Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1536 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1536 Introduced 2/4/2025, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED: 705 ILCS 405/5-601705 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. Provides that if the court determines that the State, without success, has exercised due diligence to timely obtain the results of DNA testing that is material to the case, and that there are reasonable grounds to believe that the results may be obtained at a later date, the court may extend the period of detention of the minor to not more than 70 days, only for any matter for which the minor may be committed to the Department of Juvenile Justice. Provides that nothing in the trial and pretrial detention provisions of the Act prevents the minor from exercising the minor's rights to waive the time limits set forth in these provisions. Deletes provision that time needed to prepare a defense to a State motion such as an extended juvenile jurisdiction petition or a transfer petition shall not be considered a delay occasioned by the minor. Makes technical changes in the trial and pretrial detention provisions of the Act. LRB104 09271 RLC 19329 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1536 Introduced 2/4/2025, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED: 705 ILCS 405/5-601705 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. Provides that if the court determines that the State, without success, has exercised due diligence to timely obtain the results of DNA testing that is material to the case, and that there are reasonable grounds to believe that the results may be obtained at a later date, the court may extend the period of detention of the minor to not more than 70 days, only for any matter for which the minor may be committed to the Department of Juvenile Justice. Provides that nothing in the trial and pretrial detention provisions of the Act prevents the minor from exercising the minor's rights to waive the time limits set forth in these provisions. Deletes provision that time needed to prepare a defense to a State motion such as an extended juvenile jurisdiction petition or a transfer petition shall not be considered a delay occasioned by the minor. Makes technical changes in the trial and pretrial detention provisions of the Act. LRB104 09271 RLC 19329 b LRB104 09271 RLC 19329 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1536 Introduced 2/4/2025, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED:
3	3	705 ILCS 405/5-601705 ILCS 405/5-602 new 705 ILCS 405/5-601 705 ILCS 405/5-602 new
4	4	705 ILCS 405/5-601
5	5	705 ILCS 405/5-602 new
6	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. Provides that if the court determines that the State, without success, has exercised due diligence to timely obtain the results of DNA testing that is material to the case, and that there are reasonable grounds to believe that the results may be obtained at a later date, the court may extend the period of detention of the minor to not more than 70 days, only for any matter for which the minor may be committed to the Department of Juvenile Justice. Provides that nothing in the trial and pretrial detention provisions of the Act prevents the minor from exercising the minor's rights to waive the time limits set forth in these provisions. Deletes provision that time needed to prepare a defense to a State motion such as an extended juvenile jurisdiction petition or a transfer petition shall not be considered a delay occasioned by the minor. Makes technical changes in the trial and pretrial detention provisions of the Act.
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12	12	1 AN ACT concerning courts.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Juvenile Court Act of 1987 is amended by
16	16	5 changing Section 5-601 and by adding Section 5-602 as follows:
17	17	6 (705 ILCS 405/5-601)
18	18	7 Sec. 5-601. Trial.
19	19	8 (1) When a petition has been filed alleging that the minor
20	20	9 is a delinquent, a trial must be held within 120 days of a
21	21	10 written demand for such hearing made by any party, except that
22	22	11 when the State, without success, has exercised due diligence
23	23	12 to obtain evidence material to the case and there are
24	24	13 reasonable grounds to believe that the evidence may be
25	25	14 obtained at a later date, the court may, upon motion by the
26	26	15 State, continue the trial for not more than 30 additional
27	27	16 days.
