Full Text of HB5916 96th General Assembly
HB5916 96TH GENERAL ASSEMBLY
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5916
Introduced 2/10/2010, by Rep. Annazette Collins SYNOPSIS AS INTRODUCED: |
|
705 ILCS 405/5-410 |
|
705 ILCS 405/5-710 |
|
|
Amends the Juvenile Court Act of 1987. Increases the minimum age at which an alleged delinquent minor may be placed in a detention facility from 10 years of age to 13 years of age.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB5916 |
|
LRB096 18820 RLC 36078 b |
|
| 1 |
| AN ACT concerning courts.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Juvenile Court Act of 1987 is amended by | 5 |
| changing Sections 5-410 and 5-710 as follows:
| 6 |
| (705 ILCS 405/5-410)
| 7 |
| Sec. 5-410. Non-secure custody or detention.
| 8 |
| (1) Any minor arrested or taken into custody pursuant to | 9 |
| this Act who
requires care away from his or her home but who | 10 |
| does not require physical
restriction shall be given temporary | 11 |
| care in a foster family home or other
shelter facility | 12 |
| designated by the court.
| 13 |
| (2) (a) Any minor 13 10 years of age or older arrested
| 14 |
| pursuant to this Act where there is probable cause to believe | 15 |
| that the minor
is a delinquent minor and that
(i) secured | 16 |
| custody is a matter of immediate and urgent necessity for the
| 17 |
| protection of the minor or of the person or property of | 18 |
| another, (ii) the minor
is likely to flee the jurisdiction of | 19 |
| the court, or (iii) the minor was taken
into custody under a | 20 |
| warrant, may be kept or detained in an authorized
detention | 21 |
| facility. No minor under 12 years of age shall be detained in a
| 22 |
| county jail or a municipal lockup for more than 6 hours.
| 23 |
| (b) The written authorization of the probation officer or |
|
|
|
HB5916 |
- 2 - |
LRB096 18820 RLC 36078 b |
|
| 1 |
| detention officer
(or other public officer designated by the | 2 |
| court in a county having
3,000,000 or more inhabitants) | 3 |
| constitutes authority for the superintendent of
any juvenile | 4 |
| detention home to detain and keep a minor for up to 40 hours,
| 5 |
| excluding Saturdays, Sundays and court-designated holidays. | 6 |
| These
records shall be available to the same persons and | 7 |
| pursuant to the same
conditions as are law enforcement records | 8 |
| as provided in Section 5-905.
| 9 |
| (b-4) The consultation required by subsection (b-5) shall | 10 |
| not be applicable
if the probation officer or detention officer | 11 |
| (or other public officer
designated
by the court in a
county | 12 |
| having 3,000,000 or more inhabitants) utilizes a scorable | 13 |
| detention
screening instrument, which has been developed with | 14 |
| input by the State's
Attorney, to
determine whether a minor | 15 |
| should be detained, however, subsection (b-5) shall
still be | 16 |
| applicable where no such screening instrument is used or where | 17 |
| the
probation officer, detention officer (or other public | 18 |
| officer designated by the
court in a county
having 3,000,000 or | 19 |
| more inhabitants) deviates from the screening instrument.
| 20 |
| (b-5) Subject to the provisions of subsection (b-4), if a | 21 |
| probation officer
or detention officer
(or other public officer | 22 |
| designated by
the court in a county having 3,000,000 or more | 23 |
| inhabitants) does not intend to
detain a minor for an offense | 24 |
| which constitutes one of the following offenses
he or she shall | 25 |
| consult with the State's Attorney's Office prior to the release
| 26 |
| of the minor: first degree murder, second degree murder, |
|
|
|
HB5916 |
- 3 - |
LRB096 18820 RLC 36078 b |
|
| 1 |
| involuntary
manslaughter, criminal sexual assault, aggravated | 2 |
| criminal sexual assault,
aggravated battery with a firearm, | 3 |
| aggravated or heinous battery involving
permanent disability | 4 |
| or disfigurement or great bodily harm, robbery, aggravated
| 5 |
| robbery, armed robbery, vehicular hijacking, aggravated | 6 |
| vehicular hijacking,
vehicular invasion, arson, aggravated | 7 |
| arson, kidnapping, aggravated kidnapping,
home invasion, | 8 |
| burglary, or residential burglary.
