Illinois 2023-2024 Regular Session

Illinois House Bill HB2889 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	HB2889 EngrossedLRB103 26130 RLC 52486 b HB2889 Engrossed LRB103 26130 RLC 52486 b
2		-	HB2889 Engrossed LRB103 26130 RLC 52486 b
	1	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2889 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 705 ILCS 405/5-601 705 ILCS 405/5-602 new Amends the Juvenile Court Act of 1987. Provides that if the minor has multiple delinquency petitions filed against him or her, remaining petitions pending against the minor respondent shall be adjudicated within 120 (rather than 160) days from the date on which a finding relative to the first petition prosecuted is rendered. Restructures the provisions concerning alleged delinquent minors and pretrial detention of alleged delinquent minors. LRB103 26130 RLC 52486 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2889 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: 705 ILCS 405/5-601 705 ILCS 405/5-602 new 705 ILCS 405/5-601 705 ILCS 405/5-602 new Amends the Juvenile Court Act of 1987. Provides that if the minor has multiple delinquency petitions filed against him or her, remaining petitions pending against the minor respondent shall be adjudicated within 120 (rather than 160) days from the date on which a finding relative to the first petition prosecuted is rendered. Restructures the provisions concerning alleged delinquent minors and pretrial detention of alleged delinquent minors. LRB103 26130 RLC 52486 b LRB103 26130 RLC 52486 b A BILL FOR
	2	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2889 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
	3	+	705 ILCS 405/5-601 705 ILCS 405/5-602 new 705 ILCS 405/5-601 705 ILCS 405/5-602 new
	4	+	705 ILCS 405/5-601
	5	+	705 ILCS 405/5-602 new
	6	+	Amends the Juvenile Court Act of 1987. Provides that if the minor has multiple delinquency petitions filed against him or her, remaining petitions pending against the minor respondent shall be adjudicated within 120 (rather than 160) days from the date on which a finding relative to the first petition prosecuted is rendered. Restructures the provisions concerning alleged delinquent minors and pretrial detention of alleged delinquent minors.
	7	+	LRB103 26130 RLC 52486 b LRB103 26130 RLC 52486 b
	8	+	LRB103 26130 RLC 52486 b
	9	+	A BILL FOR
	10	+	HB2889LRB103 26130 RLC 52486 b HB2889 LRB103 26130 RLC 52486 b
	11	+	HB2889 LRB103 26130 RLC 52486 b
3	12		1 AN ACT concerning courts.
4	13		2 Be it enacted by the People of the State of Illinois,
5	14		3 represented in the General Assembly:
6	15		4 Section 5. The Juvenile Court Act of 1987 is amended by
7	16		5 changing Section 5-601 and by adding Section 5-602 as follows:
8	17		6 (705 ILCS 405/5-601)
9	18		7 Sec. 5-601. Trial.
10	19		8 (1) When a petition has been filed alleging that the minor
11	20		9 is a delinquent, a trial must be held within 120 days of a
12	21		10 written demand for such hearing made by any party, except that
13	22		11 when the State, without success, has exercised due diligence
14	23		12 to obtain evidence material to the case and there are
15	24		13 reasonable grounds to believe that the evidence may be
16	25		14 obtained at a later date, the court may, upon motion by the
17	26		15 State, continue the trial for not more than 30 additional
18	27		16 days.
19	28		17 (2) If a minor respondent has multiple delinquency
20	29		18 petitions pending against him or her in the same county and
21	30		19 simultaneously demands a trial upon more than one delinquency
22	31		20 petition pending against him or her in the same county, he or
23	32		21 she shall receive a trial or have a finding, after waiver of
24	33		22 trial, upon at least one such petition before expiration
25	34		23 relative to any of the pending petitions of the period
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	38	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2889 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
	39	+	705 ILCS 405/5-601 705 ILCS 405/5-602 new 705 ILCS 405/5-601 705 ILCS 405/5-602 new
	40	+	705 ILCS 405/5-601
	41	+	705 ILCS 405/5-602 new
	42	+	Amends the Juvenile Court Act of 1987. Provides that if the minor has multiple delinquency petitions filed against him or her, remaining petitions pending against the minor respondent shall be adjudicated within 120 (rather than 160) days from the date on which a finding relative to the first petition prosecuted is rendered. Restructures the provisions concerning alleged delinquent minors and pretrial detention of alleged delinquent minors.
