Full Text of SB1307 97th General Assembly
SB1307 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1307 Introduced 2/8/2011, by Sen. Martin A. Sandoval SYNOPSIS AS INTRODUCED: |
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705 ILCS 405/5-310 |
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705 ILCS 405/5-407 |
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705 ILCS 405/5-710 |
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Amends the Juvenile Court Act of 1987. Provides that the court may require the biological parents of a delinquent minor to undergo counseling.
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| | A BILL FOR |
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| 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 5-310, 5-407, and 5-710 as follows:
| 6 | | (705 ILCS 405/5-310)
| 7 | | Sec. 5-310. Community mediation program.
| 8 | | (1) Program purpose.
The purpose of community mediation is | 9 | | to provide a system by which minors who
commit delinquent acts | 10 | | may be dealt with in a speedy and informal manner at the
| 11 | | community or neighborhood level. The goal is to make the | 12 | | juvenile understand
the seriousness of his or her actions and | 13 | | the effect that a crime has on
the minor, his or her family, | 14 | | his or her victim and his or her community.
In
addition, this | 15 | | system offers a method to reduce the ever-increasing instances
| 16 | | of delinquent acts while permitting the judicial system to deal | 17 | | effectively
with cases that are more serious in nature.
| 18 | | (2) Community mediation panels.
The State's Attorney, or an | 19 | | entity designated by the State's Attorney, may
establish
| 20 | | community mediation programs designed to provide citizen | 21 | | participation in
addressing juvenile delinquency. The State's | 22 | | Attorney, or his or her designee,
shall
maintain a list of | 23 | | qualified persons who have agreed to serve as community
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| 1 | | mediators. To the maximum extent possible, panel membership | 2 | | shall reflect the
social-economic, racial and ethnic make-up of | 3 | | the community in which the panel
sits. The panel shall consist | 4 | | of members with a diverse background in
employment, education | 5 | | and life experience.
| 6 | | (3) Community mediation cases.
| 7 | | (a) Community mediation programs shall provide one or | 8 | | more community
mediation panels to informally hear cases | 9 | | that are referred by a police
officer as a station | 10 | | adjustment, or a probation officer as a probation
| 11 | | adjustment, or referred by the State's Attorney as a | 12 | | diversion from
prosecution.
| 13 | | (b) Minors who are offered the opportunity to | 14 | | participate in the
program must admit responsibility for | 15 | | the offense to be eligible for the
program.
| 16 | | (4) Disposition of cases.
Subsequent to any hearing held, | 17 | | the community mediation panel may:
| 18 | | (a) Refer the minor for placement in a community-based | 19 | | nonresidential
program.
| 20 | | (b) Refer the minor or the minor's family , including | 21 | | the minor's biological parents, to community counseling.
| 22 | | (c) Require the minor to perform up to 100 hours of | 23 | | community service.
| 24 | | (d) Require the minor to make restitution in money or | 25 | | in kind in a case
involving property
damage; however, the | 26 | | amount of restitution shall not exceed the amount of
actual |
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| 1 | | damage to property.
| 2 | | (e) Require the minor and his or her parent, guardian, | 3 | | or legal custodian
to undergo an approved screening for | 4 | | substance abuse or use, or both. If the
screening
indicates | 5 | | a need, a drug and alcohol assessment of the minor and his | 6 | | or her
parent, guardian, or legal custodian shall be | 7 | | conducted by an entity licensed
by the Department of
Human | 8 | | Services, as a successor to the Department of Alcoholism | 9 | | and Substance
Abuse. The minor and his or her parent,
| 10 | | guardian, or legal custodian shall adhere to and complete | 11 | | all recommendations
to obtain drug and alcohol treatment | 12 | | and counseling resulting from the
assessment.
| 13 | | (f) Require the minor to attend school.
| 14 | | (g) Require the minor to attend tutorial sessions.
| 15 | | (h) Impose any other restrictions or sanctions that are | 16 | | designed to
encourage responsible and acceptable behavior | 17 | | and are agreed upon by the
participants of the community | 18 | | mediation proceedings.
| 19 | | (5) The agreement shall run no more than 6 months. All | 20 | | community
mediation panel members and
observers are required to | 21 | | sign the following oath of confidentiality prior to
commencing | 22 | | community mediation proceedings:
| 23 | | "I solemnly swear or affirm that I will not | 24 | | divulge, either by words or
signs, any information | 25 | | about the case which comes to my knowledge in the
| 26 | | course of a community mediation presentation and that I |
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| 1 | | will keep secret all
proceedings which may be held in | 2 | | my presence.