| 9 |
| (c) Except as otherwise provided in paragraph (a), (d), or | 10 |
| (e), no minor
shall
be detained in a county jail or municipal | 11 |
| lockup for more than 12 hours, unless
the offense is a crime of | 12 |
| violence in which case the minor may be detained up
to 24 | 13 |
| hours. For the purpose of this paragraph, "crime of violence" | 14 |
| has the
meaning
ascribed to it in Section 1-10 of the | 15 |
| Alcoholism and Other Drug Abuse and
Dependency Act.
| 16 |
| (i) The
period of detention is deemed to have begun | 17 |
| once the minor has been placed in a
locked room or cell or | 18 |
| handcuffed to a stationary object in a building housing
a | 19 |
| county jail or municipal lockup. Time spent transporting a | 20 |
| minor is not
considered to be time in detention or secure | 21 |
| custody.
| 22 |
| (ii) Any minor so
confined shall be under periodic | 23 |
| supervision and shall not be permitted to come
into or | 24 |
| remain in contact with adults in custody in the building.
| 25 |
| (iii) Upon
placement in secure custody in a jail or | 26 |
| lockup, the
minor shall be informed of the purpose of the |
|
|
|
HB5916 |
- 4 - |
LRB096 18820 RLC 36078 b |
|
| 1 |
| detention, the time it is
expected to last and the fact | 2 |
| that it cannot exceed the time specified under
this Act.
| 3 |
| (iv) A log shall
be kept which shows the offense which | 4 |
| is the basis for the detention, the
reasons and | 5 |
| circumstances for the decision to detain and the length of | 6 |
| time the
minor was in detention.
| 7 |
| (v) Violation of the time limit on detention
in a | 8 |
| county jail or municipal lockup shall not, in and of | 9 |
| itself, render
inadmissible evidence obtained as a result | 10 |
| of the violation of this
time limit. Minors under 17 years | 11 |
| of age shall be kept separate from confined
adults and may | 12 |
| not at any time be kept in the same cell, room or yard with
| 13 |
| adults confined pursuant to criminal law. Persons 17 years | 14 |
| of age and older
who have a petition of delinquency filed | 15 |
| against them may be
confined in an
adult detention | 16 |
| facility.
In making a determination whether to confine a | 17 |
| person 17 years of age or
older
who has a petition of | 18 |
| delinquency filed against the person, these factors,
among | 19 |
| other matters, shall be considered:
| 20 |
| (A) The age of the person;
| 21 |
| (B) Any previous delinquent or criminal history of | 22 |
| the person;
| 23 |
| (C) Any previous abuse or neglect history of the | 24 |
| person; and
| 25 |
| (D) Any mental health or educational history of the | 26 |
| person, or both.
|
|
|
|
HB5916 |
- 5 - |
LRB096 18820 RLC 36078 b |
|
| 1 |
| (d) (i) If a minor 12 years of age or older is confined in a | 2 |
| county jail
in a
county with a population below 3,000,000 | 3 |
| inhabitants, then the minor's
confinement shall be implemented | 4 |
| in such a manner that there will be no contact
by sight, sound | 5 |
| or otherwise between the minor and adult prisoners. Minors
12 | 6 |
| years of age or older must be kept separate from confined | 7 |
| adults and may not
at any time
be kept in the same cell, room, | 8 |
| or yard with confined adults. This paragraph
(d)(i) shall only | 9 |
| apply to confinement pending an adjudicatory hearing and
shall | 10 |
| not exceed 40 hours, excluding Saturdays, Sundays and court | 11 |
| designated
holidays. To accept or hold minors during this time | 12 |
| period, county jails shall
comply with all monitoring standards | 13 |
| promulgated by the Department of
Corrections and training | 14 |
| standards approved by the Illinois Law Enforcement
Training | 15 |
| Standards Board.
| 16 |
| (ii) To accept or hold minors, 12 years of age or older, | 17 |
| after the time
period
prescribed in paragraph (d)(i) of this | 18 |
| subsection (2) of this Section but not
exceeding 7 days | 19 |
| including Saturdays, Sundays and holidays pending an
| 20 |
| adjudicatory hearing, county jails shall comply with all | 21 |
| temporary detention
standards promulgated by the Department of | 22 |
| Corrections and training standards
approved by the Illinois Law | 23 |
| Enforcement Training Standards Board.
