Illinois General Assembly - Full Text of Public Act 096-1087
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Public Act 096-1087




Public Act 096-1087
HB4583 EnrolledLRB096 13244 RLC 27910 b

    AN ACT concerning criminal law.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Juvenile Court Act of 1987 is amended by
changing Sections 3-1, 3-7, and 3-15 and by adding Section 3-40
as follows:
    (705 ILCS 405/3-1)  (from Ch. 37, par. 803-1)
    Sec. 3-1. Jurisdictional facts. Proceedings may be
instituted under this Article concerning boys and girls who
require authoritative intervention as defined in Section 3-3,
or who are truant minors in need of supervision as defined in
Section 3-33.5, or who are minors involved in electronic
dissemination of indecent visual depictions in need of
supervision as defined in Section 3-40.
(Source: P.A. 94-1011, eff. 7-7-06.)
    (705 ILCS 405/3-7)  (from Ch. 37, par. 803-7)
    Sec. 3-7. Taking into temporary custody.
    (1) A law enforcement officer may, without a warrant, take
into temporary custody a minor (a) whom the officer with
reasonable cause believes to be a minor requiring authoritative
intervention; (b) who has been adjudged a ward of the court and
has escaped from any commitment ordered by the court under this
Act; or (c) who is found in any street or public place
suffering from any sickness or injury which requires care,
medical treatment or hospitalization; or (d) whom the officer
with reasonable cause believes to be a minor in need of
supervision under Section 3-40.
    (2) Whenever a petition has been filed under Section 3-15
and the court finds that the conduct and behavior of the minor
may endanger the health, person, welfare, or property of
himself or others or that the circumstances of his home
environment may endanger his health, person, welfare or
property, a warrant may be issued immediately to take the minor
into custody.
    (3) The taking of a minor into temporary custody under this
Section is not an arrest nor does it constitute a police
    (4) No minor taken into temporary custody shall be placed
in a jail, municipal lockup, detention center, or secure
correctional facility.
(Source: P.A. 87-1154.)
    (705 ILCS 405/3-15)  (from Ch. 37, par. 803-15)
    Sec. 3-15. Petition; supplemental petitions.
    (1) Any adult person, any agency or association by its
representative may file, or the court on its own motion may
direct the filing through the State's Attorney of a petition in
respect to a minor under this Act. The petition and all
subsequent court documents shall be entitled "In the interest
of ...., a minor".
    (2) The petition shall be verified but the statements may
be made upon information and belief. It shall allege that the
minor requires authoritative intervention or supervision and
set forth (a) facts sufficient to bring the minor under Section
3-3, or 3-33.5, or 3-40; (b) the name, age and residence of the
minor; (c) the names and residences of his parents; (d) the
name and residence of his legal guardian or the person or
persons having custody or control of the minor, or of the
nearest known relative if no parent or guardian can be found;
and (e) if the minor upon whose behalf the petition is brought
is sheltered in custody, the date on which shelter care was
ordered by the court or the date set for a shelter care
hearing. If any of the facts herein required are not known by
the petitioner, the petition shall so state.
    (3) The petition must allege that it is in the best
interests of the minor and of the public that he be adjudged a
ward of the court and may pray generally for relief available
under this Act. The petition need not specify any proposed
disposition following adjudication of wardship.
    (4) If appointment of a guardian of the person with power
to consent to adoption of the minor under Section 3-30 is
sought, the petition shall so state.
    (5) At any time before dismissal of the petition or before
final closing and discharge under Section 3-32, one or more
supplemental petitions may be filed in respect to the same
(Source: P.A. 94-1011, eff. 7-7-06.)
    (705 ILCS 405/3-40 new)
    Sec. 3-40. Minors involved in electronic dissemination of
indecent visual depictions in need of supervision.
    (a) For the purposes of this Section:
    "Computer" has the meaning ascribed to it in Section 16D-2
of the Criminal Code of 1961.
    "Electronic communication device" means an electronic
device, including but not limited to a wireless telephone,
personal digital assistant, or a portable or mobile computer,
that is capable of transmitting images or pictures.
    "Indecent visual depiction" means a depiction or portrayal
in any pose, posture, or setting involving a lewd exhibition of
the unclothed or transparently clothed genitals, pubic area,
buttocks, or, if such person is female, a fully or partially
developed breast of the person.
    "Minor" means a person under 18 years of age.
    (b) A minor shall not distribute or disseminate an indecent
visual depiction of another minor through the use of a computer
or electronic communication device.
    (c) Adjudication. A minor who violates subsection (b) of
this Section may be subject to a petition for adjudication and
adjudged a minor in need of supervision.
    (d) Kinds of dispositional orders. A minor found to be in
need of supervision under this Section may be:
        (1) ordered to obtain counseling or other supportive
    services to address the acts that led to the need for
    supervision; or
        (2) ordered to perform community service.
    (e) Nothing in this Section shall be construed to prohibit
a prosecution for disorderly conduct, public indecency, child
pornography, a violation of the Harassing and Obscene
Communications Act, or any other applicable provision of law.

Effective Date: 1/1/2011