28	28	17 (2) If a minor respondent has multiple delinquency
29	29	18 petitions pending against the minor in the same county and
30	30	19 simultaneously demands a trial upon more than one delinquency
31	31	20 petition pending against the minor in the same county, the
32	32	21 minor shall receive a trial or have a finding, after waiver of
33	33	22 trial, upon at least one such petition before expiration
34	34	23 relative to any of the pending petitions of the period
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38	38	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1536 Introduced 2/4/2025, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED:
39	39	705 ILCS 405/5-601705 ILCS 405/5-602 new 705 ILCS 405/5-601 705 ILCS 405/5-602 new
40	40	705 ILCS 405/5-601
41	41	705 ILCS 405/5-602 new
42	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. Provides that if the court determines that the State, without success, has exercised due diligence to timely obtain the results of DNA testing that is material to the case, and that there are reasonable grounds to believe that the results may be obtained at a later date, the court may extend the period of detention of the minor to not more than 70 days, only for any matter for which the minor may be committed to the Department of Juvenile Justice. Provides that nothing in the trial and pretrial detention provisions of the Act prevents the minor from exercising the minor's rights to waive the time limits set forth in these provisions. Deletes provision that time needed to prepare a defense to a State motion such as an extended juvenile jurisdiction petition or a transfer petition shall not be considered a delay occasioned by the minor. Makes technical changes in the trial and pretrial detention provisions of the Act.
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71	71	1 described by this Section. All remaining petitions thus
72	72	2 pending against the minor respondent shall be adjudicated
73	73	3 within 120 160 days from the date on which a finding relative
74	74	4 to the first petition prosecuted is rendered under Section
75	75	5 5-620 of this Article, or, if the trial upon the first petition
76	76	6 is terminated without a finding and there is no subsequent
77	77	7 trial, or adjudication after waiver of trial, on the first
78	78	8 petition within a reasonable time, the minor shall receive a
79	79	9 trial upon all of the remaining petitions within 120 160 days
80	80	10 from the date on which the trial, or finding after waiver of
81	81	11 trial, on the first petition is concluded. If either such
82	82	12 period of 120 160 days expires without the commencement of
83	83	13 trial, or adjudication after waiver of trial, of any of the
84	84	14 remaining pending petitions, the petition or petitions shall
85	85	15 be dismissed and barred for want of prosecution unless the
86	86	16 delay is occasioned by any of the reasons described in this
87	87	17 Section.
88	88	18 (3) When no such trial is held within the time required by
89	89	19 subsections (1) and (2) of this Section, the court shall, upon
90	90	20 motion by any party, dismiss the petition with prejudice.
91	91	21 (3.5) The period in which a trial shall be held as
92	92	22 prescribed by this Section is tolled by: (i) delay occasioned
93	93	23 by the minor; (ii) a continuance allowed pursuant to Section
94	94	24 114-4 of the Code of Criminal Procedure of 1963 after the
95	95	25 court's determination of the minor's incapacity for trial;
96	96	26 (iii) an interlocutory appeal; (iv) an examination of fitness
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107	107	1 ordered pursuant to Section 104-13 of the Code of Criminal
108	108	2 Procedure of 1963; (v) a fitness hearing; or (vi) an
109	109	3 adjudication of unfitness for trial. Any such delay shall
110	110	4 temporarily suspend, for the time of the delay, the period
111	111	5 within which a trial must be held as prescribed by this
112	112	6 Section. On the day of expiration of the delays, the period
113	113	7 shall continue at the point at which the time was suspended.
114	114	8 (4) (Blank). Without affecting the applicability of the
115	115	9 tolling and multiple prosecution provisions of subsections (8)
116	116	10 and (2) of this Section when a petition has been filed alleging
117	117	11 that the minor is a delinquent and the minor is in detention or
118	118	12 shelter care, the trial shall be held within 30 calendar days
119	119	13 after the date of the order directing detention or shelter
120	120	14 care, or the earliest possible date in compliance with the
121	121	15 provisions of Section 5-525 as to the custodial parent,
122	122	16 guardian, or legal custodian, but no later than 45 calendar
123	123	17 days from the date of the order of the court directing
124	124	18 detention or shelter care. When the petition alleges the minor
125	125	19 has committed an offense involving a controlled substance as
126	126	20 defined in the Illinois Controlled Substances Act or
127	127	21 methamphetamine as defined in the Methamphetamine Control and
128	128	22 Community Protection Act, the court may, upon motion of the
129	129	23 State, continue the trial for receipt of a confirmatory
130	130	24 laboratory report for up to 45 days after the date of the order
131	131	25 directing detention or shelter care. When the petition alleges
132	132	26 the minor committed an offense that involves the death of,
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143	143	1 great bodily harm to or sexual assault or aggravated criminal
144	144	2 sexual abuse on a victim, the court may, upon motion of the
145	145	3 State, continue the trial for not more than 70 calendar days
146	146	4 after the date of the order directing detention or shelter
147	147	5 care.