| 24 |
| (iii) To accept or hold minors 12 years of age or older, | 25 |
| after the time
period prescribed in paragraphs (d)(i) and | 26 |
| (d)(ii) of this subsection (2) of
this
Section, county jails |
|
|
|
HB5916 |
- 6 - |
LRB096 18820 RLC 36078 b |
|
| 1 |
| shall comply with all programmatic and training standards
for | 2 |
| juvenile detention homes promulgated by the Department of | 3 |
| Corrections.
| 4 |
| (e) When a minor who is at least 15 years of age is | 5 |
| prosecuted under the
criminal laws of this State,
the court may | 6 |
| enter an order directing that the juvenile be confined
in the | 7 |
| county jail. However, any juvenile confined in the county jail | 8 |
| under
this provision shall be separated from adults who are | 9 |
| confined in the county
jail in such a manner that there will be | 10 |
| no contact by sight, sound or
otherwise between the juvenile | 11 |
| and adult prisoners.
| 12 |
| (f) For purposes of appearing in a physical lineup, the | 13 |
| minor may be taken
to a county jail or municipal lockup under | 14 |
| the direct and constant supervision
of a juvenile police | 15 |
| officer. During such time as is necessary to conduct a
lineup, | 16 |
| and while supervised by a juvenile police officer, the sight | 17 |
| and sound
separation provisions shall not apply.
| 18 |
| (g) For purposes of processing a minor, the minor may be | 19 |
| taken to a County
Jail or municipal lockup under the direct and | 20 |
| constant supervision of a law
enforcement officer or | 21 |
| correctional officer. During such time as is necessary
to | 22 |
| process the minor, and while supervised by a law enforcement | 23 |
| officer or
correctional officer, the sight and sound separation | 24 |
| provisions shall not
apply.
| 25 |
| (3) If the probation officer or State's Attorney (or such | 26 |
| other public
officer designated by the court in a county having |
|
|
|
HB5916 |
- 7 - |
LRB096 18820 RLC 36078 b |
|
| 1 |
| 3,000,000 or more
inhabitants) determines that the minor may be | 2 |
| a delinquent minor as described
in subsection (3) of Section | 3 |
| 5-105, and should be retained in custody but does
not require
| 4 |
| physical restriction, the minor may be placed in non-secure | 5 |
| custody for up to
40 hours pending a detention hearing.
| 6 |
| (4) Any minor taken into temporary custody, not requiring | 7 |
| secure
detention, may, however, be detained in the home of his | 8 |
| or her parent or
guardian subject to such conditions as the | 9 |
| court may impose.
| 10 |
| (Source: P.A. 93-255, eff. 1-1-04.)
| 11 |
| (705 ILCS 405/5-710)
| 12 |
| Sec. 5-710. Kinds of sentencing orders.
| 13 |
| (1) The following kinds of sentencing orders may be made in | 14 |
| respect of
wards of the court:
| 15 |
| (a) Except as provided in Sections 5-805, 5-810, 5-815, | 16 |
| a minor who is
found
guilty under Section 5-620 may be:
| 17 |
| (i) put on probation or conditional discharge and | 18 |
| released to his or her
parents, guardian or legal | 19 |
| custodian, provided, however, that any such minor
who | 20 |
| is not committed to the Department of Juvenile Justice | 21 |
| under
this subsection and who is found to be a | 22 |
| delinquent for an offense which is
first degree murder, | 23 |
| a Class X felony, or a forcible felony shall be placed | 24 |
| on
probation;
| 25 |
| (ii) placed in accordance with Section 5-740, with |
|
|
|
HB5916 |
- 8 - |
LRB096 18820 RLC 36078 b |
|
| 1 |
| or without also being
put on probation or conditional | 2 |
| discharge;
| 3 |
| (iii) required to undergo a substance abuse | 4 |
| assessment conducted by a
licensed provider and | 5 |
| participate in the indicated clinical level of care;
| 6 |
| (iv) placed in the guardianship of the Department | 7 |
| of Children and Family
Services, but only if the | 8 |
| delinquent minor is under 15 years of age or, pursuant | 9 |
| to Article II of this Act, a minor for whom an | 10 |
| independent basis of abuse, neglect, or dependency | 11 |