| 3 | | Further, I understand that if I
break | 4 | | confidentiality by telling anyone else the names of | 5 | | community mediation
participants, except for | 6 | | information pertaining to the community mediation
| 7 | | panelists themselves, or any other specific details of | 8 | | the case which may
identify that
juvenile, I will no | 9 | | longer be able to serve as a community mediation panel
| 10 | | member or observer."
| 11 | | (6) The State's Attorney shall adopt rules and procedures
| 12 | | governing administration of the program.
| 13 | | (Source: P.A. 90-590, eff. 1-1-99.)
| 14 | | (705 ILCS 405/5-407)
| 15 | | Sec. 5-407. Processing of juvenile in possession of a | 16 | | firearm.
| 17 | | (a) If a law enforcement officer detains a minor pursuant | 18 | | to Section
10-27.1A of the
School Code, the officer shall | 19 | | deliver the minor to the nearest juvenile
officer, in the | 20 | | manner
prescribed by subsection (2) of Section 5-405 of this | 21 | | Act. The juvenile
officer shall deliver the
minor without | 22 | | unnecessary delay to the court or to the place designated by | 23 | | rule
or order of court
for the reception of minors. In no event | 24 | | shall the minor be eligible for any
other disposition by
the | 25 | | juvenile police officer, notwithstanding the provisions of |
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| 1 | | subsection (3)
of Section 5-405 of
this Act.
| 2 | | (b) Minors not excluded from this Act's jurisdiction under | 3 | | subsection (3)(a)
of Section 5-130 of this Act shall be brought | 4 | | before a judicial officer within
40 hours,
exclusive of | 5 | | Saturdays,
Sundays, and court-designated holidays, for a | 6 | | detention hearing to determine
whether he or she
shall be | 7 | | further held in custody. If the court finds that there is | 8 | | probable
cause to believe that the
minor is a delinquent minor | 9 | | by virtue of his or her violation of item (4) of
subsection (a) | 10 | | of
Section 24-1 of the Criminal Code of 1961
while on school | 11 | | grounds, that finding shall create a presumption that immediate
| 12 | | and urgent necessity exists under
subdivision (2) of Section | 13 | | 5-501 of this Act. Once the presumption of
immediate and urgent | 14 | | necessity has been raised, the burden of demonstrating the
lack | 15 | | of immediate and urgent necessity shall be on any party that is | 16 | | opposing
detention for the minor. Should the court order | 17 | | detention pursuant to this
Section, the minor
shall be | 18 | | detained, pending the results of a court-ordered
psychological
| 19 | | evaluation to determine if the minor is a risk to himself, | 20 | | herself, or others.
Upon receipt of the
psychological | 21 | | evaluation, the court shall review the determination regarding
| 22 | | the existence of
urgent and immediate necessity. The court | 23 | | shall consider the psychological
evaluation in
conjunction | 24 | | with the other factors identified in subdivision (2) of Section
| 25 | | 5-501 of this Act in
order to make a de novo determination | 26 | | regarding whether it is a matter of
immediate and urgent
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| 1 | | necessity for the protection of the minor or of the person or | 2 | | property of
another that the minor be
detained or placed in a | 3 | | shelter care facility. In addition to the pre-trial
conditions | 4 | | found in
Section 5-505 of this Act, the court may order the | 5 | | minor and the minor's biological parents to receive counseling
| 6 | | and any other
services recommended by the psychological | 7 | | evaluation as a condition for release
of the minor.
| 8 | | (c) Upon making a determination that the student presents a | 9 | | risk to himself,
herself, or
others, the court shall issue an | 10 | | order restraining the student from entering
the property of the
| 11 | | school if he or she has been suspended or expelled from the | 12 | | school as a result
of possessing a
firearm. The order shall | 13 | | restrain the student from entering the school and
school
owned | 14 | | or leased
property, including any conveyance owned, leased, or | 15 | | contracted by the school
to transport
students to or from | 16 | | school or a school-related activity. The order shall
remain in | 17 | | effect until such
time as the court determines that the student | 18 | | no longer presents a risk to
himself, herself, or
others.
| 19 | | (d) Psychological evaluations ordered pursuant to | 20 | | subsection (b) of this
Section and
statements made by the minor | 21 | | during the course of these evaluations, shall not
be admissible | 22 | | on
the issue of delinquency during the course of any | 23 | | adjudicatory hearing held
under this Act.
| 24 | | (e) In this Section:
| 25 | | "School" means any public or
private
elementary or | 26 | | secondary school.
