district. If the parent or guardian of a |
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| |||||||
1 | student
who is scheduled to be returned to the regular | ||||||
2 | education program in the public
schools of the district | ||||||
3 | files a written objection to the return with the
principal | ||||||
4 | of the alternative school, the matter shall be referred by | ||||||
5 | the
principal to the regional superintendent of the | ||||||
6 | educational service region in
which the alternative school | ||||||
7 | program is located for a hearing. Notice of
the hearing
| ||||||
8 | shall be given by the regional superintendent to the | ||||||
9 | student's parent or
guardian. After the hearing, the | ||||||
10 | regional superintendent may take such action
as he or she | ||||||
11 | finds appropriate and in the best interests of the student. | ||||||
12 | The
determination of the regional superintendent shall be | ||||||
13 | final.
| ||||||
14 | (2) The specific academic and behavioral components of | ||||||
15 | the plan.
| ||||||
16 | (3) A method and time frame for reviewing the student's | ||||||
17 | progress.
| ||||||
18 | Notwithstanding any other provision of this Article, if a | ||||||
19 | student for whom an
individualized educational program has been | ||||||
20 | developed under Article 14 is
transferred to an alternative | ||||||
21 | school program under this Article 13A, that
individualized | ||||||
22 | educational program shall continue to apply to that student
| ||||||
23 | following the transfer unless modified in accordance with the | ||||||
24 | provisions of
Article 14.
| ||||||
25 | (Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96.)
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| |||||||
1 | Section 10. The Juvenile Court Act of 1987 is amended by | ||||||
2 | changing Sections 1-8 and 5-520 as follows:
| ||||||
3 | (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
| ||||||
4 | Sec. 1-8. Confidentiality and accessibility of juvenile | ||||||
5 | court records.
| ||||||
6 | (A) Inspection and copying of juvenile court records | ||||||
7 | relating to a minor
who is the subject of a proceeding under | ||||||
8 | this Act shall be restricted to the
following:
| ||||||
9 | (1) The minor who is the subject of record, his | ||||||
10 | parents, guardian
and counsel.
| ||||||
11 | (2) Law enforcement officers and law enforcement | ||||||
12 | agencies when such
information is essential to executing an | ||||||
13 | arrest or search warrant or other
compulsory process, or to | ||||||
14 | conducting an ongoing investigation
or relating to a minor | ||||||
15 | who
has been adjudicated delinquent and there has been a | ||||||
16 | previous finding that
the act which constitutes the | ||||||
17 | previous offense was committed in furtherance
of criminal | ||||||
18 | activities by a criminal street gang.
| ||||||
19 | Before July 1, 1994, for the purposes of this Section, | ||||||
20 | "criminal street
gang" means any ongoing
organization, | ||||||
21 | association, or group of 3 or more persons, whether formal | ||||||
22 | or
informal, having as one of its primary activities the | ||||||
23 | commission of one or
more criminal acts and that has a | ||||||
24 | common name or common identifying sign,
symbol or specific | ||||||
25 | color apparel displayed, and whose members individually
or |
| |||||||
| |||||||
1 | collectively engage in or have engaged in a pattern of | ||||||
2 | criminal activity.
| ||||||
3 | Beginning July 1, 1994, for purposes of this Section, | ||||||
4 | "criminal street
gang" has the meaning ascribed to it in | ||||||
5 | Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||||||
6 | Prevention Act.
| ||||||
7 | (3) Judges, hearing officers, prosecutors, probation | ||||||
8 | officers, social
workers or other
individuals assigned by | ||||||
9 | the court to conduct a pre-adjudication or
predisposition | ||||||
10 | investigation, and individuals responsible for supervising
| ||||||
11 | or providing temporary or permanent care and custody for | ||||||
12 | minors pursuant
to the order of the juvenile court when | ||||||
13 | essential to performing their
responsibilities.