| exists. An independent basis exists when the | 12 |
| allegations or adjudication of abuse, neglect, or | 13 |
| dependency do not arise from the same facts, incident, | 14 |
| or circumstances which give rise to a charge or | 15 |
| adjudication of delinquency;
| 16 |
| (v) placed in detention for a period not to exceed | 17 |
| 30 days, either as
the
exclusive order of disposition | 18 |
| or, where appropriate, in conjunction with any
other | 19 |
| order of disposition issued under this paragraph, | 20 |
| provided that any such
detention shall be in a juvenile | 21 |
| detention home and the minor so detained shall
be 13 10 | 22 |
| years of age or older. However, the 30-day limitation | 23 |
| may be extended by
further order of the court for a | 24 |
| minor under age 15 committed to the Department
of | 25 |
| Children and Family Services if the court finds that | 26 |
| the minor is a danger
to himself or others. The minor |
|
|
|
HB5916 |
- 9 - |
LRB096 18820 RLC 36078 b |
|
| 1 |
| shall be given credit on the sentencing order
of | 2 |
| detention for time spent in detention under Sections | 3 |
| 5-501, 5-601, 5-710, or
5-720 of this
Article as a | 4 |
| result of the offense for which the sentencing order | 5 |
| was imposed.
The court may grant credit on a sentencing | 6 |
| order of detention entered under a
violation of | 7 |
| probation or violation of conditional discharge under | 8 |
| Section
5-720 of this Article for time spent in | 9 |
| detention before the filing of the
petition
alleging | 10 |
| the violation. A minor shall not be deprived of credit | 11 |
| for time spent
in detention before the filing of a | 12 |
| violation of probation or conditional
discharge | 13 |
| alleging the same or related act or acts;
| 14 |
| (vi) ordered partially or completely emancipated | 15 |
| in accordance with the
provisions of the Emancipation | 16 |
| of Minors Act;
| 17 |
| (vii) subject to having his or her driver's license | 18 |
| or driving
privileges
suspended for such time as | 19 |
| determined by the court but only until he or she
| 20 |
| attains 18 years of age;
| 21 |
| (viii) put on probation or conditional discharge | 22 |
| and placed in detention
under Section 3-6039 of the | 23 |
| Counties Code for a period not to exceed the period
of | 24 |
| incarceration permitted by law for adults found guilty | 25 |
| of the same offense
or offenses for which the minor was | 26 |
| adjudicated delinquent, and in any event no
longer than |
|
|
|
HB5916 |
- 10 - |
LRB096 18820 RLC 36078 b |
|
| 1 |
| upon attainment of age 21; this subdivision (viii) | 2 |
| notwithstanding
any contrary provision of the law;
| 3 |
| (ix) ordered to undergo a medical or other | 4 |
| procedure to have a tattoo
symbolizing allegiance to a | 5 |
| street gang removed from his or her body; or | 6 |
| (x) placed in electronic home detention under Part | 7 |
| 7A of this Article.
| 8 |
| (b) A minor found to be guilty may be committed to the | 9 |
| Department of
Juvenile Justice under Section 5-750 if the | 10 |
| minor is 13 years of age or
older,
provided that the | 11 |
| commitment to the Department of Juvenile Justice shall be | 12 |
| made only if a term of incarceration is permitted by law | 13 |
| for
adults found guilty of the offense for which the minor | 14 |
| was adjudicated
delinquent. The time during which a minor | 15 |
| is in custody before being released
upon the request of a | 16 |
| parent, guardian or legal custodian shall be considered
as | 17 |
| time spent in detention.
| 18 |
| (c) When a minor is found to be guilty for an offense | 19 |
| which is a violation
of the Illinois Controlled Substances | 20 |
| Act, the Cannabis Control Act, or the Methamphetamine | 21 |
| Control and Community Protection Act and made
a ward of the | 22 |
| court, the court may enter a disposition order requiring | 23 |
| the
minor to undergo assessment,
counseling or treatment in | 24 |
| a substance abuse program approved by the Department
of | 25 |
| Human Services.
