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90_HB0287
625 ILCS 5/6-204 from Ch. 95 1/2, par. 6-204
625 ILCS 5/6-205.1 new
705 ILCS 405/3-24 from Ch. 37, par. 803-24
705 ILCS 405/3-33 from Ch. 37, par. 803-33
705 ILCS 405/4-21 from Ch. 37, par. 804-21
705 ILCS 405/5-23 from Ch. 37, par. 805-23
Amends the Illinois Vehicle Code and the Juvenile Court
Act of 1987. Permits the court to order the Secretary of
State to suspend until age 18 years the driver's license of a
minor adjudicated as requiring authoritative intervention, a
truant minor in need of supervision, an addicted minor, or a
delinquent minor. Effective immediately.
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LRB9002490WHmg
1 AN ACT in relation to the suspension of driver's licenses
2 of certain minors, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 6-204 and adding Section 6-205.1 as follows:
7 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
8 Sec. 6-204. When Court to forward License and Reports.
9 (a) For the purpose of providing to the Secretary of
10 State the records essential to the performance of the
11 Secretary's duties under this Code to cancel, revoke or
12 suspend the driver's license and privilege to drive motor
13 vehicles of certain minors adjudicated truant minors in need
14 of supervision, requiring authoritative intervention,
15 addicted, or delinquent and of persons found guilty of the
16 criminal offenses or traffic violations which this Code
17 recognizes as evidence relating to unfitness to safely
18 operate motor vehicles, the following duties are imposed upon
19 public officials:
20 1. Whenever any person is convicted of any offense
21 for which this Code makes mandatory the cancellation or
22 revocation of the driver's license or permit of such
23 person by the Secretary of State, the judge of the court
24 in which such conviction is had shall require the
25 surrender to the clerk of the court of all driver's
26 licenses or permits then held by the person so convicted,
27 and the clerk of the court shall, within 10 days
28 thereafter, forward the same, together with a report of
29 such conviction, to the Secretary.
30 2. Whenever any person is convicted of any offense
31 under this Code or similar offenses under a municipal
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1 ordinance, other than regulations governing standing,
2 parking or weights of vehicles, and excepting the
3 following enumerated Sections of this Code: Sections
4 11-1406 (obstruction to driver's view or control),
5 11-1407 (improper opening of door into traffic), 11-1410
6 (coasting on downgrade), 11-1411 (following fire
7 apparatus), 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101
8 (driving vehicle which is in unsafe condition or
9 improperly equipped), 12-201(a) (daytime lights on
10 motorcycles), 12-202 (clearance, identification and side
11 marker lamps), 12-204 (lamp or flag on projecting load),
12 12-205 (failure to display the safety lights required),
13 12-401 (restrictions as to tire equipment), 12-502
14 (mirrors), 12-503 (windshields must be unobstructed and
15 equipped with wipers), 12-601 (horns and warning
16 devices), 12-602 (mufflers, prevention of noise or
17 smoke), 12-603 (seat safety belts), 12-702 (certain
18 vehicles to carry flares or other warning devices),
19 12-703 (vehicles for oiling roads operated on highways),
20 12-710 (splash guards and replacements), 13-101 (safety
21 tests), 15-101 (size, weight and load), 15-102 (width),
22 15-103 (height), 15-104 (name and address on second
23 division vehicles), 15-107 (length of vehicle), 15-109.1
24 (cover or tarpaulin), 15-111 (weights), 15-112 (weights),
25 15-301 (weights), 15-316 (weights), 15-318 (weights), and
26 also excepting the following enumerated Sections of the
27 Chicago Municipal Code: Sections 27-245 (following fire
28 apparatus), 27-254 (obstruction of traffic), 27-258
29 (driving vehicle which is in unsafe condition), 27-259
30 (coasting on downgrade), 27-264 (use of horns and signal
31 devices), 27-265 (obstruction to driver's view or driver
32 mechanism), 27-267 (dimming of headlights), 27-268
33 (unattended motor vehicle), 27-272 (illegal funeral
34 procession), 27-273 (funeral procession on boulevard),
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1 27-275 (driving freighthauling vehicles on boulevard),
2 27-276 (stopping and standing of buses or taxicabs),
3 27-277 (cruising of public passenger vehicles), 27-305
4 (parallel parking), 27-306 (diagonal parking), 27-307
5 (parking not to obstruct traffic), 27-308 (stopping,
6 standing or parking regulated), 27-311 (parking
7 regulations), 27-312 (parking regulations), 27-313
8 (parking regulations), 27-314 (parking regulations),
9 27-315 (parking regulations), 27-316 (parking
10 regulations), 27-317 (parking regulations), 27-318
11 (parking regulations), 27-319 (parking regulations),
12 27-320 (parking regulations), 27-321 (parking
13 regulations), 27-322 (parking regulations), 27-324
14 (loading and unloading at an angle), 27-333 (wheel and
15 axle loads), 27-334 (load restrictions in the downtown
16 district), 27-335 (load restrictions in residential
17 areas), 27-338 (width of vehicles), 27-339 (height of
18 vehicles), 27-340 (length of vehicles), 27-352
19 (reflectors on trailers), 27-353 (mufflers), 27-354
20 (display of plates), 27-355 (display of city vehicle tax
21 sticker), 27-357 (identification of vehicles), 27-358
22 (projecting of loads), and also excepting the following
23 enumerated paragraphs of Section 2-201 of the Rules and
24 Regulations of the Illinois State Toll Highway Authority:
25 (l) (driving unsafe vehicle on tollway), (m) (vehicles
26 transporting dangerous cargo not properly indicated), it
27 shall be the duty of the clerk of the court in which such
28 conviction is had within 10 days thereafter to forward to
29 the Secretary of State a report of the conviction and the
30 court may recommend the suspension of the driver's
31 license or permit of the person so convicted.
