Illinois 2023-2024 Regular Session

Illinois House Bill HB4086 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4086 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: 705 ILCS 405/5-401 Amends the Juvenile Court Act of 1987. Provides that no minor arrested or taken into custody for an offense that if committed by an adult would be vehicular hijacking or aggravated vehicular hijacking shall be released from custody for at least 36 hours after the minor's arrest or taking into custody until an assessment by the court that the conduct and behavior of the minor does not endanger the health, person, welfare, or property of the minor or others or that the circumstances of his or her home environment does not endanger his or her health, person, welfare or property. Provides that if the court after the assessment determines that the conduct and behavior of the minor does endanger the health, person, welfare, or property of the minor or others or that the circumstances of his or her home environment does endanger his or her health, person, welfare, or property, the minor shall be held in custody until the disposition of the minor's case at the adjudicatory hearing held under the Delinquent Minors Article of the Act. LRB103 32321 RLC 61646 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4086 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: 705 ILCS 405/5-401 705 ILCS 405/5-401 Amends the Juvenile Court Act of 1987. Provides that no minor arrested or taken into custody for an offense that if committed by an adult would be vehicular hijacking or aggravated vehicular hijacking shall be released from custody for at least 36 hours after the minor's arrest or taking into custody until an assessment by the court that the conduct and behavior of the minor does not endanger the health, person, welfare, or property of the minor or others or that the circumstances of his or her home environment does not endanger his or her health, person, welfare or property. Provides that if the court after the assessment determines that the conduct and behavior of the minor does endanger the health, person, welfare, or property of the minor or others or that the circumstances of his or her home environment does endanger his or her health, person, welfare, or property, the minor shall be held in custody until the disposition of the minor's case at the adjudicatory hearing held under the Delinquent Minors Article of the Act. LRB103 32321 RLC 61646 b LRB103 32321 RLC 61646 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4086 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED:
3	3	705 ILCS 405/5-401 705 ILCS 405/5-401
4	4	705 ILCS 405/5-401
5	5	Amends the Juvenile Court Act of 1987. Provides that no minor arrested or taken into custody for an offense that if committed by an adult would be vehicular hijacking or aggravated vehicular hijacking shall be released from custody for at least 36 hours after the minor's arrest or taking into custody until an assessment by the court that the conduct and behavior of the minor does not endanger the health, person, welfare, or property of the minor or others or that the circumstances of his or her home environment does not endanger his or her health, person, welfare or property. Provides that if the court after the assessment determines that the conduct and behavior of the minor does endanger the health, person, welfare, or property of the minor or others or that the circumstances of his or her home environment does endanger his or her health, person, welfare, or property, the minor shall be held in custody until the disposition of the minor's case at the adjudicatory hearing held under the Delinquent Minors Article of the Act.
6	6	LRB103 32321 RLC 61646 b LRB103 32321 RLC 61646 b
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8	8	A BILL FOR
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10	10	HB4086 LRB103 32321 RLC 61646 b
11	11	1 AN ACT concerning courts.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Juvenile Court Act of 1987 is amended by
15	15	5 changing Section 5-401 as follows:
16	16	6 (705 ILCS 405/5-401)
17	17	7 Sec. 5-401. Arrest and taking into custody of a minor.
18	18	8 (1) A law enforcement officer may, without a warrant,
19	19	9 (a) arrest a minor whom the officer with probable
20	20	10 cause believes to be a delinquent minor; or
21	21	11 (b) take into custody a minor who has been adjudged a
22	22	12 ward of the court and has escaped from any commitment
23	23	13 ordered by the court under this Act; or
24	24	14 (c) take into custody a minor whom the officer
25	25	15 reasonably believes has violated the conditions of
26	26	16 probation or supervision ordered by the court.
27	27	17 (2) Whenever a petition has been filed under Section 5-520
28	28	18 and the court finds that the conduct and behavior of the minor
29	29	19 may endanger the health, person, welfare, or property of the
30	30	20 minor or others or that the circumstances of his or her home
31	31	21 environment may endanger his or her health, person, welfare or
32	32	22 property, a warrant may be issued immediately to take the
33	33	23 minor into custody.
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4086 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED:
38	38	705 ILCS 405/5-401 705 ILCS 405/5-401
39	39	705 ILCS 405/5-401
40	40	Amends the Juvenile Court Act of 1987. Provides that no minor arrested or taken into custody for an offense that if committed by an adult would be vehicular hijacking or aggravated vehicular hijacking shall be released from custody for at least 36 hours after the minor's arrest or taking into custody until an assessment by the court that the conduct and behavior of the minor does not endanger the health, person, welfare, or property of the minor or others or that the circumstances of his or her home environment does not endanger his or her health, person, welfare or property. Provides that if the court after the assessment determines that the conduct and behavior of the minor does endanger the health, person, welfare, or property of the minor or others or that the circumstances of his or her home environment does endanger his or her health, person, welfare, or property, the minor shall be held in custody until the disposition of the minor's case at the adjudicatory hearing held under the Delinquent Minors Article of the Act.
41	41	LRB103 32321 RLC 61646 b LRB103 32321 RLC 61646 b
42	42	LRB103 32321 RLC 61646 b
43	43	A BILL FOR
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68	68	1 (3) Except for minors accused of violation of an order of
69	69	2 the court, any minor accused of any act under federal or State
70	70	3 law, or a municipal or county ordinance that would not be
71	71	4 illegal if committed by an adult, cannot be placed in a jail,
72	72	5 municipal lockup, detention center, or secure correctional
73	73	6 facility. Juveniles accused with underage consumption and
74	74	7 underage possession of alcohol or cannabis cannot be placed in
75	75	8 a jail, municipal lockup, detention center, or correctional
76	76	9 facility.
77	77	10 (4) No minor arrested or taken into custody for an offense
78	78	11 that if committed by an adult would be vehicular hijacking
79	79	12 under Section 18-3 of the Criminal Code of 2012 or aggravated
80	80	13 vehicular hijacking under Section 18-4 of the Criminal Code of
81	81	14 2012 shall be released from custody for at least 36 hours after
82	82	15 the minor's arrest or taking into custody until an assessment
83	83	16 has been made by the court that the conduct and behavior of the
84	84	17 minor does not endanger the health, person, welfare, or
85	85	18 property of the minor or others or that the circumstances of
86	86	19 his or her home environment does not endanger his or her
87	87	20 health, person, welfare or property. After the assessment has
88	88	21 been made, if the court determines that the conduct and
89	89	22 behavior of the minor does endanger the health, person,
90	90	23 welfare, or property of the minor or others or that the
91	91	24 circumstances of his or her home environment does endanger his
92	92	25 or her health, person, welfare, or property, the minor shall
93	93	26 be held in custody until the disposition of the minor's case at
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104	104	1 the adjudicatory hearing held under this Article.
105	105	2 (Source: P.A. 101-27, eff. 6-25-19.)
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