Full Text of HB2889 103rd General Assembly
HB2889eng 103RD GENERAL ASSEMBLY |
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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 Section 5-601 and by adding Section 5-602 as follows:
| 6 | | (705 ILCS 405/5-601)
| 7 | | Sec. 5-601. Trial.
| 8 | | (1) When a petition has been filed alleging that the minor | 9 | | is a
delinquent, a trial
must be held within 120 days of a | 10 | | written demand for such hearing made by any
party,
except that | 11 | | when the State, without success, has exercised due diligence | 12 | | to
obtain evidence material to the case and there are | 13 | | reasonable grounds to
believe that the evidence may be | 14 | | obtained at a later date, the court may, upon
motion by the | 15 | | State, continue the trial for not more than 30 additional | 16 | | days.
| 17 | | (2) If a minor respondent has multiple delinquency | 18 | | petitions pending
against him or her in the same county and | 19 | | simultaneously demands a trial upon
more than
one delinquency | 20 | | petition pending against him or her in the same county, he or
| 21 | | she shall
receive a trial or have a finding, after waiver of | 22 | | trial, upon at least one
such petition before expiration | 23 | | relative to any of the pending
petitions of the period |
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| 1 | | described by this Section. All remaining petitions
thus | 2 | | pending against the minor respondent shall be adjudicated | 3 | | within 120 160 days
from the date on which a finding relative | 4 | | to the first petition prosecuted
is rendered under Section | 5 | | 5-620 of this Article, or, if the trial upon the
first petition | 6 | | is terminated without a finding and there is no subsequent
| 7 | | trial, or adjudication after waiver of trial, on the first | 8 | | petition within a
reasonable time, the minor shall receive a | 9 | | trial upon all of the remaining
petitions within 120 160 days | 10 | | from the date on which the trial, or finding after
waiver of | 11 | | trial, on the first petition is concluded. If either such | 12 | | period of
120 160 days expires without the commencement of | 13 | | trial, or adjudication after
waiver of trial, of any of the | 14 | | remaining pending petitions, the petition or
petitions shall
| 15 | | be dismissed and barred for want of prosecution unless the | 16 | | delay is occasioned
by any of the reasons described in this | 17 | | Section.
| 18 | | (3) When no such trial is held within the time required by | 19 | | subsections (1)
and (2) of this Section, the court shall, upon | 20 | | motion by any party, dismiss the
petition with prejudice.
| 21 | | (3.5) The period in which a trial shall be held as | 22 | | prescribed by this Section is tolled by: (i) delay
occasioned
| 23 | | by the minor; (ii) a continuance allowed pursuant to Section | 24 | | 114-4 of the Code
of Criminal Procedure of 1963 after the | 25 | | court's determination of the minor's
incapacity for trial; | 26 | | (iii) an interlocutory appeal;
(iv) an examination of fitness |
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| 1 | | ordered pursuant to Section 104-13 of the Code
of Criminal
| 2 | | Procedure of 1963; (v) a fitness hearing; or (vi) an | 3 | | adjudication of unfitness
for trial. Any such delay shall | 4 | | temporarily suspend, for the time of the
delay, the period | 5 | | within which a trial must be held as prescribed by
this | 6 | | Section. On the day of
expiration of the delays the period | 7 | | shall continue at the point at which
the time was suspended. | 8 | | (4) (Blank). Without affecting the applicability of the | 9 | | tolling and multiple
prosecution provisions of subsections (8) | 10 | | and (2) of this Section when a
petition has been filed alleging | 11 | | that the minor is a delinquent and the minor
is in detention or | 12 | | shelter care, the trial shall be held within 30 calendar
days | 13 | | after the date of the order directing detention or shelter | 14 | | care, or the
earliest possible date in compliance with the | 15 | | provisions of Section 5-525 as to
the custodial
parent, | 16 | | guardian or legal custodian, but no later than 45 calendar | 17 | | days from
the date of the order of the court directing | 18 | | detention or shelter care. When
the petition alleges the minor | 19 | | has committed an offense involving a controlled
substance as | 20 | | defined in the Illinois Controlled Substances Act or | 21 | | methamphetamine as defined in the Methamphetamine Control and | 22 | | Community Protection Act, the court may,
upon motion of the | 23 | | State, continue the trial
for receipt of a confirmatory | 24 | | laboratory report for up to 45 days after the
date of the order | 25 | | directing detention or shelter care. When the petition
alleges | 26 | | the minor committed an offense that involves the death of, |
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| 1 | | great bodily
harm to or sexual assault or aggravated criminal | 2 | | sexual abuse on a victim, the
court may, upon motion of the | 3 | | State, continue the trial for not more than 70
calendar days | 4 | | after the date of the order directing detention or shelter
| 5 | | care.