	43	+	LRB103 26130 RLC 52486 b LRB103 26130 RLC 52486 b
	44	+	LRB103 26130 RLC 52486 b
	45	+	A BILL FOR
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	51	+	705 ILCS 405/5-601
	52	+	705 ILCS 405/5-602 new
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34	71		1 described by this Section. All remaining petitions thus
35	72		2 pending against the minor respondent shall be adjudicated
36	73		3 within 120 160 days from the date on which a finding relative
37	74		4 to the first petition prosecuted is rendered under Section
38	75		5 5-620 of this Article, or, if the trial upon the first petition
39	76		6 is terminated without a finding and there is no subsequent
40	77		7 trial, or adjudication after waiver of trial, on the first
41	78		8 petition within a reasonable time, the minor shall receive a
42	79		9 trial upon all of the remaining petitions within 120 160 days
43	80		10 from the date on which the trial, or finding after waiver of
44	81		11 trial, on the first petition is concluded. If either such
45	82		12 period of 120 160 days expires without the commencement of
46	83		13 trial, or adjudication after waiver of trial, of any of the
47	84		14 remaining pending petitions, the petition or petitions shall
48	85		15 be dismissed and barred for want of prosecution unless the
49	86		16 delay is occasioned by any of the reasons described in this
50	87		17 Section.
51	88		18 (3) When no such trial is held within the time required by
52	89		19 subsections (1) and (2) of this Section, the court shall, upon
53	90		20 motion by any party, dismiss the petition with prejudice.
54	91		21 (3.5) The period in which a trial shall be held as
55	92		22 prescribed by this Section is tolled by: (i) delay occasioned
56	93		23 by the minor; (ii) a continuance allowed pursuant to Section
57	94		24 114-4 of the Code of Criminal Procedure of 1963 after the
58	95		25 court's determination of the minor's incapacity for trial;
59	96		26 (iii) an interlocutory appeal; (iv) an examination of fitness
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70	107		1 ordered pursuant to Section 104-13 of the Code of Criminal
71	108		2 Procedure of 1963; (v) a fitness hearing; or (vi) an
72	109		3 adjudication of unfitness for trial. Any such delay shall
73	110		4 temporarily suspend, for the time of the delay, the period
74	111		5 within which a trial must be held as prescribed by this
75	112		6 Section. On the day of expiration of the delays the period
76	113		7 shall continue at the point at which the time was suspended.
77	114		8 (4) (Blank). Without affecting the applicability of the
78	115		9 tolling and multiple prosecution provisions of subsections (8)
79	116		10 and (2) of this Section when a petition has been filed alleging
80	117		11 that the minor is a delinquent and the minor is in detention or
81	118		12 shelter care, the trial shall be held within 30 calendar days
82	119		13 after the date of the order directing detention or shelter
83	120		14 care, or the earliest possible date in compliance with the
84	121		15 provisions of Section 5-525 as to the custodial parent,
85	122		16 guardian or legal custodian, but no later than 45 calendar
86	123		17 days from the date of the order of the court directing
87	124		18 detention or shelter care. When the petition alleges the minor
88	125		19 has committed an offense involving a controlled substance as
89	126		20 defined in the Illinois Controlled Substances Act or
90	127		21 methamphetamine as defined in the Methamphetamine Control and
91	128		22 Community Protection Act, the court may, upon motion of the
92	129		23 State, continue the trial for receipt of a confirmatory
93	130		24 laboratory report for up to 45 days after the date of the order
94	131		25 directing detention or shelter care. When the petition alleges
95	132		26 the minor committed an offense that involves the death of,
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106	143		1 great bodily harm to or sexual assault or aggravated criminal
107	144		2 sexual abuse on a victim, the court may, upon motion of the
108	145		3 State, continue the trial for not more than 70 calendar days
109	146		4 after the date of the order directing detention or shelter
110	147		5 care.
