Bill Status of HB1294  103rd General Assembly

Short Description:  JUVENILE COURT-FITNESS

House Sponsors
Rep. Lakesia Collins, Nicholas K. