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90_HB0287eng
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.
LRB9002490WHmg
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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 for a period of time as determined by the court but only
15 until he or she attains 18 years of age. It shall be the
16 duty of the clerk of the court in which adjudication is had
17 within 10 days thereafter to forward to the Secretary of
18 State a report of the adjudication and the court order
19 requiring the Secretary of State to suspend the minor's
20 driver's license and driving privilege for the period of time
21 as determined by the court but only until he or she attains
22 the age of 18 years. All juvenile court dispositions
23 reported to the Secretary of State under this provision shall
24 be processed by the Secretary of State as if the cases had
25 been adjudicated in traffic or criminal court. However,
26 information reported relative to the offense of reckless
27 homicide, or Section 11-501 of this Code, or a similar
28 provision of a local ordinance, shall be privileged and
29 available only to the Secretary of State, courts, and police
30 officers.
31 3. Whenever an order is entered vacating the
32 forfeiture of any bail, security or bond given to secure
33 appearance for any offense under this Code or similar
34 offenses under municipal ordinance, it shall be the duty
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1 of the clerk of the court in which such vacation was had
2 or the judge of such court if such court has no clerk,
3 within 10 days thereafter to forward to the Secretary of
4 State a report of the vacation.
5 4. A report of any disposition of court supervision
6 for a violation of Sections 6-303, 11-401, 11-501 or a
7 similar provision of a local ordinance, 11-503 and 11-504
8 shall be forwarded to the Secretary of State.
9 5. Reports of conviction and adjudications under
10 the Juvenile Court Act of 1987 in a computer processible
11 medium shall be forwarded to the Secretary of State via
12 the Supreme Court in the form and format required by the
13 Illinois Supreme Court and established by a written
14 agreement between the Supreme Court and the Secretary of
15 State. In counties with a population over 300,000,
16 instead of forwarding reports to the Supreme Court,
17 reports of conviction and adjudications under the
18 Juvenile Court Act of 1987 in a computer processible
19 medium may be forwarded to the Secretary of State by the
20 Circuit Court Clerk in a form and format required by the
21 Secretary of State and established by written agreement
22 between the Circuit Court Clerk and the Secretary of
23 State. Failure to forward the reports of conviction or
24 adjudications under the Juvenile Court Act of 1987 as
25 required by this Section shall be deemed an omission of
26 duty and it shall be the duty of the several State's
27 Attorneys to enforce the requirements of this Section.
28 (b) Whenever a restricted driving permit is forwarded to
29 a court, as a result of confiscation by a police officer
30 pursuant to the authority in Section 6-113(f), it shall be
31 the duty of the clerk, or judge, if the court has no clerk,
32 to forward such restricted driving permit and a facsimile of
33 the officer's citation to the Secretary of State as
34 expeditiously as practicable.
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1 (c) For the purposes of this Code, a forfeiture of bail
2 or collateral deposited to secure a defendant's appearance in
3 court when forfeiture has not been vacated, or the failure of
4 a defendant to appear for trial after depositing his driver's
5 license in lieu of other bail, shall be equivalent to a
6 conviction.
7 (d) For the purpose of providing the Secretary of State
8 with records necessary to properly monitor and assess driver
9 performance and assist the courts in the proper disposition
10 of repeat traffic law offenders, the clerk of the court shall
11 forward to the Secretary of State, on a form prescribed by
12 the Secretary, records of driver's participation in a driver
13 remedial or rehabilitative program which was required,
14 through a court order or court supervision, in relation to
15 the driver's arrest for a violation of Section 11-501 of this
16 Code or a similar provision of a local ordinance. Such
17 reports shall be sent within 10 days after the driver's
18 referral to such driver remedial or rehabilitative program.
19 Such reports, including those required to be forwarded under
20 subsection 4 of paragraph (a), shall be recorded to the
21 driver's file, but shall not be released to any outside
22 source, except the affected driver, and shall be used only to
23 assist in assessing driver performance and for the purpose of
24 informing the courts that such driver has been previously
25 assigned court supervision or referred to a driver's remedial
26 or rehabilitative program.
27 (Source: P.A. 88-415.)
28 (625 ILCS 5/6-205.1 new)
29 Sec. 6-205.1. Suspension of driver's licenses of certain
30 minors. Whenever a person is adjudicated under the Juvenile
31 Court Act of 1987 as a truant minor in need of supervision, a
32 minor requiring authoritative intervention, an addicted
33 minor, or a delinquent minor and the court orders that the
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1 minor's driver's license or privilege to drive a motor
2 vehicle be suspended for a period of time as determined by
3 the court but only until the minor attains 18 years of age,
4 the Secretary of State shall suspend the driving privileges
5 of that person for the period of time as determined by the
6 court but only until that person attains the age of 18 years.
7 Section 10. The Juvenile Court Act of 1987 is amended by
8 changing Sections 3-24, 3-33, 4-21, and 5-23 as follows:
9 (705 ILCS 405/3-24) (from Ch. 37, par. 803-24)
10 Sec. 3-24. Kinds of dispositional orders.
11 (1) The following kinds of orders of disposition may be
12 made in respect to wards of the court: A minor found to be
13 requiring authoritative intervention under Section 3-3 may be
14 (a) committed to the Department of Children and Family
15 Services, subject to Section 5 of the Children and Family
16 Services Act; (b) placed under supervision and released to
17 his or her parents, guardian or legal custodian; (c) placed
18 in accordance with Section 3-28 with or without also being
19 placed under supervision. Conditions of supervision may be
20 modified or terminated by the court if it deems that the best
21 interests of the minor and the public will be served thereby;
22 or (d) ordered partially or completely emancipated in
23 accordance with the provisions of the Emancipation of Mature
24 Minors Act; or (e) subject to having his or her driver's
25 license or driving privilege suspended for a period of time
26 as determined by the court but only until he or she attains
27 18 years of age.
28 (2) Any order of disposition may provide for protective
29 supervision under Section 3-25 and may include an order of
30 protection under Section 3-26.
31 (3) Unless the order of disposition expressly so
32 provides, it does not operate to close proceedings on the
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1 pending petition, but is subject to modification until final
2 closing and discharge of the proceedings under Section 3-32.
3 (4) In addition to any other order of disposition, the
4 court may order any person found to be a minor requiring
5 authoritative intervention under Section 3-3 to make
6 restitution, in monetary or non-monetary form, under the
7 terms and conditions of Section 5-5-6 of the Unified Code of
8 Corrections, except that the "presentence hearing" referred
9 to therein shall be the dispositional hearing for purposes of
10 this Section. The parent, guardian or legal custodian of
11 the minor may pay some or all of such restitution on the
12 minor's behalf.
13 (5) Any order for disposition where the minor is
14 committed or placed in accordance with Section 3-28 shall
15 provide for the parents or guardian of the estate of such
16 minor to pay to the legal custodian or guardian of the person
17 of the minor such sums as are determined by the custodian or
18 guardian of the person of the minor as necessary for the
19 minor's needs. Such payments may not exceed the maximum
20 amounts provided for by Section 9.1 of the Children and
21 Family Services Act.
22 (6) Whenever the order of disposition requires the minor
23 to attend school or participate in a program of training, the
24 truant officer or designated school official shall regularly
25 report to the court if the minor is a chronic or habitual
26 truant under Section 26-2a of the School Code.
27 (Source: P.A. 89-235, eff. 8-4-95.)
28 (705 ILCS 405/3-33) (from Ch. 37, par. 803-33)
29 Sec. 3-33. Truant Minor in Need of Supervision. (a)
30 Definition. Any minor who is reported by a regional
31 superintendent of schools, in a county of less than 2,000,000
32 inhabitants, as a chronic truant (i) to whom prevention,
33 diagnostic, intervention and remedial services and
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1 alternative programs and other school and community resources
2 have been provided and have failed to result in the cessation
3 of chronic truancy, or (ii) to whom such services, programs
4 and resources have been offered and have been refused, shall
5 be adjudged a truant minor in need of supervision.
6 (b) Kinds of dispositional orders. A minor found to be
7 a truant minor in need of supervision may be:
8 (1) committed to the appropriate regional
9 superintendent of schools for a multi-disciplinary case
10 staffing, individualized educational plan or service plan, or
11 referral to comprehensive community-based youth services;
12 (2) required to comply with an individualized
13 educational plan or service plan as specifically provided by
14 the appropriate regional superintendent of schools;
15 (3) ordered to obtain counseling or other supportive
16 services;
17 (4) subject to a fine in an amount in excess of $5, but
18 not exceeding $100, and each day of absence without valid
19 cause as defined in Section 26-2a of The School Code is a
20 separate offense;
21 (5) required to perform some reasonable public service
22 work such as, but not limited to, the picking up of litter in
23 public parks or along public highways or the maintenance of
24 public facilities; or
25 (6) subject to having his or her driver's license or
26 driving privilege suspended for a period of time as
27 determined by the court but only until he or she attains 18
28 years of age.
29 (Source: P.A. 85-1235.)
30 (705 ILCS 405/4-21) (from Ch. 37, par. 804-21)
31 Sec. 4-21. Kinds of dispositional orders.
32 (1) A minor found to be addicted under Section 4-3 may
33 be (a) committed to the Department of Children and Family
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1 Services, subject to Section 5 of the Children and Family
2 Services Act; (b) placed under supervision and released to
3 his or her parents, guardian or legal custodian; (c) placed
4 in accordance with Section 4-25 with or without also being
5 placed under supervision. Conditions of supervision may be
6 modified or terminated by the court if it deems that the best
7 interests of the minor and the public will be served thereby;
8 (d) required to attend an approved alcohol or drug abuse
9 treatment or counseling program on an inpatient or outpatient
10 basis instead of or in addition to the disposition otherwise
11 provided for in this paragraph; or (e) ordered partially or
12 completely emancipated in accordance with the provisions of
13 the Emancipation of Mature Minors Act; or (f) subject to
14 having his or her driver's license or driving privilege
15 suspended for a period of time as determined by the court but
16 only until he or she attains 18 years of age. No disposition
17 under this subsection shall provide for the minor's placement
18 in a secure facility.
19 (2) Any order of disposition may provide for protective
20 supervision under Section 4-22 and may include an order of
21 protection under Section 4-23.
22 (3) Unless the order of disposition expressly so
23 provides, it does not operate to close proceedings on the
24 pending petition, but is subject to modification until final
25 closing and discharge of the proceedings under Section 4-29.
26 (4) In addition to any other order of disposition, the
27 court may order any minor found to be addicted under this
28 Article as neglected with respect to his or her own injurious
29 behavior, to make restitution, in monetary or non-monetary
30 form, under the terms and conditions of Section 5-5-6 of the
31 Unified Code of Corrections, except that the "presentence
32 hearing" referred to therein shall be the dispositional
33 hearing for purposes of this Section. The parent, guardian
34 or legal custodian of the minor may pay some or all of such
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1 restitution on the minor's behalf.
2 (5) Any order for disposition where the minor is placed
3 in accordance with Section 4-25 shall provide for the parents
4 or guardian of the estate of such minor to pay to the legal
5 custodian or guardian of the person of the minor such sums as
6 are determined by the custodian or guardian of the person of
7 the minor as necessary for the minor's needs. Such payments
8 may not exceed the maximum amounts provided for by Section
9 9.1 of the Children and Family Services Act.
10 (6) Whenever the order of disposition requires the minor
11 to attend school or participate in a program of training, the
12 truant officer or designated school official shall regularly
13 report to the court if the minor is a chronic or habitual
14 truant under Section 26-2a of the School Code.
15 (Source: P.A. 89-202, eff. 7-21-95; 89-235, eff. 8-4-95;
16 89-626, eff. 8-9-96.)
17 (705 ILCS 405/5-23) (from Ch. 37, par. 805-23)
18 (Text of Section in effect until July 1, 1997)
19 Sec. 5-23. Kinds of dispositional orders.
20 (1) The following kinds of orders of disposition may be
21 made in respect of wards of the court:
22 (a) Except as provided in Section 5-33 and Section
23 5-35, a minor found to be a delinquent under Section 5-3
24 may be:
25 (1) put on probation or conditional discharge
26 and released to his or her parents, guardian or
27 legal custodian, provided, however, that any such
28 minor who is not committed to the Department of
29 Corrections, Juvenile Division under this subsection
30 and who is found to be a delinquent for an offense
31 which is first degree murder, a Class X felony, or a
32 forcible felony shall be placed on probation;
33 (2) placed in accordance with Section 5-29,
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1 with or without also being put on probation or
2 conditional discharge;
3 (3) where authorized under the Alcoholism and
4 Other Drug Abuse and Dependency Act, ordered
5 admitted for treatment for drug addiction by the
6 Illinois Department of Alcoholism and Substance
7 Abuse;
8 (4) committed to the Department of Children
9 and Family Services, but only if the delinquent
10 minor is under 13 years of age;
11 (5) placed in detention for a period not to
12 exceed 30 days, either as the exclusive order of
13 disposition or, where appropriate, in conjunction
14 with any other order of disposition issued under
15 this paragraph, provided that any such detention
16 shall be in a juvenile detention home and the minor
17 so detained shall be 10 years of age or older.
18 However, the 30-day limitation may be extended by
19 further order of the court for a minor under age 13
20 committed to the Department of Children and Family
21 Services if the court finds that the minor is a
22 danger to himself or others. The minor shall be
23 given credit on the dispositional order of detention
24 for time spent in detention under Sections 5-10(2),
25 5-14(b)(2), 5-23(1)(b), or 5-25(2) of this Act as a
26 result of the offense for which the dispositional
27 order was imposed. The court may grant credit on a
28 dispositional order of detention entered under a
29 violation of probation or violation of conditional
30 discharge under Section 5-25 of this Act for time
31 spent in detention before the filing of the petition
32 alleging the violation. A minor shall not be
33 deprived of credit for time spent in detention
34 before the filing of a violation of probation or
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1 conditional discharge alleging the same or related
2 act(s); or
3 (6) ordered partially or completely
4 emancipated in accordance with the provisions of the
5 Emancipation of Mature Minors Act; or.
6 (7) subject to having his or her driver's
7 license or driving privilege suspended for a period
8 of time as determined by the court but only until he
9 or she attains 18 years of age.
10 (b) A minor found to be delinquent may be committed
11 to the Department of Corrections, Juvenile Division,
12 under Section 5-33 if the minor is 13 years of age or
13 older, provided that the commitment to the Department of
14 Corrections, Juvenile Division, shall be made only if a
15 term of incarceration is permitted by law for adults
16 found guilty of the offense for which the minor was
17 adjudicated delinquent. The time during which a minor is
18 in custody before being released upon the request of a
19 parent, guardian or custodian shall be considered as time
20 spent in detention.
21 (1.1) When a minor is found to be delinquent for an
22 offense which is a violation of the Illinois Controlled
23 Substances Act or the Cannabis Control Act and made a ward of
24 the court, the court may enter a disposition order requiring
25 the minor to undergo assessment, counseling or treatment in a
26 substance abuse program approved by the Department of
27 Alcoholism and Substance Abuse.
28 (2) Any order of disposition other than commitment to
29 the Department of Corrections, Juvenile Division, may provide
30 for protective supervision under Section 5-26 and may include
31 an order of protection under Section 5-27.
32 (3) Unless the order of disposition expressly so
33 provides, it does not operate to close proceedings on the
34 pending petition, but is subject to modification until final
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1 closing and discharge of the proceedings under Section 5-34.
2 (4) In addition to any other order of disposition, the
3 court may order any minor found to be delinquent to make
4 restitution, in monetary or non-monetary form, under the
5 terms and conditions of Section 5-5-6 of the Unified Code of
6 Corrections, except that the "presentence hearing" referred
7 to therein shall be the dispositional hearing for purposes of
8 this Section. The parent, guardian or legal custodian of the
9 minor may be ordered by the court to pay some or all of the
10 restitution on the minor's behalf, pursuant to the Parental
11 Responsibility Law, as now or hereafter amended. The State's
12 Attorney is authorized to act on behalf of any victim in
13 seeking restitution in proceedings under this Section, up to
14 the maximum amount allowed in Section 5 of the Parental
15 Responsibility Law.
16 (5) Any order for disposition where the minor is
17 committed or placed in accordance with Section 5-29 shall
18 provide for the parents or guardian of the estate of such
19 minor to pay to the legal custodian or guardian of the person
20 of the minor such sums as are determined by the custodian or
21 guardian of the person of the minor as necessary for the
22 minor's needs. Such payments may not exceed the maximum
23 amounts provided for by Section 9.1 of the Children and
24 Family Services Act.
25 (6) Whenever the order of disposition requires the minor
26 to attend school or participate in a program of training, the
27 truant officer or designated school official shall regularly
28 report to the court if the minor is a chronic or habitual
29 truant under Section 26-2a of the School Code.
30 (7) In no event shall a delinquent minor be committed
31 for a period of time in excess of that period for which an
32 adult could be committed for the same act.