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| 1 | | "School grounds" includes the real
property comprising
any | 2 | | school, any conveyance owned, leased, or contracted by a school | 3 | | to
transport students to or
from school or a school-related | 4 | | activity, or any public way within 1,000
feet of the real
| 5 | | property comprising any school.
| 6 | | (Source: P.A. 91-11, eff. 6-4-99.)
| 7 | | (705 ILCS 405/5-710)
| 8 | | Sec. 5-710. Kinds of sentencing orders.
| 9 | | (1) The following kinds of sentencing orders may be made in | 10 | | respect of
wards of the court:
| 11 | | (a) Except as provided in Sections 5-805, 5-810, 5-815, | 12 | | a minor who is
found
guilty under Section 5-620 may be:
| 13 | | (i) put on probation or conditional discharge and | 14 | | released to his or her
parents, guardian or legal | 15 | | custodian, provided, however, that any such minor
who | 16 | | is not committed to the Department of Juvenile Justice | 17 | | under
this subsection and who is found to be a | 18 | | delinquent for an offense which is
first degree murder, | 19 | | a Class X felony, or a forcible felony shall be placed | 20 | | on
probation;
| 21 | | (ii) placed in accordance with Section 5-740, with | 22 | | or without also being
put on probation or conditional | 23 | | discharge;
| 24 | | (iii) required to undergo a substance abuse | 25 | | assessment conducted by a
licensed provider and |
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| 1 | | participate in the indicated clinical level of care;
| 2 | | (iv) placed in the guardianship of the Department | 3 | | of Children and Family
Services, but only if the | 4 | | delinquent minor is under 15 years of age or, pursuant | 5 | | to Article II of this Act, a minor for whom an | 6 | | independent basis of abuse, neglect, or dependency | 7 | | exists. An independent basis exists when the | 8 | | allegations or adjudication of abuse, neglect, or | 9 | | dependency do not arise from the same facts, incident, | 10 | | or circumstances which give rise to a charge or | 11 | | adjudication of delinquency;
| 12 | | (v) placed in detention for a period not to exceed | 13 | | 30 days, either as
the
exclusive order of disposition | 14 | | or, where appropriate, in conjunction with any
other | 15 | | order of disposition issued under this paragraph, | 16 | | provided that any such
detention shall be in a juvenile | 17 | | detention home and the minor so detained shall
be 10 | 18 | | years of age or older. However, the 30-day limitation | 19 | | may be extended by
further order of the court for a | 20 | | minor under age 15 committed to the Department
of | 21 | | Children and Family Services if the court finds that | 22 | | the minor is a danger
to himself or others. The minor | 23 | | shall be given credit on the sentencing order
of | 24 | | detention for time spent in detention under Sections | 25 | | 5-501, 5-601, 5-710, or
5-720 of this
Article as a | 26 | | result of the offense for which the sentencing order |
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| 1 | | was imposed.
The court may grant credit on a sentencing | 2 | | order of detention entered under a
violation of | 3 | | probation or violation of conditional discharge under | 4 | | Section
5-720 of this Article for time spent in | 5 | | detention before the filing of the
petition
alleging | 6 | | the violation. A minor shall not be deprived of credit | 7 | | for time spent
in detention before the filing of a | 8 | | violation of probation or conditional
discharge | 9 | | alleging the same or related act or acts;
| 10 | | (vi) ordered partially or completely emancipated | 11 | | in accordance with the
provisions of the Emancipation | 12 | | of Minors Act;
| 13 | | (vii) subject to having his or her driver's license | 14 | | or driving
privileges
suspended for such time as | 15 | | determined by the court but only until he or she
| 16 | | attains 18 years of age;
| 17 | | (viii) put on probation or conditional discharge | 18 | | and placed in detention
under Section 3-6039 of the | 19 | | Counties Code for a period not to exceed the period
of | 20 | | incarceration permitted by law for adults found guilty | 21 | | of the same offense
or offenses for which the minor was | 22 | | adjudicated delinquent, and in any event no
longer than | 23 | | upon attainment of age 21; this subdivision (viii) | 24 | | notwithstanding
any contrary provision of the law;
| 25 | | (ix) ordered to undergo a medical or other | 26 | | procedure to have a tattoo
symbolizing allegiance to a |
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| 1 | | street gang removed from his or her body; or | 2 | | (x) placed in electronic home detention under Part | 3 | | 7A of this Article.