| 26 |
| (2) Any sentencing order other than commitment to the |
|
|
|
HB5916 |
- 11 - |
LRB096 18820 RLC 36078 b |
|
| 1 |
| Department of
Juvenile Justice may provide for protective | 2 |
| supervision under
Section 5-725 and may include an order of | 3 |
| protection under Section 5-730.
| 4 |
| (3) Unless the sentencing order expressly so provides, it | 5 |
| does not operate
to close proceedings on the pending petition, | 6 |
| but is subject to modification
until final closing and | 7 |
| discharge of the proceedings under Section 5-750.
| 8 |
| (4) In addition to any other sentence, the court may order | 9 |
| any
minor
found to be delinquent to make restitution, in | 10 |
| monetary or non-monetary form,
under the terms and conditions | 11 |
| of Section 5-5-6 of the Unified Code of
Corrections, except | 12 |
| that the "presentencing hearing" referred to in that
Section
| 13 |
| shall be
the sentencing hearing for purposes of this Section. | 14 |
| The parent, guardian or
legal custodian of the minor may be | 15 |
| ordered by the court to pay some or all of
the restitution on | 16 |
| the minor's behalf, pursuant to the Parental Responsibility
| 17 |
| Law. The State's Attorney is authorized to act
on behalf of any | 18 |
| victim in seeking restitution in proceedings under this
| 19 |
| Section, up to the maximum amount allowed in Section 5 of the | 20 |
| Parental
Responsibility Law.
| 21 |
| (5) Any sentencing order where the minor is committed or | 22 |
| placed in
accordance
with Section 5-740 shall provide for the | 23 |
| parents or guardian of the estate of
the minor to pay to the | 24 |
| legal custodian or guardian of the person of the minor
such | 25 |
| sums as are determined by the custodian or guardian of the | 26 |
| person of the
minor as necessary for the minor's needs. The |
|
|
|
HB5916 |
- 12 - |
LRB096 18820 RLC 36078 b |
|
| 1 |
| payments may not exceed the
maximum amounts provided for by | 2 |
| Section 9.1 of the Children and Family Services
Act.
| 3 |
| (6) Whenever the sentencing order requires the minor to | 4 |
| attend school or
participate in a program of training, the | 5 |
| truant officer or designated school
official shall regularly | 6 |
| report to the court if the minor is a chronic or
habitual | 7 |
| truant under Section 26-2a of the School Code. Notwithstanding | 8 |
| any other provision of this Act, in instances in which | 9 |
| educational services are to be provided to a minor in a | 10 |
| residential facility where the minor has been placed by the | 11 |
| court, costs incurred in the provision of those educational | 12 |
| services must be allocated based on the requirements of the | 13 |
| School Code.
| 14 |
| (7) In no event shall a guilty minor be committed to the | 15 |
| Department of
Juvenile Justice for a period of time in
excess | 16 |
| of
that period for which an adult could be committed for the | 17 |
| same act.
| 18 |
| (8) A minor found to be guilty for reasons that include a | 19 |
| violation of
Section 21-1.3 of the Criminal Code of 1961 shall | 20 |
| be ordered to perform
community service for not less than 30 | 21 |
| and not more than 120 hours, if
community service is available | 22 |
| in the jurisdiction. The community service
shall include, but | 23 |
| need not be limited to, the cleanup and repair of the damage
| 24 |
| that was caused by the violation or similar damage to property | 25 |
| located in the
municipality or county in which the violation | 26 |
| occurred. The order may be in
addition to any other order |
|
|
|
HB5916 |
- 13 - |
LRB096 18820 RLC 36078 b |
|
| 1 |
| authorized by this Section.
| 2 |
| (8.5) A minor found to be guilty for reasons that include a | 3 |
| violation of
Section
3.02 or Section 3.03 of the Humane Care | 4 |
| for Animals Act or paragraph (d) of
subsection (1) of
Section | 5 |
| 21-1 of
the Criminal Code
of
1961 shall be ordered to undergo | 6 |
| medical or psychiatric treatment rendered by
a
psychiatrist or | 7 |
| psychological treatment rendered by a clinical psychologist.
| 8 |
| The order
may be in addition to any other order authorized by | 9 |
| this Section.