33 (8) A minor found to be delinquent for reasons that
34 include a violation of Section 21-1.3 of the Criminal Code of
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1 1961 shall be ordered to perform community service for not
2 less than 30 and not more than 120 hours, if community
3 service is available in the jurisdiction. The community
4 service shall include, but need not be limited to, the
5 cleanup and repair of the damage that was caused by the
6 violation or similar damage to property located in the
7 municipality or county in which the violation occurred. The
8 order may be in addition to any other order authorized by
9 this Section.
10 (9) In addition to any other order of disposition, the
11 court shall order any minor found to be delinquent for an act
12 which would constitute criminal sexual assault, aggravated
13 criminal sexual abuse, or criminal sexual abuse if committed
14 by an adult to undergo medical testing to determine whether
15 the defendant has any sexually transmissible disease
16 including a test for infection with human immunodeficiency
17 virus (HIV) or any other identified causative agency of
18 acquired immunodeficiency syndrome (AIDS). Any medical test
19 shall be performed only by appropriately licensed medical
20 practitioners and may include an analysis of any bodily
21 fluids as well as an examination of the minor's person.
22 Except as otherwise provided by law, the results of the test
23 shall be kept strictly confidential by all medical personnel
24 involved in the testing and must be personally delivered in a
25 sealed envelope to the judge of the court in which the
26 disposition order was entered for the judge's inspection in
27 camera. Acting in accordance with the best interests of the
28 victim and the public, the judge shall have the discretion to
29 determine to whom the results of the testing may be revealed.
30 The court shall notify the minor of the results of the test
31 for infection with the human immunodeficiency virus (HIV).
32 The court shall also notify the victim if requested by the
33 victim, and if the victim is under the age of 15 and if
34 requested by the victim's parents or legal guardian, the
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1 court shall notify the victim's parents or the legal guardian
2 of the results of the test for infection with the human
3 immunodeficiency virus (HIV). The court shall provide
4 information on the availability of HIV testing and counseling
5 at Department of Public Health facilities to all parties to
6 whom the results of the testing are revealed. The court
7 shall order that the cost of any test shall be paid by the
8 county and may be taxed as costs against the minor.
9 (10) When a court finds a minor to be delinquent the
10 court shall, before making a disposition under this Section,
11 make a finding whether the offense committed either: (i) was
12 related to or in furtherance of the criminal activities of an
13 organized gang or was motivated by the minor's membership in
14 or allegiance to an organized gang, or (ii) involved a
15 violation of paragraph (13) of subsection (a) of the Criminal
16 Code of 1961, a violation of any Section of Article 24 of the
17 Criminal Code of 1961, or a violation of any statute that
18 involved the wrongful use of a firearm. If the court
19 determines the question in the affirmative, and the court
20 does not commit the minor to the Department of Corrections,
21 Juvenile Division, the court shall order the minor to perform
22 community service for not less than 30 hours nor more than
23 120 hours, provided that community service is available in
24 the jurisdiction and is funded and approved by the county
25 board of the county where the offense was committed. The
26 community service shall include, but need not be limited to,
27 the cleanup and repair of any damage caused by a violation of
28 Section 21-1.3 of the Criminal Code of 1961 and similar
29 damage to property located in the municipality or county in
30 which the violation occurred. When possible and reasonable,
31 the community service shall be performed in the minor's
32 neighborhood. This order shall be in addition to any other
33 order authorized by this Section except for an order to place
34 the minor in the custody of the Department of Corrections,
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1 Juvenile Division. For the purposes of this Section,
2 "organized gang" has the meaning ascribed to it in Section 10
3 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
4 (Source: P.A. 88-45; 88-406; 88-460; 88-670, eff. 12-2-94;
5 88-678, eff. 7-1-95; 88-680 (Sections 45-905 and 50-4), eff.
6 1-1-95; 89-8, eff. 3-21-95; 89-21, eff. 7-1-95; 89-235, eff.
7 8-4-95; 89-302, eff. 8-11-95.)