| 4 | | (b) A minor found to be guilty may be committed to the | 5 | | Department of
Juvenile Justice under Section 5-750 if the | 6 | | minor is 13 years of age or
older,
provided that the | 7 | | commitment to the Department of Juvenile Justice shall be | 8 | | made only if a term of incarceration is permitted by law | 9 | | for
adults found guilty of the offense for which the minor | 10 | | was adjudicated
delinquent. The time during which a minor | 11 | | is in custody before being released
upon the request of a | 12 | | parent, guardian or legal custodian shall be considered
as | 13 | | time spent in detention.
| 14 | | (c) When a minor is found to be guilty for an offense | 15 | | which is a violation
of the Illinois Controlled Substances | 16 | | Act, the Cannabis Control Act, or the Methamphetamine | 17 | | Control and Community Protection Act and made
a ward of the | 18 | | court, the court may enter a disposition order requiring | 19 | | the
minor and the minor's biological parents to undergo | 20 | | assessment,
counseling or treatment in a substance abuse | 21 | | program approved by the Department
of Human Services.
| 22 | | (2) Any sentencing order other than commitment to the | 23 | | Department of
Juvenile Justice may provide for protective | 24 | | supervision under
Section 5-725 and may include an order of | 25 | | protection under Section 5-730.
| 26 | | (3) Unless the sentencing order expressly so provides, it |
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| 1 | | does not operate
to close proceedings on the pending petition, | 2 | | but is subject to modification
until final closing and | 3 | | discharge of the proceedings under Section 5-750.
| 4 | | (4) In addition to any other sentence, the court may order | 5 | | any
minor
found to be delinquent to make restitution, in | 6 | | monetary or non-monetary form,
under the terms and conditions | 7 | | of Section 5-5-6 of the Unified Code of
Corrections, except | 8 | | that the "presentencing hearing" referred to in that
Section
| 9 | | shall be
the sentencing hearing for purposes of this Section. | 10 | | The parent, guardian or
legal custodian of the minor may be | 11 | | ordered by the court to pay some or all of
the restitution on | 12 | | the minor's behalf, pursuant to the Parental Responsibility
| 13 | | Law. The State's Attorney is authorized to act
on behalf of any | 14 | | victim in seeking restitution in proceedings under this
| 15 | | Section, up to the maximum amount allowed in Section 5 of the | 16 | | Parental
Responsibility Law.
| 17 | | (5) Any sentencing order where the minor is committed or | 18 | | placed in
accordance
with Section 5-740 shall provide for the | 19 | | parents or guardian of the estate of
the minor to pay to the | 20 | | legal custodian or guardian of the person of the minor
such | 21 | | sums as are determined by the custodian or guardian of the | 22 | | person of the
minor as necessary for the minor's needs. The | 23 | | payments may not exceed the
maximum amounts provided for by | 24 | | Section 9.1 of the Children and Family Services
Act.
| 25 | | (6) Whenever the sentencing order requires the minor to | 26 | | attend school or
participate in a program of training, the |
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| 1 | | truant officer or designated school
official shall regularly | 2 | | report to the court if the minor is a chronic or
habitual | 3 | | truant under Section 26-2a of the School Code. Notwithstanding | 4 | | any other provision of this Act, in instances in which | 5 | | educational services are to be provided to a minor in a | 6 | | residential facility where the minor has been placed by the | 7 | | court, costs incurred in the provision of those educational | 8 | | services must be allocated based on the requirements of the | 9 | | School Code.
| 10 | | (7) In no event shall a guilty minor be committed to the | 11 | | Department of
Juvenile Justice for a period of time in
excess | 12 | | of
that period for which an adult could be committed for the | 13 | | same act.