32 The reporting requirements of this subsection shall apply
33 to all violations stated in paragraphs 1 and 2 of this
34 subsection when the individual has been adjudicated under the
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1 Juvenile Court Act or the Juvenile Court Act of 1987. Such
2 reporting requirements shall also apply to individuals
3 adjudicated under the Juvenile Court Act or the Juvenile
4 Court Act of 1987 who have committed a violation of Section
5 11-501 of this Code, or similar provision of a local
6 ordinance, or Section 9-3 of the Criminal Code of 1961, as
7 amended, relating to the offense of reckless homicide. The
8 reporting requirements of this subsection shall also apply to
9 a minor who has been adjudicated under the Juvenile Court Act
10 of 1987 as requiring authoritative intervention, a truant
11 minor in need of supervision, an addicted minor, or a
12 delinquent minor and whose driver's license and privilege to
13 drive a motor vehicle has been ordered suspended by the court
14 until he or she attains 18 years of age. It shall be the
15 duty of the clerk of the court in which adjudication is had
16 within 10 days thereafter to forward to the Secretary of
17 State a report of the adjudication and the court order
18 requiring the Secretary of State to suspend the minor's
19 driver's license and driving privilege until he or she
20 attains the age of 18 years. All juvenile court dispositions
21 reported to the Secretary of State under this provision shall
22 be processed by the Secretary of State as if the cases had
23 been adjudicated in traffic or criminal court. However,
24 information reported relative to the offense of reckless
25 homicide, or Section 11-501 of this Code, or a similar
26 provision of a local ordinance, shall be privileged and
27 available only to the Secretary of State, courts, and police
28 officers.
29 3. Whenever an order is entered vacating the
30 forfeiture of any bail, security or bond given to secure
31 appearance for any offense under this Code or similar
32 offenses under municipal ordinance, it shall be the duty
33 of the clerk of the court in which such vacation was had
34 or the judge of such court if such court has no clerk,
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1 within 10 days thereafter to forward to the Secretary of
2 State a report of the vacation.
3 4. A report of any disposition of court supervision
4 for a violation of Sections 6-303, 11-401, 11-501 or a
5 similar provision of a local ordinance, 11-503 and 11-504
6 shall be forwarded to the Secretary of State.
7 5. Reports of conviction and adjudications under
8 the Juvenile Court Act of 1987 in a computer processible
9 medium shall be forwarded to the Secretary of State via
10 the Supreme Court in the form and format required by the
11 Illinois Supreme Court and established by a written
12 agreement between the Supreme Court and the Secretary of
13 State. In counties with a population over 300,000,
14 instead of forwarding reports to the Supreme Court,
15 reports of conviction and adjudications under the
16 Juvenile Court Act of 1987 in a computer processible
17 medium may be forwarded to the Secretary of State by the
18 Circuit Court Clerk in a form and format required by the
19 Secretary of State and established by written agreement
20 between the Circuit Court Clerk and the Secretary of
21 State. Failure to forward the reports of conviction or
22 adjudications under the Juvenile Court Act of 1987 as
23 required by this Section shall be deemed an omission of
24 duty and it shall be the duty of the several State's
25 Attorneys to enforce the requirements of this Section.
26 (b) Whenever a restricted driving permit is forwarded to
27 a court, as a result of confiscation by a police officer
28 pursuant to the authority in Section 6-113(f), it shall be
29 the duty of the clerk, or judge, if the court has no clerk,
30 to forward such restricted driving permit and a facsimile of
31 the officer's citation to the Secretary of State as
32 expeditiously as practicable.