111	148		6 Any failure to comply with the time limits of this Section
112	149		7 shall require the immediate release of the minor from
113	150		8 detention, and the time limits set forth in subsections (1)
114	151		9 and (2) shall apply.
115	152		10 (4.5) Agreeing to a continuance for trial or status based
116	153		11 on the failure of the State to complete discovery shall not be
117	154		12 considered a delay occasioned by the minor for purposes of
118	155		13 subsection (3.5). Further, demanding trial under subsections
119	156		14 (1) or (2) does not relieve the State of its ongoing duty to
120	157		15 tender discovery.
121	158		16 (5) (Blank). If the court determines that the State,
122	159		17 without success, has exercised due diligence to obtain the
123	160		18 results of DNA testing that is material to the case, and that
124	161		19 there are reasonable grounds to believe that the results may
125	162		20 be obtained at a later date, the court may continue the cause
126	163		21 on application of the State for not more than 120 additional
127	164		22 days. The court may also extend the period of detention of the
128	165		23 minor for not more than 120 additional days.
129		-	24 (6) ~~(Blank).~~ If the State's Attorney makes a written
130		-	25 ~~request that a~~ proceeding be designated an extended juvenile
131		-	26 ~~jurisdiction~~ prosecution, and the minor is in detention, the
	166	+	24 (6) If the State's Attorney makes a written request that a
	167	+	25 proceeding be designated an extended juvenile jurisdiction
	168	+	26 prosecution, and the minor is in detention, the period the
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142		-	1 ~~period the~~ minor can be held in detention pursuant to
143		-	2 ~~subsection (4),~~ shall be extended an additional 30 days after
144		-	3 ~~the court~~ determines whether the proceeding will be designated
145		-	4 an extended juvenile jurisdiction prosecution or the State's
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	179	+	1 minor can be held in detention pursuant to subsection (4),
	180	+	2 shall be extended an additional 30 days after the court
	181	+	3 determines whether the proceeding will be designated an
	182	+	4 extended juvenile jurisdiction prosecution or the State's
146	183		5 Attorney withdraws the request for extended juvenile
147	184		6 jurisdiction prosecution.
148	185		7 (7) (Blank). When the State's Attorney files a motion for
149	186		8 waiver of jurisdiction pursuant to Section 5-805, and the
150	187		9 minor is in detention, the period the minor can be held in
151	188		10 detention pursuant to subsection (4), shall be extended an
152	189		11 additional 30 days if the court denies motion for waiver of
153	190		12 jurisdiction or the State's Attorney withdraws the motion for
154	191		13 waiver of jurisdiction.
155	192		14 (8) (Blank). The period in which a trial shall be held as
156	193		15 prescribed by subsections (1), (2), (3), (4), (5), (6), or (7)
157	194		16 of this Section is tolled by: (i) delay occasioned by the
158	195		17 minor; (ii) a continuance allowed pursuant to Section 114-4 of
159	196		18 the Code of Criminal Procedure of 1963 after the court's
160	197		19 determination of the minor's incapacity for trial; (iii) an
161	198		20 interlocutory appeal; (iv) an examination of fitness ordered
162	199		21 pursuant to Section 104-13 of the Code of Criminal Procedure
163	200		22 of 1963; (v) a fitness hearing; or (vi) an adjudication of
164	201		23 unfitness for trial. Any such delay shall temporarily suspend,
165	202		24 for the time of the delay, the period within which a trial must
166	203		25 be held as prescribed by subsections (1), (2), (4), (5), and
167	204		26 (6) of this Section. On the day of expiration of the delays the
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178	215		1 period shall continue at the point at which the time was
179	216		2 suspended.
180	217		3 (9) (Blank). Nothing in this Section prevents the minor or
181	218		4 the minor's parents, guardian or legal custodian from
182	219		5 exercising their respective rights to waive the time limits
183	220		6 set forth in this Section.