| ||||||
14 | (4) Judges, prosecutors and probation officers:
| ||||||
15 | (a) in the course of a trial when institution of | ||||||
16 | criminal proceedings
has been permitted or required | ||||||
17 | under Section 5-805; or
| ||||||
18 | (b) when criminal proceedings have been permitted
| ||||||
19 | or
required under Section 5-805 and a minor is the | ||||||
20 | subject of a
proceeding to
determine the amount of | ||||||
21 | bail; or
| ||||||
22 | (c) when criminal proceedings have been permitted
| ||||||
23 | or
required under Section 5-805 and a minor is the | ||||||
24 | subject of a
pre-trial
investigation, pre-sentence | ||||||
25 | investigation or fitness hearing, or
proceedings on an | ||||||
26 | application for probation; or
|
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| |||||||
1 | (d) when a minor becomes 17 years of age or older, | ||||||
2 | and is the subject
of criminal proceedings, including a | ||||||
3 | hearing to determine the amount of
bail, a pre-trial | ||||||
4 | investigation, a pre-sentence investigation, a fitness
| ||||||
5 | hearing, or proceedings on an application for | ||||||
6 | probation.
| ||||||
7 | (5) Adult and Juvenile Prisoner Review Boards.
| ||||||
8 | (6) Authorized military personnel.
| ||||||
9 | (7) Victims, their subrogees and legal | ||||||
10 | representatives; however, such
persons shall have access | ||||||
11 | only to the name and address of the minor and
information | ||||||
12 | pertaining to the disposition or alternative adjustment | ||||||
13 | plan
of the juvenile court.
| ||||||
14 | (8) Persons engaged in bona fide research, with the | ||||||
15 | permission of the
presiding judge of the juvenile court and | ||||||
16 | the chief executive of the agency
that prepared the | ||||||
17 | particular records; provided that publication of such
| ||||||
18 | research results in no disclosure of a minor's identity and | ||||||
19 | protects the
confidentiality of the record.
| ||||||
20 | (9) The Secretary of State to whom the Clerk of the | ||||||
21 | Court shall report
the disposition of all cases, as | ||||||
22 | required in Section 6-204 of the Illinois
Vehicle Code. | ||||||
23 | However, information reported relative to these offenses | ||||||
24 | shall
be privileged and available only to the Secretary of | ||||||
25 | State, courts, and police
officers.
| ||||||
26 | (10) The administrator of a bonafide substance abuse |
| |||||||
| |||||||
1 | student
assistance program with the permission of the | ||||||
2 | presiding judge of the
juvenile court.
| ||||||
3 | (11) Mental health professionals on behalf of the | ||||||
4 | Illinois Department of
Corrections or the Department of | ||||||
5 | Human Services or prosecutors who are
evaluating, | ||||||
6 | prosecuting, or investigating a potential or actual | ||||||
7 | petition
brought
under the Sexually Persons Commitment Act | ||||||
8 | relating to a person who is the
subject of
juvenile court | ||||||
9 | records or the respondent to a petition brought under
the
| ||||||
10 | Sexually Violent Persons Commitment Act, who is the subject | ||||||
11 | of juvenile
court records
sought. Any records and any | ||||||
12 | information obtained from those records under this
| ||||||
13 | paragraph (11) may be used only in sexually violent persons | ||||||
14 | commitment
proceedings.
| ||||||
15 | (A-1) Findings and exclusions of paternity entered in | ||||||
16 | proceedings occurring under Article II of this Act shall be | ||||||
17 | disclosed, in a manner and form approved by the Presiding Judge | ||||||
18 | of the Juvenile Court, to the Department of Healthcare and | ||||||
19 | Family Services when necessary to discharge the duties of the | ||||||
20 | Department of Healthcare and Family Services under Article X of | ||||||
21 | the Illinois Public Aid Code. | ||||||
22 | (B) A minor who is the victim in a juvenile proceeding | ||||||
23 | shall be
provided the same confidentiality regarding | ||||||
24 | disclosure of identity as the
minor who is the subject of | ||||||
25 | record.