33 (c) For the purposes of this Code, a forfeiture of bail
34 or collateral deposited to secure a defendant's appearance in
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1 court when forfeiture has not been vacated, or the failure of
2 a defendant to appear for trial after depositing his driver's
3 license in lieu of other bail, shall be equivalent to a
4 conviction.
5 (d) For the purpose of providing the Secretary of State
6 with records necessary to properly monitor and assess driver
7 performance and assist the courts in the proper disposition
8 of repeat traffic law offenders, the clerk of the court shall
9 forward to the Secretary of State, on a form prescribed by
10 the Secretary, records of driver's participation in a driver
11 remedial or rehabilitative program which was required,
12 through a court order or court supervision, in relation to
13 the driver's arrest for a violation of Section 11-501 of this
14 Code or a similar provision of a local ordinance. Such
15 reports shall be sent within 10 days after the driver's
16 referral to such driver remedial or rehabilitative program.
17 Such reports, including those required to be forwarded under
18 subsection 4 of paragraph (a), shall be recorded to the
19 driver's file, but shall not be released to any outside
20 source, except the affected driver, and shall be used only to
21 assist in assessing driver performance and for the purpose of
22 informing the courts that such driver has been previously
23 assigned court supervision or referred to a driver's remedial
24 or rehabilitative program.
25 (Source: P.A. 88-415.)
26 (625 ILCS 5/6-205.1 new)
27 Sec. 6-205.1. Suspension of driver's licenses of certain
28 minors. Whenever a person is adjudicated under the Juvenile
29 Court Act of 1987 as a truant minor in need of supervision, a
30 minor requiring authoritative intervention, an addicted
31 minor, or a delinquent minor and the court orders that the
32 minor's driver's license or privilege to drive a motor
33 vehicle be suspended until the minor attains 18 years of age,
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1 the Secretary of State shall suspend the driving privileges
2 of that person until that person attains the age of 18 years.
3 Section 10. The Juvenile Court Act of 1987 is amended by
4 changing Sections 3-24, 3-33, 4-21, and 5-23 as follows:
5 (705 ILCS 405/3-24) (from Ch. 37, par. 803-24)
6 Sec. 3-24. Kinds of dispositional orders.
7 (1) The following kinds of orders of disposition may be
8 made in respect to wards of the court: A minor found to be
9 requiring authoritative intervention under Section 3-3 may be
10 (a) committed to the Department of Children and Family
11 Services, subject to Section 5 of the Children and Family
12 Services Act; (b) placed under supervision and released to
13 his or her parents, guardian or legal custodian; (c) placed
14 in accordance with Section 3-28 with or without also being
15 placed under supervision. Conditions of supervision may be
16 modified or terminated by the court if it deems that the best
17 interests of the minor and the public will be served thereby;
18 or (d) ordered partially or completely emancipated in
19 accordance with the provisions of the Emancipation of Mature
20 Minors Act; or (e) subject to having his or her driver's
21 license or driving privilege suspended until he or she
22 attains 18 years of age.
23 (2) Any order of disposition may provide for protective
24 supervision under Section 3-25 and may include an order of
25 protection under Section 3-26.
26 (3) Unless the order of disposition expressly so
27 provides, it does not operate to close proceedings on the
28 pending petition, but is subject to modification until final
29 closing and discharge of the proceedings under Section 3-32.
30 (4) In addition to any other order of disposition, the
31 court may order any person found to be a minor requiring
32 authoritative intervention under Section 3-3 to make
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1 restitution, in monetary or non-monetary form, under the
2 terms and conditions of Section 5-5-6 of the Unified Code of
3 Corrections, except that the "presentence hearing" referred
4 to therein shall be the dispositional hearing for purposes of
5 this Section. The parent, guardian or legal custodian of
6 the minor may pay some or all of such restitution on the
7 minor's behalf.
8 (5) Any order for disposition where the minor is
9 committed or placed in accordance with Section 3-28 shall
10 provide for the parents or guardian of the estate of such
11 minor to pay to the legal custodian or guardian of the person
12 of the minor such sums as are determined by the custodian or
13 guardian of the person of the minor as necessary for the
14 minor's needs. Such payments may not exceed the maximum
15 amounts provided for by Section 9.1 of the Children and
16 Family Services Act.
17 (6) Whenever the order of disposition requires the minor
18 to attend school or participate in a program of training, the
19 truant officer or designated school official shall regularly
20 report to the court if the minor is a chronic or habitual
21 truant under Section 26-2a of the School Code.