184	221		7 (Source: P.A. 94-556, eff. 9-11-05.)
185	222		8 (705 ILCS 405/5-602 new)
186	223		9 Sec. 5-602. Pretrial detention.
187	224		10 (1) When a petition has been filed alleging that the minor
188	225		11 is a delinquent and the minor is in detention or shelter care,
189	226		12 the trial shall be held within 30 calendar days after the date
190	227		13 of the order directing detention or shelter care, or the
191	228		14 earliest possible date in compliance with the provisions of
192	229		15 Section 5-525 as to the custodial parent, guardian, or legal
193	230		16 custodian, but no later than 45 calendar days from the date of
194	231		17 the order of the court directing detention or shelter care.
195	232		18 This time includes any time a minor spends in custody on a
196	233		19 release upon request to Department of Children and Family
197	234		20 Services status. When the petition alleges the minor committed
198	235		21 an offense that involves the death of or great bodily harm to a
199	236		22 victim, the court may, upon motion of the State under Section
200	237		23 5-603, continue the trial for not more than 70 calendar days
201	238		24 after the date of the order directing detention or shelter
202	239		25 care.
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213	250		1 (2) Any failure to comply with the time limits of this
214	251		2 Section shall require the immediate release of the minor from
215	252		3 detention and the time limits set forth in subsections (1) and
216	253		4 (2) of Section 5-601 shall apply.
217	254		5 (3) As the speedy trial provisions outlined in Section
218	255		6 5-601 and this Section are distinctly separate statute
219	256		7 Sections, a minor need not demand trial for this Section to
220	257		8 apply.
221	258		9 (4) Notwithstanding the provisions of subsection (2) of
222	259		10 Section 5-601, the detention provisions of this Section govern
223	260		11 a minor who has multiple delinquency petitions filed against
224	261		12 him or her. A minor shall not be held longer than the times
225	262		13 described in this Section while awaiting trial. If immediate
226	263		14 and urgent necessity has been found pursuant to Section 5-501
227	264		15 ordering a minor to be held, the hold shall be on all pending
228	265		16 cases.
229	266		17 (5) If the State's Attorney makes a written request that a
230	267		18 proceeding be designated an extended juvenile jurisdiction
231	268		19 prosecution, and the minor is in detention, the period the
232	269		20 minor may be held in detention may be extended an additional 30
233	270		21 days. A pending extended juvenile jurisdiction petition shall
234	271		22 not be a basis for detention past the prescribed time periods
235	272		23 in this Section.
236	273		24 (6) When the State's Attorney files a motion for waiver of
237	274		25 jurisdiction pursuant to Section 5-805, and the minor is in
238	275		26 detention, the period the minor may be held in detention may be
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249	286		1 extended an additional 30 days. A pending transfer petition
250	287		2 shall not be a basis for detention past the prescribed time
251	288		3 periods in this Section.
252	289		4 (7) The period in which a trial shall be held as prescribed
253	290		5 by this Section is tolled by: (i) delay occasioned by the
254	291		6 minor; (ii) a continuance allowed pursuant to Section 114-4 of
255	292		7 the Code of Criminal Procedure of 1963 after the court's
256	293		8 determination of the minor's incapacity for trial; (iii) an
257	294		9 interlocutory appeal; (iv) an examination of fitness ordered
258	295		10 pursuant to Section 104-13 of the Code of Criminal Procedure
259	296		11 of 1963; (v) a fitness hearing; or (vi) an adjudication of
260	297		12 unfitness for trial. Any such delay shall temporarily suspend,
261	298		13 for the time of the delay, the period within which a trial must
262	299		14 be held as prescribed by this Section.
263	300		15 (8) Agreeing to a continuance for trial or status based on
264	301		16 the failure of the State to complete discovery, shall not be
265	302		17 considered a delay occasioned by the minor for purposes of
266	303		18 this Section. Time needed to prepare a defense to a State
267	304		19 motion such as an extended juvenile jurisdiction petition in
268	305		20 subsection (5) or a transfer petition in subsection (6) shall
269	306		21 not be considered a delay occasioned by the minor.
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