148	148	6 Any failure to comply with the time limits of this Section
149	149	7 shall require the immediate release of the minor from
150	150	8 detention, and the time limits set forth in subsections (1)
151	151	9 and (2) shall apply.
152	152	10 (4.5) Agreeing to a continuance for trial or status based
153	153	11 on the failure of the State to complete discovery shall not be
154	154	12 considered a delay occasioned by the minor for purposes of
155	155	13 subsection (3.5). Further, demanding trial under subsection
156	156	14 (1) or (2) does not relieve the State of its ongoing duty to
157	157	15 tender discovery.
158	158	16 (5) If the court determines that the State, without
159	159	17 success, has exercised due diligence to timely obtain the
160	160	18 results of DNA testing that is material to the case, and that
161	161	19 there are reasonable grounds to believe that the results may
162	162	20 be obtained at a later date, the court may continue the cause
163	163	21 on application of the State for not more than 60 120 additional
164	164	22 days, except if the petition alleges that the minor has
165	165	23 committed the offense of first degree murder in violation of
166	166	24 Section 9-1 of the Criminal Code of 2012 or aggravated
167	167	25 criminal sexual assault in violation of Section 11-1.30 of the
168	168	26 Criminal Code of 2012, the court may continue the cause on
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179	179	1 application of the State for not more than 120 days. The court
180	180	2 may also extend the period of detention of the minor for not
181	181	3 more than 120 additional days.
182	182	4 (6) (Blank). If the State's Attorney makes a written
183	183	5 request that a proceeding be designated an extended juvenile
184	184	6 jurisdiction prosecution, and the minor is in detention, the
185	185	7 period the minor can be held in detention pursuant to
186	186	8 subsection (4), shall be extended an additional 30 days after
187	187	9 the court determines whether the proceeding will be designated
188	188	10 an extended juvenile jurisdiction prosecution or the State's
189	189	11 Attorney withdraws the request for extended juvenile
190	190	12 jurisdiction prosecution.
191	191	13 (7) (Blank). When the State's Attorney files a motion for
192	192	14 waiver of jurisdiction pursuant to Section 5-805, and the
193	193	15 minor is in detention, the period the minor can be held in
194	194	16 detention pursuant to subsection (4), shall be extended an
195	195	17 additional 30 days if the court denies motion for waiver of
196	196	18 jurisdiction or the State's Attorney withdraws the motion for
197	197	19 waiver of jurisdiction.
198	198	20 (8) (Blank). The period in which a trial shall be held as
199	199	21 prescribed by subsection (1), (2), (3), (4), (5), (6), or (7)
200	200	22 of this Section is tolled by: (i) delay occasioned by the
201	201	23 minor; (ii) a continuance allowed pursuant to Section 114-4 of
202	202	24 the Code of Criminal Procedure of 1963 after the court's
203	203	25 determination of the minor's incapacity for trial; (iii) an
204	204	26 interlocutory appeal; (iv) an examination of fitness ordered
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215	215	1 pursuant to Section 104-13 of the Code of Criminal Procedure
216	216	2 of 1963; (v) a fitness hearing; or (vi) an adjudication of
217	217	3 unfitness for trial. Any such delay shall temporarily suspend,
218	218	4 for the time of the delay, the period within which a trial must
219	219	5 be held as prescribed by subsections (1), (2), (4), (5), and
220	220	6 (6) of this Section. On the day of expiration of the delays,
221	221	7 the period shall continue at the point at which the time was
222	222	8 suspended.