22 (Source: P.A. 89-235, eff. 8-4-95.)
23 (705 ILCS 405/3-33) (from Ch. 37, par. 803-33)
24 Sec. 3-33. Truant Minor in Need of Supervision. (a)
25 Definition. Any minor who is reported by a regional
26 superintendent of schools, in a county of less than 2,000,000
27 inhabitants, as a chronic truant (i) to whom prevention,
28 diagnostic, intervention and remedial services and
29 alternative programs and other school and community resources
30 have been provided and have failed to result in the cessation
31 of chronic truancy, or (ii) to whom such services, programs
32 and resources have been offered and have been refused, shall
33 be adjudged a truant minor in need of supervision.
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1 (b) Kinds of dispositional orders. A minor found to be
2 a truant minor in need of supervision may be:
3 (1) committed to the appropriate regional
4 superintendent of schools for a multi-disciplinary case
5 staffing, individualized educational plan or service plan, or
6 referral to comprehensive community-based youth services;
7 (2) required to comply with an individualized
8 educational plan or service plan as specifically provided by
9 the appropriate regional superintendent of schools;
10 (3) ordered to obtain counseling or other supportive
11 services;
12 (4) subject to a fine in an amount in excess of $5, but
13 not exceeding $100, and each day of absence without valid
14 cause as defined in Section 26-2a of The School Code is a
15 separate offense;
16 (5) required to perform some reasonable public service
17 work such as, but not limited to, the picking up of litter in
18 public parks or along public highways or the maintenance of
19 public facilities; or
20 (6) subject to having his or her driver's license or
21 driving privilege suspended until he or she attains 18 years
22 of age.
23 (Source: P.A. 85-1235.)
24 (705 ILCS 405/4-21) (from Ch. 37, par. 804-21)
25 Sec. 4-21. Kinds of dispositional orders.
26 (1) A minor found to be addicted under Section 4-3 may
27 be (a) committed to the Department of Children and Family
28 Services, subject to Section 5 of the Children and Family
29 Services Act; (b) placed under supervision and released to
30 his or her parents, guardian or legal custodian; (c) placed
31 in accordance with Section 4-25 with or without also being
32 placed under supervision. Conditions of supervision may be
33 modified or terminated by the court if it deems that the best
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1 interests of the minor and the public will be served thereby;
2 (d) required to attend an approved alcohol or drug abuse
3 treatment or counseling program on an inpatient or outpatient
4 basis instead of or in addition to the disposition otherwise
5 provided for in this paragraph; or (e) ordered partially or
6 completely emancipated in accordance with the provisions of
7 the Emancipation of Mature Minors Act; or (f) subject to
8 having his or her driver's license or driving privilege
9 suspended until he or she attains 18 years of age. No
10 disposition under this subsection shall provide for the
11 minor's placement in a secure facility.
12 (2) Any order of disposition may provide for protective
13 supervision under Section 4-22 and may include an order of
14 protection under Section 4-23.
15 (3) Unless the order of disposition expressly so
16 provides, it does not operate to close proceedings on the
17 pending petition, but is subject to modification until final
18 closing and discharge of the proceedings under Section 4-29.
19 (4) In addition to any other order of disposition, the
20 court may order any minor found to be addicted under this
21 Article as neglected with respect to his or her own injurious
22 behavior, to make restitution, in monetary or non-monetary
23 form, under the terms and conditions of Section 5-5-6 of the
24 Unified Code of Corrections, except that the "presentence
25 hearing" referred to therein shall be the dispositional
26 hearing for purposes of this Section. The parent, guardian
27 or legal custodian of the minor may pay some or all of such
28 restitution on the minor's behalf.
29 (5) Any order for disposition where the minor is placed
30 in accordance with Section 4-25 shall provide for the parents
31 or guardian of the estate of such minor to pay to the legal
32 custodian or guardian of the person of the minor such sums as
33 are determined by the custodian or guardian of the person of
34 the minor as necessary for the minor's needs. Such payments
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1 may not exceed the maximum amounts provided for by Section
2 9.1 of the Children and Family Services Act.
3 (6) Whenever the order of disposition requires the minor
4 to 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.
8 (Source: P.A. 89-202, eff. 7-21-95; 89-235, eff. 8-4-95;
9 89-626, eff. 8-9-96.)