8 (Text of Section taking effect July 1, 1997)
9 Sec. 5-23. Kinds of dispositional orders.
10 (1) The following kinds of orders of disposition may be
11 made in respect of wards of the court:
12 (a) Except as provided in Section 5-33 and Section
13 5-35, a minor found to be a delinquent under Section 5-3
14 may be:
15 (1) put on probation or conditional discharge
16 and released to his or her parents, guardian or
17 legal custodian, provided, however, that any such
18 minor who is not committed to the Department of
19 Corrections, Juvenile Division under this subsection
20 and who is found to be a delinquent for an offense
21 which is first degree murder, a Class X felony, or a
22 forcible felony shall be placed on probation;
23 (2) placed in accordance with Section 5-29,
24 with or without also being put on probation or
25 conditional discharge;
26 (3) where authorized under the Alcoholism and
27 Other Drug Abuse and Dependency Act, ordered
28 admitted for treatment for drug addiction by the
29 Department of Human Services;
30 (4) committed to the Department of Children
31 and Family Services, but only if the delinquent
32 minor is under 13 years of age;
33 (5) placed in detention for a period not to
34 exceed 30 days, either as the exclusive order of
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1 disposition or, where appropriate, in conjunction
2 with any other order of disposition issued under
3 this paragraph, provided that any such detention
4 shall be in a juvenile detention home and the minor
5 so detained shall be 10 years of age or older.
6 However, the 30-day limitation may be extended by
7 further order of the court for a minor under age 13
8 committed to the Department of Children and Family
9 Services if the court finds that the minor is a
10 danger to himself or others. The minor shall be
11 given credit on the dispositional order of detention
12 for time spent in detention under Sections 5-10(2),
13 5-14(b)(2), 5-23(1)(b), or 5-25(2) of this Act as a
14 result of the offense for which the dispositional
15 order was imposed. The court may grant credit on a
16 dispositional order of detention entered under a
17 violation of probation or violation of conditional
18 discharge under Section 5-25 of this Act for time
19 spent in detention before the filing of the petition
20 alleging the violation. A minor shall not be
21 deprived of credit for time spent in detention
22 before the filing of a violation of probation or
23 conditional discharge alleging the same or related
24 act(s); or
25 (6) ordered partially or completely
26 emancipated in accordance with the provisions of the
27 Emancipation of Mature Minors Act; or.
28 (7) subject to having his or her driver's
29 license or driving privilege suspended for a period
30 of time as determined by the court but only until he
31 or she attains 18 years of age.
32 (b) A minor found to be delinquent may be committed
33 to the Department of Corrections, Juvenile Division,
34 under Section 5-33 if the minor is 13 years of age or
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1 older, provided that the commitment to the Department of
2 Corrections, Juvenile Division, shall be made only if a
3 term of incarceration is permitted by law for adults
4 found guilty of the offense for which the minor was
5 adjudicated delinquent. The time during which a minor is
6 in custody before being released upon the request of a
7 parent, guardian or custodian shall be considered as time
8 spent in detention.
9 (1.1) When a minor is found to be delinquent for an
10 offense which is a violation of the Illinois Controlled
11 Substances Act or the Cannabis Control Act and made a ward of
12 the court, the court may enter a disposition order requiring
13 the minor to undergo assessment, counseling or treatment in a
14 substance abuse program approved by the Department of Human
15 Services.
16 (2) Any order of disposition other than commitment to
17 the Department of Corrections, Juvenile Division, may provide
18 for protective supervision under Section 5-26 and may include
19 an order of protection under Section 5-27.
20 (3) Unless the order of disposition expressly so
21 provides, it does not operate to close proceedings on the
22 pending petition, but is subject to modification until final
23 closing and discharge of the proceedings under Section 5-34.
24 (4) In addition to any other order of disposition, the
25 court may order any minor found to be delinquent to make
26 restitution, in monetary or non-monetary form, under the
27 terms and conditions of Section 5-5-6 of the Unified Code of
28 Corrections, except that the "presentence hearing" referred
29 to therein shall be the dispositional hearing for purposes of
30 this Section. The parent, guardian or legal custodian of the
31 minor may be ordered by the court to pay some or all of the
32 restitution on the minor's behalf, pursuant to the Parental
33 Responsibility Law, as now or hereafter amended. The State's
34 Attorney is authorized to act on behalf of any victim in
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1 seeking restitution in proceedings under this Section, up to
2 the maximum amount allowed in Section 5 of the Parental
3 Responsibility Law.
4 (5) Any order for disposition where the minor is
5 committed or placed in accordance with Section 5-29 shall
6 provide for the parents or guardian of the estate of such
7 minor to pay to the legal custodian or guardian of the person
8 of the minor such sums as are determined by the custodian or
9 guardian of the person of the minor as necessary for the
10 minor's needs. Such payments may not exceed the maximum
11 amounts provided for by Section 9.1 of the Children and
12 Family Services Act.
13 (6) Whenever the order of disposition requires the minor
14 to attend school or participate in a program of training, the
15 truant officer or designated school official shall regularly
16 report to the court if the minor is a chronic or habitual
17 truant under Section 26-2a of the School Code.