| 6 | | Any failure to comply with the time limits of this Section | 7 | | shall require the
immediate release of the minor from | 8 | | detention, and the time limits set forth in
subsections (1) | 9 | | and (2) shall apply.
| 10 | | (4.5) Agreeing to a continuance for trial or status based | 11 | | on the failure of the State to complete discovery shall not be | 12 | | considered a delay occasioned by the minor for purposes of | 13 | | subsection (3.5). Further, demanding trial under subsections | 14 | | (1) or (2) does not relieve the State of its ongoing duty to | 15 | | tender discovery. | 16 | | (5) (Blank). If the court determines that the State, | 17 | | without success, has exercised
due diligence to obtain the | 18 | | results of DNA testing that is material to the
case, and that | 19 | | there are reasonable grounds to believe that the results may | 20 | | be
obtained at a later date, the court may
continue the cause | 21 | | on application of the State for not more than 120 additional
| 22 | | days. The court may also extend the period of detention of the | 23 | | minor for not
more than 120 additional days.
| 24 | | (6) (Blank). If the State's Attorney makes a written | 25 | | request that a proceeding
be designated an extended juvenile | 26 | | jurisdiction prosecution, and the minor is
in detention, the |
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| 1 | | period the minor can be held in detention pursuant to
| 2 | | subsection (4),
shall be extended an additional 30 days after | 3 | | the court determines whether the
proceeding will be designated | 4 | | an extended juvenile jurisdiction prosecution or
the State's | 5 | | Attorney withdraws the request for extended juvenile | 6 | | jurisdiction
prosecution.
| 7 | | (7) (Blank). When the State's Attorney files a motion for | 8 | | waiver of jurisdiction
pursuant to
Section 5-805, and the | 9 | | minor is in detention, the period the minor can be held
in
| 10 | | detention pursuant to subsection (4), shall be extended an | 11 | | additional 30 days
if the
court denies motion for waiver of | 12 | | jurisdiction or the State's Attorney
withdraws the motion for | 13 | | waiver of jurisdiction.
| 14 | | (8) (Blank). The period in which a trial shall be held as | 15 | | prescribed by subsections
(1), (2), (3), (4), (5), (6), or (7) | 16 | | of this Section is tolled by: (i) delay
occasioned
by the | 17 | | minor; (ii) a continuance allowed pursuant to Section 114-4 of | 18 | | the Code
of Criminal Procedure of 1963 after the court's | 19 | | determination of the minor's
incapacity for trial; (iii) an | 20 | | interlocutory appeal;
(iv) an examination of fitness ordered | 21 | | pursuant to Section 104-13 of the Code
of Criminal
Procedure | 22 | | of 1963; (v) a fitness hearing; or (vi) an adjudication of | 23 | | unfitness
for trial. Any such delay shall temporarily suspend, | 24 | | for the time of the
delay, the period within which a trial must | 25 | | be held as prescribed by
subsections (1), (2), (4), (5), and | 26 | | (6) of this Section. On the day of
expiration of the delays the |
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| 1 | | period shall continue at the point at which
the time was | 2 | | suspended.
| 3 | | (9) (Blank). Nothing in this Section prevents the minor or | 4 | | the minor's parents,
guardian
or legal custodian from | 5 | | exercising their respective rights to waive the time
limits | 6 | | set forth in this Section.
