Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2191 Compare Versions

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

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2191 Introduced 2/7/2025, by Sen. Lakesia Collins 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. LRB104 07561 RLC 22017 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2191 Introduced 2/7/2025, by Sen. Lakesia Collins 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. LRB104 07561 RLC 22017 b LRB104 07561 RLC 22017 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2191 Introduced 2/7/2025, by Sen. Lakesia Collins 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
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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.
7	7	LRB104 07561 RLC 22017 b LRB104 07561 RLC 22017 b
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9	9	A BILL FOR
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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 SB2191 Introduced 2/7/2025, by Sen. Lakesia Collins 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.
43	43	LRB104 07561 RLC 22017 b LRB104 07561 RLC 22017 b
44	44	LRB104 07561 RLC 22017 b
45	45	A BILL FOR
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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 subsections
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) (Blank). If the court determines that the State,
159	159	17 without success, has exercised due diligence to 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 120 additional
164	164	22 days. The court may also extend the period of detention of the
165	165	23 minor for not more than 120 additional days.
166	166	24 (6) (Blank). If the State's Attorney makes a written
167	167	25 request that a proceeding be designated an extended juvenile
168	168	26 jurisdiction prosecution, and the minor is in detention, the
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179	179	1 period the minor can be held in detention pursuant to
180	180	2 subsection (4), shall be extended an additional 30 days after
181	181	3 the court determines whether the proceeding will be designated
182	182	4 an extended juvenile jurisdiction prosecution or the State's
183	183	5 Attorney withdraws the request for extended juvenile
184	184	6 jurisdiction prosecution.
185	185	7 (7) (Blank). When the State's Attorney files a motion for
186	186	8 waiver of jurisdiction pursuant to Section 5-805, and the
187	187	9 minor is in detention, the period the minor can be held in
188	188	10 detention pursuant to subsection (4), shall be extended an
189	189	11 additional 30 days if the court denies motion for waiver of
190	190	12 jurisdiction or the State's Attorney withdraws the motion for
191	191	13 waiver of jurisdiction.
192	192	14 (8) (Blank). The period in which a trial shall be held as
193	193	15 prescribed by subsection (1), (2), (3), (4), (5), (6), or (7)
194	194	16 of this Section is tolled by: (i) delay occasioned by the
195	195	17 minor; (ii) a continuance allowed pursuant to Section 114-4 of
196	196	18 the Code of Criminal Procedure of 1963 after the court's
197	197	19 determination of the minor's incapacity for trial; (iii) an
198	198	20 interlocutory appeal; (iv) an examination of fitness ordered
199	199	21 pursuant to Section 104-13 of the Code of Criminal Procedure
200	200	22 of 1963; (v) a fitness hearing; or (vi) an adjudication of
201	201	23 unfitness for trial. Any such delay shall temporarily suspend,
202	202	24 for the time of the delay, the period within which a trial must
203	203	25 be held as prescribed by subsections (1), (2), (4), (5), and
204	204	26 (6) of this Section. On the day of expiration of the delays,
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215	215	1 the period shall continue at the point at which the time was
216	216	2 suspended.
217	217	3 (9) (Blank). Nothing in this Section prevents the minor or
218	218	4 the minor's parents, guardian, or legal custodian from
219	219	5 exercising their respective rights to waive the time limits
220	220	6 set forth in this Section.
221	221	7 (Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.)
222	222	8 (705 ILCS 405/5-602 new)
223	223	9 Sec. 5-602. Pretrial detention.
224	224	10 (1) When a petition has been filed alleging that the minor
225	225	11 is a delinquent and the minor is in detention or shelter care,
226	226	12 the trial shall be held within 30 calendar days after the date
227	227	13 of the order directing detention or shelter care, or the
228	228	14 earliest possible date in compliance with the provisions of
229	229	15 Section 5-525 as to the custodial parent, guardian, or legal
230	230	16 custodian, but no later than 45 calendar days from the date of
231	231	17 the order of the court directing detention or shelter care.
232	232	18 This time includes any time a minor spends in custody on a
233	233	19 release upon request to Department of Children and Family
234	234	20 Services status. When the petition alleges the minor committed
235	235	21 an offense that involves the death of or great bodily harm to a
236	236	22 victim, the court may, upon motion of the State under Section
237	237	23 5-603, continue the trial for not more than 70 calendar days
238	238	24 after the date of the order directing detention or shelter
239	239	25 care.
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250	250	1 (2) Any failure to comply with the time limits of this
251	251	2 Section shall require the immediate release of the minor from
252	252	3 detention and the time limits set forth in subsections (1) and
253	253	4 (2) of Section 5-601 shall apply.
254	254	5 (3) As the speedy trial provisions outlined in Section
255	255	6 5-601 and this Section are distinctly separate statute
256	256	7 Sections, a minor need not demand trial for this Section to
257	257	8 apply.
258	258	9 (4) Notwithstanding the provisions of subsection (2) of
259	259	10 Section 5-601, the detention provisions of this Section govern
260	260	11 a minor who has multiple delinquency petitions filed against
261	261	12 him or her. A minor shall not be held longer than the times
262	262	13 described in this Section while awaiting trial. If immediate
263	263	14 and urgent necessity has been found pursuant to Section 5-501
264	264	15 ordering a minor to be held, the hold shall be on all pending
265	265	16 cases.
266	266	17 (5) If the State's Attorney makes a written request that a
267	267	18 proceeding be designated an extended juvenile jurisdiction
268	268	19 prosecution, and the minor is in detention, the period the
269	269	20 minor may be held in detention may be extended an additional 30
270	270	21 days. A pending extended juvenile jurisdiction petition shall
271	271	22 not be a basis for detention past the prescribed time periods
272	272	23 in this Section.
273	273	24 (6) When the State's Attorney files a motion for waiver of
274	274	25 jurisdiction pursuant to Section 5-805, and the minor is in
275	275	26 detention, the period the minor may be held in detention may be
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