| ||||||
26 | (C) Except as otherwise provided in this subsection (C), |
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| |||||||
1 | juvenile court
records shall not be made available to the | ||||||
2 | general public
but may be inspected by representatives of | ||||||
3 | agencies, associations and news
media or other properly | ||||||
4 | interested persons by general or special order of
the court | ||||||
5 | presiding over matters pursuant to this Act. | ||||||
6 | (0.1) In cases where the records concern a pending | ||||||
7 | juvenile court case, the party seeking to inspect the | ||||||
8 | juvenile court records shall provide actual notice to the | ||||||
9 | attorney or guardian ad litem of the minor whose records | ||||||
10 | are sought. | ||||||
11 | (0.2) In cases where the records concern a juvenile | ||||||
12 | court case that is no longer pending, the party seeking to | ||||||
13 | inspect the juvenile court records shall provide actual | ||||||
14 | notice to the minor or the minor's parent or legal | ||||||
15 | guardian, and the matter shall be referred to the chief | ||||||
16 | judge presiding over matters pursuant to this Act. | ||||||
17 | (0.3) In determining whether the records should be | ||||||
18 | available for inspection, the court shall consider the | ||||||
19 | minor's interest in confidentiality and rehabilitation | ||||||
20 | over the moving party's interest in obtaining the | ||||||
21 | information. The State's Attorney, the minor, and the | ||||||
22 | minor's parents, guardian, and counsel shall at all times | ||||||
23 | have the right to examine court files and records. For | ||||||
24 | purposes of obtaining documents pursuant to this Section, a | ||||||
25 | civil subpoena is not an order of the court. | ||||||
26 | (0.4) Any records obtained in violation of this |
| |||||||
| |||||||
1 | subsection (C) shall not be admissible in any criminal or | ||||||
2 | civil proceeding, or operate to disqualify a minor from | ||||||
3 | subsequently holding public office, or operate as a | ||||||
4 | forfeiture of any public benefit, right, privilege, or | ||||||
5 | right to receive any license granted by public authority.
| ||||||
6 | (1) The
court shall allow the general public to have | ||||||
7 | access to the name, address, and offense of a minor
who is | ||||||
8 | adjudicated a delinquent minor under this Act under either | ||||||
9 | of the
following circumstances:
| ||||||
10 | (A) The
adjudication of
delinquency was based upon | ||||||
11 | the
minor's
commission of first degree murder, attempt | ||||||
12 | to commit first degree
murder, aggravated criminal | ||||||
13 | sexual assault, or criminal sexual assault; or
| ||||||
14 | (B) The court has made a finding that the minor was | ||||||
15 | at least 13 years of
age
at the time the act was | ||||||
16 | committed and the adjudication of delinquency was | ||||||
17 | based
upon the minor's commission of: (i)
an act in | ||||||
18 | furtherance of the commission of a felony as a member | ||||||
19 | of or on
behalf of a criminal street
gang, (ii) an act | ||||||
20 | involving the use of a firearm in the commission of a
| ||||||
21 | felony, (iii) an act that would be a Class X felony | ||||||
22 | offense
under or
the minor's second or subsequent
Class | ||||||
23 | 2 or greater felony offense under the Cannabis Control | ||||||
24 | Act if committed by an adult,
(iv) an act that would be | ||||||
25 | a second or subsequent offense under Section 402 of
the | ||||||
26 | Illinois Controlled Substances Act if committed by an |
| |||||||
| |||||||
1 | adult, (v) an act
that would be an offense under | ||||||
2 | Section 401 of the Illinois Controlled
Substances Act | ||||||
3 | if committed by an adult, (vi) an act that would be a | ||||||
4 | second or subsequent offense under Section 60 of the | ||||||
5 | Methamphetamine Control and Community Protection Act, | ||||||
6 | or (vii) an act that would be an offense under another | ||||||
7 | Section of the Methamphetamine Control and Community | ||||||
8 | Protection Act.
| ||||||
9 | (2) The court
shall allow the general public to have | ||||||
10 | access to the name, address, and offense of a minor who is | ||||||
11 | at least 13 years of age at
the time the offense
is | ||||||
12 | committed and who is convicted, in criminal proceedings
| ||||||
13 | permitted or required under Section 5-4, under either of | ||||||
14 | the following
circumstances:
| ||||||
15 | (A) The minor has been convicted of first degree | ||||||
16 | murder, attempt
to commit first degree
murder, | ||||||
17 | aggravated criminal sexual
assault, or criminal sexual | ||||||
18 | assault,
| ||||||
19 | (B) The court has made a finding that the minor was | ||||||
20 | at least 13 years
of age
at the time the offense was | ||||||
21 | committed and the conviction was based upon the
minor's | ||||||
22 | commission of: (i)
an offense in
furtherance of the | ||||||
23 | commission of a felony as a member of or on behalf of a
| ||||||
24 | criminal street gang, (ii) an offense
involving the use | ||||||
25 | of a firearm in the commission of a felony, (iii)
a | ||||||
26 | Class X felony offense under or a second or subsequent |
| |||||||
| |||||||
1 | Class 2 or
greater felony offense under the Cannabis | ||||||
2 | Control Act, (iv) a
second or subsequent offense under | ||||||
3 | Section 402 of the Illinois
Controlled Substances Act, | ||||||
4 | (v) an offense under Section 401 of the Illinois
| ||||||
5 | Controlled Substances Act, (vi) an act that would be a | ||||||
6 | second or subsequent offense under Section 60 of the | ||||||
7 | Methamphetamine Control and Community Protection Act, | ||||||
8 | or (vii) an act that would be an offense under another | ||||||
9 | Section of the Methamphetamine Control and Community | ||||||
10 | Protection Act.