10 (705 ILCS 405/5-23) (from Ch. 37, par. 805-23)
11 (Text of Section in effect until July 1, 1997)
12 Sec. 5-23. Kinds of dispositional orders.
13 (1) The following kinds of orders of disposition may be
14 made in respect of wards of the court:
15 (a) Except as provided in Section 5-33 and Section
16 5-35, a minor found to be a delinquent under Section 5-3
17 may be:
18 (1) put on probation or conditional discharge
19 and released to his or her parents, guardian or
20 legal custodian, provided, however, that any such
21 minor who is not committed to the Department of
22 Corrections, Juvenile Division under this subsection
23 and who is found to be a delinquent for an offense
24 which is first degree murder, a Class X felony, or a
25 forcible felony shall be placed on probation;
26 (2) placed in accordance with Section 5-29,
27 with or without also being put on probation or
28 conditional discharge;
29 (3) where authorized under the Alcoholism and
30 Other Drug Abuse and Dependency Act, ordered
31 admitted for treatment for drug addiction by the
32 Illinois Department of Alcoholism and Substance
33 Abuse;
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1 (4) committed to the Department of Children
2 and Family Services, but only if the delinquent
3 minor is under 13 years of age;
4 (5) placed in detention for a period not to
5 exceed 30 days, either as the exclusive order of
6 disposition or, where appropriate, in conjunction
7 with any other order of disposition issued under
8 this paragraph, provided that any such detention
9 shall be in a juvenile detention home and the minor
10 so detained shall be 10 years of age or older.
11 However, the 30-day limitation may be extended by
12 further order of the court for a minor under age 13
13 committed to the Department of Children and Family
14 Services if the court finds that the minor is a
15 danger to himself or others. The minor shall be
16 given credit on the dispositional order of detention
17 for time spent in detention under Sections 5-10(2),
18 5-14(b)(2), 5-23(1)(b), or 5-25(2) of this Act as a
19 result of the offense for which the dispositional
20 order was imposed. The court may grant credit on a
21 dispositional order of detention entered under a
22 violation of probation or violation of conditional
23 discharge under Section 5-25 of this Act for time
24 spent in detention before the filing of the petition
25 alleging the violation. A minor shall not be
26 deprived of credit for time spent in detention
27 before the filing of a violation of probation or
28 conditional discharge alleging the same or related
29 act(s); or
30 (6) ordered partially or completely
31 emancipated in accordance with the provisions of the
32 Emancipation of Mature Minors Act; or.
33 (7) subject to having his or her driver's
34 license or driving privilege suspended until he or
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1 she attains 18 years of age.
2 (b) A minor found to be delinquent may be committed
3 to the Department of Corrections, Juvenile Division,
4 under Section 5-33 if the minor is 13 years of age or
5 older, provided that the commitment to the Department of
6 Corrections, Juvenile Division, shall be made only if a
7 term of incarceration is permitted by law for adults
8 found guilty of the offense for which the minor was
9 adjudicated delinquent. The time during which a minor is
10 in custody before being released upon the request of a
11 parent, guardian or custodian shall be considered as time
12 spent in detention.
13 (1.1) When a minor is found to be delinquent for an
14 offense which is a violation of the Illinois Controlled
15 Substances Act or the Cannabis Control Act and made a ward of
16 the court, the court may enter a disposition order requiring
17 the minor to undergo assessment, counseling or treatment in a
18 substance abuse program approved by the Department of
19 Alcoholism and Substance Abuse.
20 (2) Any order of disposition other than commitment to
21 the Department of Corrections, Juvenile Division, may provide
22 for protective supervision under Section 5-26 and may include
23 an order of protection under Section 5-27.
24 (3) Unless the order of disposition expressly so
25 provides, it does not operate to close proceedings on the
26 pending petition, but is subject to modification until final
27 closing and discharge of the proceedings under Section 5-34.
28 (4) In addition to any other order of disposition, the
29 court may order any minor found to be delinquent to make
30 restitution, in monetary or non-monetary form, under the
31 terms and conditions of Section 5-5-6 of the Unified Code of
32 Corrections, except that the "presentence hearing" referred
33 to therein shall be the dispositional hearing for purposes of
34 this Section. The parent, guardian or legal custodian of the
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1 minor may be ordered by the court to pay some or all of the
2 restitution on the minor's behalf, pursuant to the Parental
3 Responsibility Law, as now or hereafter amended. The State's
4 Attorney is authorized to act on behalf of any victim in
5 seeking restitution in proceedings under this Section, up to
6 the maximum amount allowed in Section 5 of the Parental
7 Responsibility Law.
8 (5) Any order for disposition where the minor is
9 committed or placed in accordance with Section 5-29 shall
10 provide for the parents or guardian of the estate of such
11 minor to pay to the legal custodian or guardian of the person
12 of the minor such sums as are determined by the custodian or
13 guardian of the person of the minor as necessary for the
14 minor's needs. Such payments may not exceed the maximum
15 amounts provided for by Section 9.1 of the Children and
16 Family Services Act.
17 (6) Whenever the order of disposition requires the minor
18 to attend school or participate in a program of training, the
19 truant officer or designated school official shall regularly
20 report to the court if the minor is a chronic or habitual
21 truant under Section 26-2a of the School Code.
