103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5070

 

Introduced 2/8/2024, 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 37039 RLC 67154 b

 

 

A BILL FOR

 

HB5070LRB103 37039 RLC 67154 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 5-601 and by adding Section 5-602 as follows:
 
6    (705 ILCS 405/5-601)
7    Sec. 5-601. Trial.
8    (1) When a petition has been filed alleging that the minor
9is a delinquent, a trial must be held within 120 days of a
10written demand for such hearing made by any party, except that
11when the State, without success, has exercised due diligence
12to obtain evidence material to the case and there are
13reasonable grounds to believe that the evidence may be
14obtained at a later date, the court may, upon motion by the
15State, continue the trial for not more than 30 additional
16days.
17    (2) If a minor respondent has multiple delinquency
18petitions pending against the minor in the same county and
19simultaneously demands a trial upon more than one delinquency
20petition pending against the minor in the same county, the
21minor shall receive a trial or have a finding, after waiver of
22trial, upon at least one such petition before expiration
23relative to any of the pending petitions of the period

 

 

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1described by this Section. All remaining petitions thus
2pending against the minor respondent shall be adjudicated
3within 120 160 days from the date on which a finding relative
4to the first petition prosecuted is rendered under Section
55-620 of this Article, or, if the trial upon the first petition
6is terminated without a finding and there is no subsequent
7trial, or adjudication after waiver of trial, on the first
8petition within a reasonable time, the minor shall receive a
9trial upon all of the remaining petitions within 120 160 days
10from the date on which the trial, or finding after waiver of
11trial, on the first petition is concluded. If either such
12period of 120 160 days expires without the commencement of
13trial, or adjudication after waiver of trial, of any of the
14remaining pending petitions, the petition or petitions shall
15be dismissed and barred for want of prosecution unless the
16delay is occasioned by any of the reasons described in this
17Section.
18    (3) When no such trial is held within the time required by
19subsections (1) and (2) of this Section, the court shall, upon
20motion by any party, dismiss the petition with prejudice.
21    (3.5) The period in which a trial shall be held as
22prescribed by this Section is tolled by: (i) delay occasioned
23by the minor; (ii) a continuance allowed pursuant to Section
24114-4 of the Code of Criminal Procedure of 1963 after the
25court's determination of the minor's incapacity for trial;
26(iii) an interlocutory appeal; (iv) an examination of fitness

 

 

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1ordered pursuant to Section 104-13 of the Code of Criminal
2Procedure of 1963; (v) a fitness hearing; or (vi) an
3adjudication of unfitness for trial. Any such delay shall
4temporarily suspend, for the time of the delay, the period
5within which a trial must be held as prescribed by this
6Section. On the day of expiration of the delays the period
7shall continue at the point at which the time was suspended.
8    (4) (Blank). Without affecting the applicability of the
9tolling and multiple prosecution provisions of subsections (8)
10and (2) of this Section when a petition has been filed alleging
11that the minor is a delinquent and the minor is in detention or
12shelter care, the trial shall be held within 30 calendar days
13after the date of the order directing detention or shelter
14care, or the earliest possible date in compliance with the
15provisions of Section 5-525 as to the custodial parent,
16guardian or legal custodian, but no later than 45 calendar
17days from the date of the order of the court directing
18detention or shelter care. When the petition alleges the minor
19has committed an offense involving a controlled substance as
20defined in the Illinois Controlled Substances Act or
21methamphetamine as defined in the Methamphetamine Control and
22Community Protection Act, the court may, upon motion of the
23State, continue the trial for receipt of a confirmatory
24laboratory report for up to 45 days after the date of the order
25directing detention or shelter care. When the petition alleges
26the minor committed an offense that involves the death of,

 

 

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1great bodily harm to or sexual assault or aggravated criminal
2sexual abuse on a victim, the court may, upon motion of the
3State, continue the trial for not more than 70 calendar days
4after the date of the order directing detention or shelter
5care.
6    Any failure to comply with the time limits of this Section
7shall require the immediate release of the minor from
8detention, and the time limits set forth in subsections (1)
9and (2) shall apply.
10    (4.5) Agreeing to a continuance for trial or status based
11on the failure of the State to complete discovery shall not be
12considered a delay occasioned by the minor for purposes of
13subsection (3.5). Further, demanding trial under subsections
14(1) or (2) does not relieve the State of its ongoing duty to
15tender discovery.
16    (5) (Blank). If the court determines that the State,
17without success, has exercised due diligence to obtain the
18results of DNA testing that is material to the case, and that
19there are reasonable grounds to believe that the results may
20be obtained at a later date, the court may continue the cause
21on application of the State for not more than 120 additional
22days. The court may also extend the period of detention of the
23minor for not more than 120 additional days.
24    (6) (Blank). If the State's Attorney makes a written
25request that a proceeding be designated an extended juvenile
26jurisdiction prosecution, and the minor is in detention, the

 

 