18 (7) In no event shall a delinquent minor be committed
19 for a period of time in excess of that period for which an
20 adult could be committed for the same act.
21 (8) A minor found to be delinquent for reasons that
22 include a violation of Section 21-1.3 of the Criminal Code of
23 1961 shall be ordered to perform community service for not
24 less than 30 and not more than 120 hours, if community
25 service is available in the jurisdiction. The community
26 service shall include, but need not be limited to, the
27 cleanup and repair of the damage that was caused by the
28 violation or similar damage to property located in the
29 municipality or county in which the violation occurred. The
30 order may be in addition to any other order authorized by
31 this Section.
32 (9) In addition to any other order of disposition, the
33 court shall order any minor found to be delinquent for an act
34 which would constitute criminal sexual assault, aggravated
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1 criminal sexual abuse, or criminal sexual abuse if committed
2 by an adult to undergo medical testing to determine whether
3 the defendant has any sexually transmissible disease
4 including a test for infection with human immunodeficiency
5 virus (HIV) or any other identified causative agency of
6 acquired immunodeficiency syndrome (AIDS). Any medical test
7 shall be performed only by appropriately licensed medical
8 practitioners and may include an analysis of any bodily
9 fluids as well as an examination of the minor's person.
10 Except as otherwise provided by law, the results of the test
11 shall be kept strictly confidential by all medical personnel
12 involved in the testing and must be personally delivered in a
13 sealed envelope to the judge of the court in which the
14 disposition order was entered for the judge's inspection in
15 camera. Acting in accordance with the best interests of the
16 victim and the public, the judge shall have the discretion to
17 determine to whom the results of the testing may be revealed.
18 The court shall notify the minor of the results of the test
19 for infection with the human immunodeficiency virus (HIV).
20 The court shall also notify the victim if requested by the
21 victim, and if the victim is under the age of 15 and if
22 requested by the victim's parents or legal guardian, the
23 court shall notify the victim's parents or the legal guardian
24 of the results of the test for infection with the human
25 immunodeficiency virus (HIV). The court shall provide
26 information on the availability of HIV testing and counseling
27 at Department of Public Health facilities to all parties to
28 whom the results of the testing are revealed. The court
29 shall order that the cost of any test shall be paid by the
30 county and may be taxed as costs against the minor.
31 (10) When a court finds a minor to be delinquent the
32 court shall, before making a disposition under this Section,
33 make a finding whether the offense committed either: (i) was
34 related to or in furtherance of the criminal activities of an
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1 organized gang or was motivated by the minor's membership in
2 or allegiance to an organized gang, or (ii) involved a
3 violation of paragraph (13) of subsection (a) of the Criminal
4 Code of 1961, a violation of any Section of Article 24 of the
5 Criminal Code of 1961, or a violation of any statute that
6 involved the wrongful use of a firearm. If the court
7 determines the question in the affirmative, and the court
8 does not commit the minor to the Department of Corrections,
9 Juvenile Division, the court shall order the minor to perform
10 community service for not less than 30 hours nor more than
11 120 hours, provided that community service is available in
12 the jurisdiction and is funded and approved by the county
13 board of the county where the offense was committed. The
14 community service shall include, but need not be limited to,
15 the cleanup and repair of any damage caused by a violation of
16 Section 21-1.3 of the Criminal Code of 1961 and similar
17 damage to property located in the municipality or county in
18 which the violation occurred. When possible and reasonable,
19 the community service shall be performed in the minor's
20 neighborhood. This order shall be in addition to any other
21 order authorized by this Section except for an order to place
22 the minor in the custody of the Department of Corrections,
23 Juvenile Division. For the purposes of this Section,
24 "organized gang" has the meaning ascribed to it in Section 10
25 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
26 (Source: P.A. 88-45; 88-406; 88-460; 88-670, eff. 12-2-94;
27 88-678, eff. 7-1-95; 88-680 (Sections 45-905 and 50-4), eff.
28 1-1-95; 89-8, eff. 3-21-95; 89-21, eff. 7-1-95; 89-235, eff.
29 8-4-95; 89-302, eff. 8-11-95; 89-507, eff. 7-1-97.)
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.