HB5932 Engrossed LRB096 18377 RLC 33754 b

1     AN ACT concerning children.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Bill of Rights for Children is amended by
5 changing Section 2 and by adding Section 3.5 as follows:
 
6     (725 ILCS 115/2)  (from Ch. 38, par. 1352)
7     Sec. 2. Purposes. The purpose of this Act is to ensure the
8 fair and compassionate treatment of children involved in the
9 criminal justice system and involved in juvenile court
10 proceedings concerning their abuse, neglect, or dependency by
11 affording certain basic rights and considerations to these
12 children.
13 (Source: P.A. 86-862.)
 
14     (725 ILCS 115/3.5 new)
15     Sec. 3.5. Abuse, neglect, and dependency cases; right to
16 guardian ad litem. If a petition is filed under Article II of
17 the Juvenile Court Act of 1987 alleging that a minor is an
18 abused, neglected, or dependent minor, the person filing the
19 petition shall inform the minor, if capable of understanding,
20 and his or her parents or custodian that the court will appoint
21 a guardian ad litem to protect the minor's interests if the
22 minor is alleged to be an abused or neglected child or is

 

 

HB5932 Engrossed - 2 - LRB096 18377 RLC 33754 b

1 alleged to be the victim of a sex offense and that charges have
2 been filed against a defendant in court and that such minor is
3 the alleged victim of the acts of the defendant in the
4 commission of such offense. The person filing the petition
5 shall inform the minor, if capable of understanding, and his or
6 her parents or custodian, that the court may appoint a guardian
7 ad litem if there may be a conflict of interest between the
8 minor and his or her parents or other custodian or that it is
9 in the minor's best interest that such guardian ad litem be
10 appointed.
 
11     Section 10. The Rights of Crime Victims and Witnesses Act
12 is amended by adding Section 6.5 as follows:
 
13     (725 ILCS 120/6.5 new)
14     Sec. 6.5. Minors under 18 years of age; guardian ad litem.
15 In any case in which a minor under 18 years of age is the
16 alleged victim or witness of a violent crime, the court may
17 appoint a guardian ad litem for the minor if the court finds
18 that there is a conflict between the minor and his or her
19 parent, guardian, or other custodian or that it is otherwise in
20 the minor's best interest that a guardian ad litem be
21 appointed. Unless the guardian ad litem is an attorney, the
22 guardian shall be represented in the performance of his or her
23 duties by counsel.