22 (7) In no event shall a delinquent minor be committed
23 for a period of time in excess of that period for which an
24 adult could be committed for the same act.
25 (8) A minor found to be delinquent for reasons that
26 include a violation of Section 21-1.3 of the Criminal Code of
27 1961 shall be ordered to perform community service for not
28 less than 30 and not more than 120 hours, if community
29 service is available in the jurisdiction. The community
30 service shall include, but need not be limited to, the
31 cleanup and repair of the damage that was caused by the
32 violation or similar damage to property located in the
33 municipality or county in which the violation occurred. The
34 order may be in addition to any other order authorized by
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1 this Section.
2 (9) In addition to any other order of disposition, the
3 court shall order any minor found to be delinquent for an act
4 which would constitute criminal sexual assault, aggravated
5 criminal sexual abuse, or criminal sexual abuse if committed
6 by an adult to undergo medical testing to determine whether
7 the defendant has any sexually transmissible disease
8 including a test for infection with human immunodeficiency
9 virus (HIV) or any other identified causative agency of
10 acquired immunodeficiency syndrome (AIDS). Any medical test
11 shall be performed only by appropriately licensed medical
12 practitioners and may include an analysis of any bodily
13 fluids as well as an examination of the minor's person.
14 Except as otherwise provided by law, the results of the test
15 shall be kept strictly confidential by all medical personnel
16 involved in the testing and must be personally delivered in a
17 sealed envelope to the judge of the court in which the
18 disposition order was entered for the judge's inspection in
19 camera. Acting in accordance with the best interests of the
20 victim and the public, the judge shall have the discretion to
21 determine to whom the results of the testing may be revealed.
22 The court shall notify the minor of the results of the test
23 for infection with the human immunodeficiency virus (HIV).
24 The court shall also notify the victim if requested by the
25 victim, and if the victim is under the age of 15 and if
26 requested by the victim's parents or legal guardian, the
27 court shall notify the victim's parents or the legal guardian
28 of the results of the test for infection with the human
29 immunodeficiency virus (HIV). The court shall provide
30 information on the availability of HIV testing and counseling
31 at Department of Public Health facilities to all parties to
32 whom the results of the testing are revealed. The court
33 shall order that the cost of any test shall be paid by the
34 county and may be taxed as costs against the minor.
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1 (10) When a court finds a minor to be delinquent the
2 court shall, before making a disposition under this Section,
3 make a finding whether the offense committed either: (i) was
4 related to or in furtherance of the criminal activities of an
5 organized gang or was motivated by the minor's membership in
6 or allegiance to an organized gang, or (ii) involved a
7 violation of paragraph (13) of subsection (a) of the Criminal
8 Code of 1961, a violation of any Section of Article 24 of the
9 Criminal Code of 1961, or a violation of any statute that
10 involved the wrongful use of a firearm. If the court
11 determines the question in the affirmative, and the court
12 does not commit the minor to the Department of Corrections,
13 Juvenile Division, the court shall order the minor to perform
14 community service for not less than 30 hours nor more than
15 120 hours, provided that community service is available in
16 the jurisdiction and is funded and approved by the county
17 board of the county where the offense was committed. The
18 community service shall include, but need not be limited to,
19 the cleanup and repair of any damage caused by a violation of
20 Section 21-1.3 of the Criminal Code of 1961 and similar
21 damage to property located in the municipality or county in
22 which the violation occurred. When possible and reasonable,
23 the community service shall be performed in the minor's
24 neighborhood. This order shall be in addition to any other
25 order authorized by this Section except for an order to place
26 the minor in the custody of the Department of Corrections,
27 Juvenile Division. For the purposes of this Section,
28 "organized gang" has the meaning ascribed to it in Section 10
29 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
30 (Source: P.A. 88-45; 88-406; 88-460; 88-670, eff. 12-2-94;
31 88-678, eff. 7-1-95; 88-680 (Sections 45-905 and 50-4), eff.
32 1-1-95; 89-8, eff. 3-21-95; 89-21, eff. 7-1-95; 89-235, eff.
33 8-4-95; 89-302, eff. 8-11-95.)
34 (Text of Section taking effect July 1, 1997)
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1 Sec. 5-23. Kinds of dispositional orders.