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1period the minor can be held in detention pursuant to
2subsection (4), shall be extended an additional 30 days after
3the court determines whether the proceeding will be designated
4an extended juvenile jurisdiction prosecution or the State's
5Attorney withdraws the request for extended juvenile
6jurisdiction prosecution.
7    (7) (Blank). When the State's Attorney files a motion for
8waiver of jurisdiction pursuant to Section 5-805, and the
9minor is in detention, the period the minor can be held in
10detention pursuant to subsection (4), shall be extended an
11additional 30 days if the court denies motion for waiver of
12jurisdiction or the State's Attorney withdraws the motion for
13waiver of jurisdiction.
14    (8) (Blank). The period in which a trial shall be held as
15prescribed by subsections (1), (2), (3), (4), (5), (6), or (7)
16of this Section is tolled by: (i) delay occasioned by the
17minor; (ii) a continuance allowed pursuant to Section 114-4 of
18the Code of Criminal Procedure of 1963 after the court's
19determination of the minor's incapacity for trial; (iii) an
20interlocutory appeal; (iv) an examination of fitness ordered
21pursuant to Section 104-13 of the Code of Criminal Procedure
22of 1963; (v) a fitness hearing; or (vi) an adjudication of
23unfitness for trial. Any such delay shall temporarily suspend,
24for the time of the delay, the period within which a trial must
25be held as prescribed by subsections (1), (2), (4), (5), and
26(6) of this Section. On the day of expiration of the delays the

 

 

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1period shall continue at the point at which the time was
2suspended.
3    (9) (Blank). Nothing in this Section prevents the minor or
4the minor's parents, guardian or legal custodian from
5exercising their respective rights to waive the time limits
6set forth in this Section.
7(Source: P.A. 103-22, eff. 8-8-23; revised 9-20-23.)
 
8    (705 ILCS 405/5-602 new)
9    Sec. 5-602. Pretrial detention.
10    (1) When a petition has been filed alleging that the minor
11is a delinquent and the minor is in detention or shelter care,
12the trial shall be held within 30 calendar days after the date
13of the order directing detention or shelter care, or the
14earliest possible date in compliance with the provisions of
15Section 5-525 as to the custodial parent, guardian, or legal
16custodian, but no later than 45 calendar days from the date of
17the order of the court directing detention or shelter care.
18This time includes any time a minor spends in custody on a
19release upon request to Department of Children and Family
20Services status. When the petition alleges the minor committed
21an offense that involves the death of or great bodily harm to a
22victim, the court may, upon motion of the State under Section
235-603, continue the trial for not more than 70 calendar days
24after the date of the order directing detention or shelter
25care.

 

 

HB5070- 7 -LRB103 37039 RLC 67154 b

1    (2) Any failure to comply with the time limits of this
2Section shall require the immediate release of the minor from
3detention and the time limits set forth in subsections (1) and
4(2) of Section 5-601 shall apply.
5    (3) As the speedy trial provisions outlined in Section
65-601 and this Section are distinctly separate statute
7Sections, a minor need not demand trial for this Section to
8apply.
9    (4) Notwithstanding the provisions of subsection (2) of
10Section 5-601, the detention provisions of this Section govern
11a minor who has multiple delinquency petitions filed against
12him or her. A minor shall not be held longer than the times
13described in this Section while awaiting trial. If immediate
14and urgent necessity has been found pursuant to Section 5-501
15ordering a minor to be held, the hold shall be on all pending
16cases.
17    (5) If the State's Attorney makes a written request that a
18proceeding be designated an extended juvenile jurisdiction
19prosecution, and the minor is in detention, the period the
20minor may be held in detention may be extended an additional 30
21days. A pending extended juvenile jurisdiction petition shall
22not be a basis for detention past the prescribed time periods
23in this Section.
24    (6) When the State's Attorney files a motion for waiver of
25jurisdiction pursuant to Section 5-805, and the minor is in
26detention, the period the minor may be held in detention may be

 

 

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1extended an additional 30 days. A pending transfer petition
2shall not be a basis for detention past the prescribed time
3periods in this Section.
4    (7) The period in which a trial shall be held as prescribed
5by this Section is tolled by: (i) delay occasioned by the
6minor; (ii) a continuance allowed pursuant to Section 114-4 of
7the Code of Criminal Procedure of 1963 after the court's
8determination of the minor's incapacity for trial; (iii) an
9interlocutory appeal; (iv) an examination of fitness ordered
10pursuant to Section 104-13 of the Code of Criminal Procedure
11of 1963; (v) a fitness hearing; or (vi) an adjudication of
12unfitness for trial. Any such delay shall temporarily suspend,
13for the time of the delay, the period within which a trial must
14be held as prescribed by this Section.
15    (8) Agreeing to a continuance for trial or status based on
16the failure of the State to complete discovery, shall not be
17considered a delay occasioned by the minor for purposes of
18this Section. Time needed to prepare a defense to a State
19motion such as an extended juvenile jurisdiction petition in
20subsection (5) or a transfer petition in subsection (6) shall
21not be considered a delay occasioned by the minor.