| ||||||
11 | (D) Pending or following any adjudication of delinquency | ||||||
12 | for
any offense defined
in Sections 12-13 through 12-16 of the | ||||||
13 | Criminal Code of 1961,
the victim of any such offense shall | ||||||
14 | receive the
rights set out in Sections 4 and 6 of the Bill of
| ||||||
15 | Rights for Victims and Witnesses of Violent Crime Act; and the
| ||||||
16 | juvenile who is the subject of the adjudication, | ||||||
17 | notwithstanding any other
provision of this Act, shall be | ||||||
18 | treated
as an adult for the purpose of affording such rights to | ||||||
19 | the victim.
| ||||||
20 | (E) Nothing in this Section shall affect the right of a | ||||||
21 | Civil Service
Commission or appointing authority of any state, | ||||||
22 | county or municipality
examining the character and fitness of
| ||||||
23 | an applicant for employment with a law enforcement
agency, | ||||||
24 | correctional institution, or fire department to
ascertain
| ||||||
25 | whether that applicant was ever adjudicated to be a delinquent | ||||||
26 | minor and,
if so, to examine the records of disposition or |
| |||||||
| |||||||
1 | evidence which were made in
proceedings under this Act.
| ||||||
2 | (F) Following any adjudication of delinquency for a crime | ||||||
3 | which would be
a felony if committed by an adult, or following | ||||||
4 | any adjudication of delinquency
for a violation of Section | ||||||
5 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961, the | ||||||
6 | State's Attorney shall ascertain
whether the minor respondent | ||||||
7 | is enrolled in school and, if so, shall provide
a copy of the | ||||||
8 | dispositional order to the principal or chief administrative
| ||||||
9 | officer of the school. Access to such juvenile records shall be | ||||||
10 | limited
to the principal or chief administrative officer of the | ||||||
11 | school and any guidance
counselor designated by him.
| ||||||
12 | (F-5) Pending an adjudication of delinquency for the | ||||||
13 | commission of a forcible felony, as defined in Section 2-8 of | ||||||
14 | the Criminal Code of 1961, or for the commission of a sex | ||||||
15 | offense, as defined in Section 2 of the Sex Offender | ||||||
16 | Registration Act, the State's Attorney shall ascertain whether | ||||||
17 | the minor respondent is enrolled in school and, if so, request | ||||||
18 | permission of the presiding judge of the juvenile court to | ||||||
19 | disclose to the principal or chief administrative officer of | ||||||
20 | the school the portion of the juvenile petition or supplemental | ||||||
21 | petition that is sufficient to bring the minor under the | ||||||
22 | jurisdiction of Section 5-120 of this Act. In determining | ||||||
23 | whether the records should be disclosed, the court shall | ||||||
24 | consider the minor's interest in confidentiality and | ||||||
25 | rehabilitation over the school's interest in obtaining the | ||||||
26 | information. The court order shall require that the (i) |
| |||||||
| |||||||
1 | disclosure be limited to the principal or chief administrative | ||||||
2 | officer of the school and any guidance counselor designated by | ||||||
3 | the principal or chief administrative officer and (ii) the | ||||||
4 | State's Attorney notify the principal or chief administrative | ||||||
5 | officer of the school as to whether the allegations have been | ||||||
6 | dismissed or amended or have resulted in an adjudication of | ||||||
7 | delinquency. | ||||||
8 | (G) Nothing contained in this Act prevents the sharing or
| ||||||
9 | disclosure of information or records relating or pertaining to | ||||||
10 | juveniles
subject to the provisions of the Serious Habitual | ||||||
11 | Offender Comprehensive
Action Program when that information is | ||||||
12 | used to assist in the early
identification and treatment of | ||||||
13 | habitual juvenile offenders.