| 7 | | (Source: P.A. 94-556, eff. 9-11-05.)
| 8 | | (705 ILCS 405/5-602 new) | 9 | | Sec. 5-602. Pretrial detention. | 10 | | (1) When a petition has been filed alleging that the minor | 11 | | is a delinquent and the minor is in detention or shelter care, | 12 | | the trial shall be held within 30 calendar days after the date | 13 | | of the order directing detention or shelter care, or the | 14 | | earliest possible date in compliance with the provisions of | 15 | | Section 5-525 as to the custodial parent, guardian, or legal | 16 | | custodian, but no later than 45 calendar days from the date of | 17 | | the order of the court directing detention or shelter care. | 18 | | This time includes any time a minor spends in custody on a | 19 | | release upon request to Department of Children and Family | 20 | | Services status. When the petition alleges the minor committed | 21 | | an offense that involves the death of or great bodily harm to a | 22 | | victim, the court may, upon motion of the State under Section | 23 | | 5-603, continue the trial for not more than 70 calendar days | 24 | | after the date of the order directing detention or shelter | 25 | | care. |
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| 1 | | (2) Any failure to comply with the time limits of this | 2 | | Section shall require the immediate release of the minor from | 3 | | detention and the time limits set forth in subsections (1) and | 4 | | (2) of Section 5-601 shall apply. | 5 | | (3) As the speedy trial provisions outlined in Section | 6 | | 5-601 and this Section are distinctly separate statute | 7 | | Sections, a minor need not demand trial for this Section to | 8 | | apply. | 9 | | (4) Notwithstanding the provisions of subsection (2) of | 10 | | Section 5-601, the detention provisions of this Section govern | 11 | | a minor who has multiple delinquency petitions filed against | 12 | | him or her. A minor shall not be held longer than the times | 13 | | described in this Section while awaiting trial. If immediate | 14 | | and urgent necessity has been found pursuant to Section 5-501 | 15 | | ordering a minor to be held, the hold shall be on all pending | 16 | | cases. | 17 | | (5) If the State's Attorney makes a written request that a | 18 | | proceeding be designated an extended juvenile jurisdiction | 19 | | prosecution, and the minor is in detention, the period the | 20 | | minor may be held in detention may be extended an additional 30 | 21 | | days. A pending extended juvenile jurisdiction petition shall | 22 | | not be a basis for detention past the prescribed time periods | 23 | | in this Section. | 24 | | (6) When the State's Attorney files a motion for waiver of | 25 | | jurisdiction pursuant to Section 5-805, and the minor is in | 26 | | detention, the period the minor may be held in detention may be |
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| 1 | | extended an additional 30 days. A pending transfer petition | 2 | | shall not be a basis for detention past the prescribed time | 3 | | periods in this Section. | 4 | | (7) The period in which a trial shall be held as prescribed | 5 | | by this Section is tolled by: (i) delay occasioned by the | 6 | | minor; (ii) a continuance allowed pursuant to Section 114-4 of | 7 | | the Code of Criminal Procedure of 1963 after the court's | 8 | | determination of the minor's incapacity for trial; (iii) an | 9 | | interlocutory appeal; (iv) an examination of fitness ordered | 10 | | pursuant to Section 104-13 of the Code of Criminal Procedure | 11 | | of 1963; (v) a fitness hearing; or (vi) an adjudication of | 12 | | unfitness for trial. Any such delay shall temporarily suspend, | 13 | | for the time of the delay, the period within which a trial must | 14 | | be held as prescribed by this Section. | 15 | | (8) Agreeing to a continuance for trial or status based on | 16 | | the failure of the State to complete discovery, shall not be | 17 | | considered a delay occasioned by the minor for purposes of | 18 | | this Section. Time needed to prepare a defense to a State | 19 | | motion such as an extended juvenile jurisdiction petition in | 20 | | subsection (5) or a transfer petition in subsection (6) shall | 21 | | not be considered a delay occasioned by the minor.
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