2 (1) The following kinds of orders of disposition may be
3 made in respect of wards of the court:
4 (a) Except as provided in Section 5-33 and Section
5 5-35, a minor found to be a delinquent under Section 5-3
6 may be:
7 (1) put on probation or conditional discharge
8 and released to his or her parents, guardian or
9 legal custodian, provided, however, that any such
10 minor who is not committed to the Department of
11 Corrections, Juvenile Division under this subsection
12 and who is found to be a delinquent for an offense
13 which is first degree murder, a Class X felony, or a
14 forcible felony shall be placed on probation;
15 (2) placed in accordance with Section 5-29,
16 with or without also being put on probation or
17 conditional discharge;
18 (3) where authorized under the Alcoholism and
19 Other Drug Abuse and Dependency Act, ordered
20 admitted for treatment for drug addiction by the
21 Department of Human Services;
22 (4) committed to the Department of Children
23 and Family Services, but only if the delinquent
24 minor is under 13 years of age;
25 (5) placed in detention for a period not to
26 exceed 30 days, either as the exclusive order of
27 disposition or, where appropriate, in conjunction
28 with any other order of disposition issued under
29 this paragraph, provided that any such detention
30 shall be in a juvenile detention home and the minor
31 so detained shall be 10 years of age or older.
32 However, the 30-day limitation may be extended by
33 further order of the court for a minor under age 13
34 committed to the Department of Children and Family
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1 Services if the court finds that the minor is a
2 danger to himself or others. The minor shall be
3 given credit on the dispositional order of detention
4 for time spent in detention under Sections 5-10(2),
5 5-14(b)(2), 5-23(1)(b), or 5-25(2) of this Act as a
6 result of the offense for which the dispositional
7 order was imposed. The court may grant credit on a
8 dispositional order of detention entered under a
9 violation of probation or violation of conditional
10 discharge under Section 5-25 of this Act for time
11 spent in detention before the filing of the petition
12 alleging the violation. A minor shall not be
13 deprived of credit for time spent in detention
14 before the filing of a violation of probation or
15 conditional discharge alleging the same or related
16 act(s); or
17 (6) ordered partially or completely
18 emancipated in accordance with the provisions of the
19 Emancipation of Mature Minors Act; or.
20 (7) subject to having his or her driver's
21 license or driving privilege suspended until he or
22 she attains 18 years of age.
23 (b) A minor found to be delinquent may be committed
24 to the Department of Corrections, Juvenile Division,
25 under Section 5-33 if the minor is 13 years of age or
26 older, provided that the commitment to the Department of
27 Corrections, Juvenile Division, shall be made only if a
28 term of incarceration is permitted by law for adults
29 found guilty of the offense for which the minor was
30 adjudicated delinquent. The time during which a minor is
31 in custody before being released upon the request of a
32 parent, guardian or custodian shall be considered as time
33 spent in detention.
34 (1.1) When a minor is found to be delinquent for an
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1 offense which is a violation of the Illinois Controlled
2 Substances Act or the Cannabis Control Act and made a ward of
3 the court, the court may enter a disposition order requiring
4 the minor to undergo assessment, counseling or treatment in a
5 substance abuse program approved by the Department of Human
6 Services.
7 (2) Any order of disposition other than commitment to
8 the Department of Corrections, Juvenile Division, may provide
9 for protective supervision under Section 5-26 and may include
10 an order of protection under Section 5-27.
11 (3) Unless the order of disposition expressly so
12 provides, it does not operate to close proceedings on the
13 pending petition, but is subject to modification until final
14 closing and discharge of the proceedings under Section 5-34.
15 (4) In addition to any other order of disposition, the
16 court may order any minor found to be delinquent to make
17 restitution, in monetary or non-monetary form, under the
18 terms and conditions of Section 5-5-6 of the Unified Code of
19 Corrections, except that the "presentence hearing" referred
20 to therein shall be the dispositional hearing for purposes of
21 this Section. The parent, guardian or legal custodian of the
22 minor may be ordered by the court to pay some or all of the
23 restitution on the minor's behalf, pursuant to the Parental
24 Responsibility Law, as now or hereafter amended. The State's
25 Attorney is authorized to act on behalf of any victim in
26 seeking restitution in proceedings under this Section, up to
27 the maximum amount allowed in Section 5 of the Parental
28 Responsibility Law.
29 (5) Any order for disposition where the minor is
30 committed or placed in accordance with Section 5-29 shall
31 provide for the parents or guardian of the estate of such
32 minor to pay to the legal custodian or guardian of the person
33 of the minor such sums as are determined by the custodian or
34 guardian of the person of the minor as necessary for the
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1 minor's needs. Such payments may not exceed the maximum
2 amounts provided for by Section 9.1 of the Children and
3 Family Services Act.
4 (6) Whenever the order of disposition requires the minor
5 to attend school or participate in a program of training, the
6 truant officer or designated school official shall regularly
7 report to the court if the minor is a chronic or habitual
8 truant under Section 26-2a of the School Code.