| ||||||
14 | (H) When a Court hearing a proceeding under Article II of | ||||||
15 | this Act becomes
aware that an earlier proceeding under Article | ||||||
16 | II had been heard in a different
county, that Court shall | ||||||
17 | request, and the Court in which the earlier
proceedings were | ||||||
18 | initiated shall transmit, an authenticated copy of the Court
| ||||||
19 | record, including all documents, petitions, and orders filed | ||||||
20 | therein and the
minute orders, transcript of proceedings, and | ||||||
21 | docket entries of the Court.
| ||||||
22 | (I) The Clerk of the Circuit Court shall report to the | ||||||
23 | Department of
State
Police, in the form and manner required by | ||||||
24 | the Department of State Police, the
final disposition of each | ||||||
25 | minor who has been arrested or taken into custody
before his or | ||||||
26 | her 17th birthday for those offenses required to be reported
|
| |||||||
| |||||||
1 | under Section 5 of the Criminal Identification Act. Information | ||||||
2 | reported to
the Department under this Section may be maintained | ||||||
3 | with records that the
Department files under Section 2.1 of the | ||||||
4 | Criminal Identification Act.
| ||||||
5 | (Source: P.A. 95-123, eff. 8-13-07; 96-212, eff. 8-10-09.)
| ||||||
6 | (705 ILCS 405/5-520)
| ||||||
7 | Sec. 5-520. Petition; supplemental petitions.
| ||||||
8 | (1) The State's Attorney may file, or the
court on its
own | ||||||
9 | motion may direct the filing through the State's Attorney of, a | ||||||
10 | petition in
respect to a minor under this Act. The petition and | ||||||
11 | all subsequent court
documents shall be entitled "In the | ||||||
12 | interest of ...., a minor".
| ||||||
13 | (2) The petition shall be verified but the statements may | ||||||
14 | be made upon
information and belief. It shall allege that the | ||||||
15 | minor is delinquent and set
forth (a) facts sufficient to bring | ||||||
16 | the minor under Section 5-120; (b) the
name,
age and residence | ||||||
17 | of the minor; (c) the names and residences of his parents;
(d) | ||||||
18 | the name and residence of his or her guardian or legal | ||||||
19 | custodian or the
person or
persons having custody or control of | ||||||
20 | the minor, or of the nearest known
relative if no parent, | ||||||
21 | guardian or legal custodian can be found; and (e) if
the minor | ||||||
22 | upon whose behalf
the petition is brought is detained or | ||||||
23 | sheltered in custody, the date on which
detention or shelter | ||||||
24 | care was ordered by the court or the date set for a
detention | ||||||
25 | or shelter care hearing ; and (f) if the minor upon whose behalf |
| |||||||
| |||||||
1 | a petition is brought is charged with the commission of a | ||||||
2 | forcible felony, as defined in Section 2-8 of the Criminal Code | ||||||
3 | of 1961, or is charged with the commission of a sex offense, as | ||||||
4 | defined in Section 2 of the Sex Offender Registration Act, and | ||||||
5 | is enrolled in school, a request pursuant to subsection (F-5) | ||||||
6 | of Section 1-8 of this Act to disclose to the principal or | ||||||
7 | chief administrative officer of that school the portion of the | ||||||
8 | juvenile petition or supplemental petition that is sufficient | ||||||
9 | to bring the minor under the jurisdiction of Section 5-120 of | ||||||
10 | this Act . If any of the facts required by this
subsection (2) | ||||||
11 | are not known by the petitioner, the petition shall so state.
| ||||||
12 | (3) The petition must pray that the minor be adjudged a | ||||||
13 | ward of the court
and may pray generally for relief available | ||||||
14 | under this Act. The petition need
not specify any proposed | ||||||
15 | disposition following adjudication of wardship.
| ||||||
16 | (4) At any time before dismissal of the petition or before | ||||||
17 | final closing
and discharge under Section 5-750, one or more | ||||||
18 | supplemental petitions may be
filed (i) alleging new offenses
| ||||||
19 | or (ii) alleging violations of orders entered by the court in | ||||||
20 | the delinquency
proceeding.
| ||||||
21 | (Source: P.A. 90-590, eff. 1-1-99.)
| ||||||
22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.
|