| 10 |
| (9) In addition to any other sentencing order, the court | 11 |
| shall order any
minor found
to be guilty for an act which would | 12 |
| constitute, predatory criminal sexual
assault of a child, | 13 |
| aggravated criminal sexual assault, criminal sexual
assault, | 14 |
| aggravated criminal sexual abuse, or criminal sexual abuse if
| 15 |
| committed by an
adult to undergo medical testing to determine | 16 |
| whether the defendant has any
sexually transmissible disease | 17 |
| including a test for infection with human
immunodeficiency | 18 |
| virus (HIV) or any other identified causative agency of
| 19 |
| acquired immunodeficiency syndrome (AIDS). Any medical test | 20 |
| shall be performed
only by appropriately licensed medical | 21 |
| practitioners and may include an
analysis of any bodily fluids | 22 |
| as well as an examination of the minor's person.
Except as | 23 |
| otherwise provided by law, the results of the test shall be | 24 |
| kept
strictly confidential by all medical personnel involved in | 25 |
| the testing and must
be personally delivered in a sealed | 26 |
| envelope to the judge of the court in which
the sentencing |
|
|
|
HB5916 |
- 14 - |
LRB096 18820 RLC 36078 b |
|
| 1 |
| order was entered for the judge's inspection in camera. Acting
| 2 |
| in accordance with the best interests of the victim and the | 3 |
| public, the judge
shall have the discretion to determine to | 4 |
| whom the results of the testing may
be revealed. The court | 5 |
| shall notify the minor of the results of the test for
infection | 6 |
| with the human immunodeficiency virus (HIV). The court shall | 7 |
| also
notify the victim if requested by the victim, and if the | 8 |
| victim is under the
age of 15 and if requested by the victim's | 9 |
| parents or legal guardian, the court
shall notify the victim's | 10 |
| parents or the legal guardian, of the results of the
test for | 11 |
| infection with the human immunodeficiency virus (HIV). The | 12 |
| court
shall provide information on the availability of HIV | 13 |
| testing and counseling at
the Department of Public Health | 14 |
| facilities to all parties to whom the
results of the testing | 15 |
| are revealed. The court shall order that the cost of
any test | 16 |
| shall be paid by the county and may be taxed as costs against | 17 |
| the
minor.
| 18 |
| (10) When a court finds a minor to be guilty the court | 19 |
| shall, before
entering a sentencing order under this Section, | 20 |
| make a finding whether the
offense committed either: (a) was | 21 |
| related to or in furtherance of the criminal
activities of an | 22 |
| organized gang or was motivated by the minor's membership in
or | 23 |
| allegiance to an organized gang, or (b) involved a violation of
| 24 |
| subsection (a) of Section 12-7.1 of the Criminal Code of 1961, | 25 |
| a violation of
any
Section of Article 24 of the Criminal Code | 26 |
| of 1961, or a violation of any
statute that involved the |
|
|
|
HB5916 |
- 15 - |
LRB096 18820 RLC 36078 b |
|
| 1 |
| wrongful use of a firearm. If the court determines
the question | 2 |
| in the affirmative,
and the court does not commit the minor to | 3 |
| the Department of Juvenile Justice, the court shall order the | 4 |
| minor to perform community service
for not less than 30 hours | 5 |
| nor more than 120 hours, provided that community
service is | 6 |
| available in the jurisdiction and is funded and approved by the
| 7 |
| county board of the county where the offense was committed. The | 8 |
| community
service shall include, but need not be limited to, | 9 |
| the cleanup and repair of
any damage caused by a violation of | 10 |
| Section 21-1.3 of the Criminal Code of 1961
and similar damage | 11 |
| to property located in the municipality or county in which
the | 12 |
| violation occurred. When possible and reasonable, the | 13 |
| community service
shall be performed in the minor's | 14 |
| neighborhood. This order shall be in
addition to any other | 15 |
| order authorized by this Section
except for an order to place | 16 |
| the minor in the custody of the Department of
Juvenile Justice. | 17 |
| For the purposes of this Section, "organized
gang" has the | 18 |
| meaning ascribed to it in Section 10 of the Illinois Streetgang
| 19 |
| Terrorism Omnibus Prevention Act.