9 (7) In no event shall a delinquent minor be committed
10 for a period of time in excess of that period for which an
11 adult could be committed for the same act.
12 (8) A minor found to be delinquent for reasons that
13 include a violation of Section 21-1.3 of the Criminal Code of
14 1961 shall be ordered to perform community service for not
15 less than 30 and not more than 120 hours, if community
16 service is available in the jurisdiction. The community
17 service shall include, but need not be limited to, the
18 cleanup and repair of the damage that was caused by the
19 violation or similar damage to property located in the
20 municipality or county in which the violation occurred. The
21 order may be in addition to any other order authorized by
22 this Section.
23 (9) In addition to any other order of disposition, the
24 court shall order any minor found to be delinquent for an act
25 which would constitute criminal sexual assault, aggravated
26 criminal sexual abuse, or criminal sexual abuse if committed
27 by an adult to undergo medical testing to determine whether
28 the defendant has any sexually transmissible disease
29 including a test for infection with human immunodeficiency
30 virus (HIV) or any other identified causative agency of
31 acquired immunodeficiency syndrome (AIDS). Any medical test
32 shall be performed only by appropriately licensed medical
33 practitioners and may include an analysis of any bodily
34 fluids as well as an examination of the minor's person.
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1 Except as otherwise provided by law, the results of the test
2 shall be kept strictly confidential by all medical personnel
3 involved in the testing and must be personally delivered in a
4 sealed envelope to the judge of the court in which the
5 disposition order was entered for the judge's inspection in
6 camera. Acting in accordance with the best interests of the
7 victim and the public, the judge shall have the discretion to
8 determine to whom the results of the testing may be revealed.
9 The court shall notify the minor of the results of the test
10 for infection with the human immunodeficiency virus (HIV).
11 The court shall also notify the victim if requested by the
12 victim, and if the victim is under the age of 15 and if
13 requested by the victim's parents or legal guardian, the
14 court shall notify the victim's parents or the legal guardian
15 of the results of the test for infection with the human
16 immunodeficiency virus (HIV). The court shall provide
17 information on the availability of HIV testing and counseling
18 at Department of Public Health facilities to all parties to
19 whom the results of the testing are revealed. The court
20 shall order that the cost of any test shall be paid by the
21 county and may be taxed as costs against the minor.
22 (10) When a court finds a minor to be delinquent the
23 court shall, before making a disposition under this Section,
24 make a finding whether the offense committed either: (i) was
25 related to or in furtherance of the criminal activities of an
26 organized gang or was motivated by the minor's membership in
27 or allegiance to an organized gang, or (ii) involved a
28 violation of paragraph (13) of subsection (a) of the Criminal
29 Code of 1961, a violation of any Section of Article 24 of the
30 Criminal Code of 1961, or a violation of any statute that
31 involved the wrongful use of a firearm. If the court
32 determines the question in the affirmative, and the court
33 does not commit the minor to the Department of Corrections,
34 Juvenile Division, the court shall order the minor to perform
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1 community service for not less than 30 hours nor more than
2 120 hours, provided that community service is available in
3 the jurisdiction and is funded and approved by the county
4 board of the county where the offense was committed. The
5 community service shall include, but need not be limited to,
6 the cleanup and repair of any damage caused by a violation of
7 Section 21-1.3 of the Criminal Code of 1961 and similar
8 damage to property located in the municipality or county in
9 which the violation occurred. When possible and reasonable,
10 the community service shall be performed in the minor's
11 neighborhood. This order shall be in addition to any other
12 order authorized by this Section except for an order to place
13 the minor in the custody of the Department of Corrections,
14 Juvenile Division. For the purposes of this Section,
15 "organized gang" has the meaning ascribed to it in Section 10
16 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
17 (Source: P.A. 88-45; 88-406; 88-460; 88-670, eff. 12-2-94;
18 88-678, eff. 7-1-95; 88-680 (Sections 45-905 and 50-4), eff.
19 1-1-95; 89-8, eff. 3-21-95; 89-21, eff. 7-1-95; 89-235, eff.
20 8-4-95; 89-302, eff. 8-11-95; 89-507, eff. 7-1-97.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.