| 14 | | (8) A minor found to be guilty for reasons that include a | 15 | | violation of
Section 21-1.3 of the Criminal Code of 1961 shall | 16 | | be ordered to perform
community service for not less than 30 | 17 | | and not more than 120 hours, if
community service is available | 18 | | in the jurisdiction. The community service
shall include, but | 19 | | need not be limited to, the cleanup and repair of the damage
| 20 | | that was caused by the violation or similar damage to property | 21 | | located in the
municipality or county in which the violation | 22 | | occurred. The order may be in
addition to any other order | 23 | | authorized by this Section.
| 24 | | (8.5) A minor found to be guilty for reasons that include a | 25 | | violation of
Section
3.02 or Section 3.03 of the Humane Care | 26 | | for Animals Act or paragraph (d) of
subsection (1) of
Section |
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| 1 | | 21-1 of
the Criminal Code
of
1961 shall be ordered to undergo | 2 | | medical or psychiatric treatment rendered by
a
psychiatrist or | 3 | | psychological treatment rendered by a clinical psychologist.
| 4 | | The order
may be in addition to any other order authorized by | 5 | | this Section.
| 6 | | (9) In addition to any other sentencing order, the court | 7 | | shall order any
minor found
to be guilty for an act which would | 8 | | constitute, predatory criminal sexual
assault of a child, | 9 | | aggravated criminal sexual assault, criminal sexual
assault, | 10 | | aggravated criminal sexual abuse, or criminal sexual abuse if
| 11 | | committed by an
adult to undergo medical testing to determine | 12 | | whether the defendant has any
sexually transmissible disease | 13 | | including a test for infection with human
immunodeficiency | 14 | | virus (HIV) or any other identified causative agency of
| 15 | | acquired immunodeficiency syndrome (AIDS). Any medical test | 16 | | shall be performed
only by appropriately licensed medical | 17 | | practitioners and may include an
analysis of any bodily fluids | 18 | | as well as an examination of the minor's person.
Except as | 19 | | otherwise provided by law, the results of the test shall be | 20 | | kept
strictly confidential by all medical personnel involved in | 21 | | the testing and must
be personally delivered in a sealed | 22 | | envelope to the judge of the court in which
the sentencing | 23 | | order was entered for the judge's inspection in camera. Acting
| 24 | | in accordance with the best interests of the victim and the | 25 | | public, the judge
shall have the discretion to determine to | 26 | | whom the results of the testing may
be revealed. The court |
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| 1 | | shall notify the minor of the results of the test for
infection | 2 | | with the human immunodeficiency virus (HIV). The court shall | 3 | | also
notify the victim if requested by the victim, and if the | 4 | | victim is under the
age of 15 and if requested by the victim's | 5 | | parents or legal guardian, the court
shall notify the victim's | 6 | | parents or the legal guardian, of the results of the
test for | 7 | | infection with the human immunodeficiency virus (HIV). The | 8 | | court
shall provide information on the availability of HIV | 9 | | testing and counseling at
the Department of Public Health | 10 | | facilities to all parties to whom the
results of the testing | 11 | | are revealed. The court shall order that the cost of
any test | 12 | | shall be paid by the county and may be taxed as costs against | 13 | | the
minor.
| 14 | | (10) When a court finds a minor to be guilty the court | 15 | | shall, before
entering a sentencing order under this Section, | 16 | | make a finding whether the
offense committed either: (a) was | 17 | | related to or in furtherance of the criminal
activities of an | 18 | | organized gang or was motivated by the minor's membership in
or | 19 | | allegiance to an organized gang, or (b) involved a violation of
| 20 | | subsection (a) of Section 12-7.1 of the Criminal Code of 1961, | 21 | | a violation of
any
Section of Article 24 of the Criminal Code | 22 | | of 1961, or a violation of any
statute that involved the | 23 | | wrongful use of a firearm. If the court determines
the question | 24 | | in the affirmative,
and the court does not commit the minor to | 25 | | the Department of Juvenile Justice, the court shall order the | 26 | | minor to perform community service
for not less than 30 hours |
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| 1 | | nor more than 120 hours, provided that community
service is | 2 | | available in the jurisdiction and is funded and approved by the
| 3 | | county board of the county where the offense was committed. The | 4 | | community
service shall include, but need not be limited to, | 5 | | the cleanup and repair of
any damage caused by a violation of | 6 | | Section 21-1.3 of the Criminal Code of 1961
and similar damage | 7 | | to property located in the municipality or county in which
the | 8 | | violation occurred. When possible and reasonable, the | 9 | | community service
shall be performed in the minor's | 10 | | neighborhood. This order shall be in
addition to any other | 11 | | order authorized by this Section
except for an order to place | 12 | | the minor in the custody of the Department of
Juvenile Justice. | 13 | | For the purposes of this Section, "organized
gang" has the | 14 | | meaning ascribed to it in Section 10 of the Illinois Streetgang
| 15 | | Terrorism Omnibus Prevention Act.