223	223	9 (9) Nothing in this Section prevents the minor or the
224	224	10 minor's parents, guardian, or legal custodian from exercising
225	225	11 the minor's their respective rights to waive the time limits
226	226	12 set forth in this Section.
227	227	13 (Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.)
228	228	14 (705 ILCS 405/5-602 new)
229	229	15 Sec. 5-602. Pretrial detention.
230	230	16 (1) When a petition has been filed alleging that the minor
231	231	17 is a delinquent and the minor is in detention or shelter care,
232	232	18 the trial shall be held within 30 calendar days after the date
233	233	19 of the order directing detention or shelter care, or the
234	234	20 earliest possible date in compliance with the provisions of
235	235	21 Section 5-525 as to the custodial parent, guardian, or legal
236	236	22 custodian, but no later than 45 calendar days from the date of
237	237	23 the order of the court directing detention or shelter care.
238	238	24 This time includes any time a minor spends in custody on a
239	239	25 release upon request to Department of Children and Family
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250	250	1 Services status. When the petition alleges the minor committed
251	251	2 an offense that involves the death of or great bodily harm to a
252	252	3 victim, the court may, upon motion of the State, continue the
253	253	4 period of detention for not more than 70 calendar days after
254	254	5 the date of the order directing detention or shelter care.
255	255	6 (2) Any failure to comply with the time limits of this
256	256	7 Section shall require the immediate release of the minor from
257	257	8 detention.
258	258	9 (3) As the speedy trial provisions outlined in Section
259	259	10 5-601 and this Section are distinctly separate statute
260	260	11 Sections, a minor need not demand trial for this Section to
261	261	12 apply.
262	262	13 (4) The detention provisions of this Section govern a
263	263	14 minor who has multiple delinquency petitions filed against him
264	264	15 or her. A minor shall not be held longer than the times
265	265	16 described in this Section while awaiting trial. If immediate
266	266	17 and urgent necessity has been found pursuant to Section 5-501
267	267	18 ordering a minor to be held, the hold shall be on all pending
268	268	19 cases.
269	269	20 (5) If the State's Attorney makes a written request that a
270	270	21 proceeding be designated an extended juvenile jurisdiction
271	271	22 prosecution, and the minor is in detention, the period the
272	272	23 minor may be held in detention may be extended an additional 30
273	273	24 days. A pending extended juvenile jurisdiction petition shall
274	274	25 not be a basis for detention past the prescribed time periods
275	275	26 in this Section.
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286	286	1 (6) When the State's Attorney files a motion for waiver of
287	287	2 jurisdiction pursuant to Section 5-805, and the minor is in
288	288	3 detention, the period the minor may be held in detention may be
289	289	4 extended an additional 30 days. A pending transfer petition
290	290	5 shall not be a basis for detention past the prescribed time
291	291	6 periods in this Section.
292	292	7 (6.5) If the court determines that the State, without
293	293	8 success, has exercised due diligence to timely obtain the
294	294	9 results of DNA testing that is material to the case, and that
295	295	10 there are reasonable grounds to believe that the results may
296	296	11 be obtained at a later date, the court may extend the period of
297	297	12 detention of the minor to not more than 70 days, only for any
298	298	13 matter for which the minor may be committed to the Department
299	299	14 of Juvenile Justice.
300	300	15 (7) The period in which a minor may be detained as
301	301	16 prescribed by this Section is tolled by: (i) delay occasioned
302	302	17 by the minor; (ii) a continuance allowed pursuant to Section
303	303	18 114-4 of the Code of Criminal Procedure of 1963 after the
304	304	19 court's determination of the minor's incapacity for trial;
305	305	20 (iii) an interlocutory appeal; (iv) an examination of fitness
306	306	21 ordered pursuant to Section 104-13 of the Code of Criminal
307	307	22 Procedure of 1963; (v) a fitness hearing; or (vi) an
308	308	23 adjudication of unfitness for trial. Any such delay shall
309	309	24 temporarily suspend, for the time of the delay, the period
310	310	25 within which a minor may be detained as prescribed by this
311	311	26 Section.
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