99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2871

 

Introduced 2/17/2016, by Sen. John G. Mulroe

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-505

    Amends the Juvenile Court Act of 1987. Provides that during a hearing prior to trial, a minor who is charged with the commission of a delinquent act, may be required to provide the court, probation department, and law enforcement access to all social media accounts, to refrain from using any social media account, and to remove any photographs or depictions of firearms or other dangerous weapons from those social media accounts. Effective immediately.


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A BILL FOR

 

SB2871LRB099 19915 SLF 44314 b

1    AN ACT concerning criminal law.
 
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 Section 5-505 as follows:
 
6    (705 ILCS 405/5-505)
7    Sec. 5-505. Pre-trial conditions order.
8    (1) If a minor is charged with the commission of a
9delinquent act, at any appearance of the minor before the court
10prior to trial, the court may conduct a hearing to determine
11whether the minor should be required to do any of the
12following:
13        (a) not violate any criminal statute of any
14    jurisdiction;
15        (b) make a report to and appear in person before any
16    person or agency as directed by the court;
17        (c) refrain from possessing a firearm or other
18    dangerous weapon, or an automobile;
19        (d) reside with his or her parents or in a foster home;
20        (e) attend school;
21        (f) attend a non-residential program for youth;
22        (g) comply with curfew requirements as designated by
23    the court;

 

 

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1        (h) refrain from entering into a designated geographic
2    area except upon terms as the court finds appropriate. The
3    terms may include consideration of the purpose of the
4    entry, the time of day, other persons accompanying the
5    minor, advance approval by the court, and any other terms
6    the court may deem appropriate;
7        (i) refrain from having any contact, directly or
8    indirectly, with certain specified persons or particular
9    types of persons, including but not limited to members of
10    street gangs and drug users or dealers;
11        (i-5) provide the court, probation department, and law
12    enforcement with access to all social medial accounts, on a
13    social networking website as defined in Section 17-0.5 of
14    the Criminal Code of 2012, to refrain from using any social
15    media account on a social networking website, and to remove
16    any photographs or other depictions of firearms or other
17    dangerous weapons from those social media accounts on a
18    social networking website;
19        (j) comply with any other conditions as may be ordered
20    by the court.
21    No hearing may be held unless the minor is represented by
22counsel. If the court determines that there is probable cause
23to believe the minor is a delinquent minor and that it is in
24the best interests of the minor that the court impose any or
25all of the conditions listed in paragraphs (a) through (j) of
26this subsection (1), then the court shall order the minor to

 

 

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1abide by all of the conditions ordered by the court.
2    (2) If the court issues a pre-trial conditions order as
3provided in subsection (1), the court shall inform the minor
4and provide a copy of the pre-trial conditions order effective
5under this Section.
6    (3) The provisions of the pre-trial conditions order issued
7under this Section may be continued through the sentencing
8hearing if the court deems the action reasonable and necessary.
9Nothing in this Section shall preclude the minor from applying
10to the court at any time for modification or dismissal of the
11order or the State's Attorney from applying to the court at any
12time for additional provisions under the pre-trial conditions
13order, modification of the order, or dismissal of the order.
14(Source: P.A. 90-590, eff. 1-1-99.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.