| 20 |
| (11) If the court determines that the offense was committed | 21 |
| in furtherance of the criminal activities of an organized gang, | 22 |
| as provided in subsection (10), and that the offense involved | 23 |
| the operation or use of a motor vehicle or the use of a | 24 |
| driver's license or permit, the court shall notify the | 25 |
| Secretary of State of that determination and of the period for | 26 |
| which the minor shall be denied driving privileges. If, at the |
|
|
|
HB5916 |
- 16 - |
LRB096 18820 RLC 36078 b |
|
| 1 |
| time of the determination, the minor does not hold a driver's | 2 |
| license or permit, the court shall provide that the minor shall | 3 |
| not be issued a driver's license or permit until his or her | 4 |
| 18th birthday. If the minor holds a driver's license or permit | 5 |
| at the time of the determination, the court shall provide that | 6 |
| the minor's driver's license or permit shall be revoked until | 7 |
| his or her 21st birthday, or until a later date or occurrence | 8 |
| determined by the court. If the minor holds a driver's license | 9 |
| at the time of the determination, the court may direct the | 10 |
| Secretary of State to issue the minor a judicial driving | 11 |
| permit, also known as a JDP. The JDP shall be subject to the | 12 |
| same terms as a JDP issued under Section 6-206.1 of the | 13 |
| Illinois Vehicle Code, except that the court may direct that | 14 |
| the JDP be effective immediately.
| 15 |
| (12) If a minor is found to be guilty of a violation of
| 16 |
| subsection (a-7) of Section 1 of the Prevention of Tobacco Use | 17 |
| by Minors Act, the
court may, in its discretion, and upon
| 18 |
| recommendation by the State's Attorney, order that minor and | 19 |
| his or her parents
or legal
guardian to attend a smoker's | 20 |
| education or youth diversion program as defined
in that Act if | 21 |
| that
program is available in the jurisdiction where the | 22 |
| offender resides.
Attendance at a smoker's education or youth | 23 |
| diversion program
shall be time-credited against any community | 24 |
| service time imposed for any
first violation of subsection | 25 |
| (a-7) of Section 1 of that Act. In addition to any
other
| 26 |
| penalty
that the court may impose for a violation of subsection |
|
|
|
HB5916 |
- 17 - |
LRB096 18820 RLC 36078 b |
|
| 1 |
| (a-7) of Section 1 of
that Act, the
court, upon request by the | 2 |
| State's Attorney, may in its discretion
require
the offender to | 3 |
| remit a fee for his or her attendance at a smoker's
education | 4 |
| or
youth diversion program.
| 5 |
| For purposes of this Section, "smoker's education program" | 6 |
| or "youth
diversion program" includes, but is not limited to, a | 7 |
| seminar designed to
educate a person on the physical and | 8 |
| psychological effects of smoking tobacco
products and the | 9 |
| health consequences of smoking tobacco products that can be
| 10 |
| conducted with a locality's youth diversion program.
| 11 |
| In addition to any other penalty that the court may impose | 12 |
| under this
subsection
(12):
| 13 |
| (a) If a minor violates subsection (a-7) of Section 1 | 14 |
| of the Prevention of
Tobacco Use by Minors Act, the court | 15 |
| may
impose a sentence of 15 hours of
community service or a | 16 |
| fine of $25 for a first violation.
| 17 |
| (b) A second violation by a minor of subsection (a-7) | 18 |
| of Section 1 of that Act
that occurs
within 12 months after | 19 |
| the first violation is punishable by a fine of $50 and
25
| 20 |
| hours of community service.
| 21 |
| (c) A third or subsequent violation by a minor of | 22 |
| subsection (a-7) of Section
1 of that Act
that
occurs | 23 |
| within 12 months after the first violation is punishable by | 24 |
| a $100
fine
and 30 hours of community service.
| 25 |
| (d) Any second or subsequent violation not within the | 26 |
| 12-month time period
after the first violation is |
|
|
|
HB5916 |
- 18 - |
LRB096 18820 RLC 36078 b |
|
| 1 |
| punishable as provided for a first violation.
| 2 |
| (Source: P.A. 95-337, eff. 6-1-08; 95-642, eff. 6-1-08; 95-844, | 3 |
| eff. 8-15-08; 95-876, eff. 8-21-08; 96-179, eff. 8-10-09; | 4 |
| 96-293, eff. 1-1-10; revised 9-15-09.) |
|