| 16 | | (11) If the court determines that the offense was committed | 17 | | in furtherance of the criminal activities of an organized gang, | 18 | | as provided in subsection (10), and that the offense involved | 19 | | the operation or use of a motor vehicle or the use of a | 20 | | driver's license or permit, the court shall notify the | 21 | | Secretary of State of that determination and of the period for | 22 | | which the minor shall be denied driving privileges. If, at the | 23 | | time of the determination, the minor does not hold a driver's | 24 | | license or permit, the court shall provide that the minor shall | 25 | | not be issued a driver's license or permit until his or her | 26 | | 18th birthday. If the minor holds a driver's license or permit |
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| 1 | | at the time of the determination, the court shall provide that | 2 | | the minor's driver's license or permit shall be revoked until | 3 | | his or her 21st birthday, or until a later date or occurrence | 4 | | determined by the court. If the minor holds a driver's license | 5 | | at the time of the determination, the court may direct the | 6 | | Secretary of State to issue the minor a judicial driving | 7 | | permit, also known as a JDP. The JDP shall be subject to the | 8 | | same terms as a JDP issued under Section 6-206.1 of the | 9 | | Illinois Vehicle Code, except that the court may direct that | 10 | | the JDP be effective immediately.
| 11 | | (12) If a minor is found to be guilty of a violation of
| 12 | | subsection (a-7) of Section 1 of the Prevention of Tobacco Use | 13 | | by Minors Act, the
court may, in its discretion, and upon
| 14 | | recommendation by the State's Attorney, order that minor and | 15 | | his or her parents
or legal
guardian to attend a smoker's | 16 | | education or youth diversion program as defined
in that Act if | 17 | | that
program is available in the jurisdiction where the | 18 | | offender resides.
Attendance at a smoker's education or youth | 19 | | diversion program
shall be time-credited against any community | 20 | | service time imposed for any
first violation of subsection | 21 | | (a-7) of Section 1 of that Act. In addition to any
other
| 22 | | penalty
that the court may impose for a violation of subsection | 23 | | (a-7) of Section 1 of
that Act, the
court, upon request by the | 24 | | State's Attorney, may in its discretion
require
the offender to | 25 | | remit a fee for his or her attendance at a smoker's
education | 26 | | or
youth diversion program.
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| 1 | | For purposes of this Section, "smoker's education program" | 2 | | or "youth
diversion program" includes, but is not limited to, a | 3 | | seminar designed to
educate a person on the physical and | 4 | | psychological effects of smoking tobacco
products and the | 5 | | health consequences of smoking tobacco products that can be
| 6 | | conducted with a locality's youth diversion program.
| 7 | | In addition to any other penalty that the court may impose | 8 | | under this
subsection
(12):
| 9 | | (a) If a minor violates subsection (a-7) of Section 1 | 10 | | of the Prevention of
Tobacco Use by Minors Act, the court | 11 | | may
impose a sentence of 15 hours of
community service or a | 12 | | fine of $25 for a first violation.
| 13 | | (b) A second violation by a minor of subsection (a-7) | 14 | | of Section 1 of that Act
that occurs
within 12 months after | 15 | | the first violation is punishable by a fine of $50 and
25
| 16 | | hours of community service.
| 17 | | (c) A third or subsequent violation by a minor of | 18 | | subsection (a-7) of Section
1 of that Act
that
occurs | 19 | | within 12 months after the first violation is punishable by | 20 | | a $100
fine
and 30 hours of community service.
| 21 | | (d) Any second or subsequent violation not within the | 22 | | 12-month time period
after the first violation is | 23 | | punishable as provided for a first violation.
| 24 | | (Source: P.A. 95-337, eff. 6-1-08; 95-642, eff. 6-1-08; 95-844, | 25 | | eff. 8-15-08; 95-876, eff. 8-21-08; 96-179, eff. 8-10-09; | 26 | | 96-293, eff. 1-1-10; 96-1000, eff. 7-2-10.)
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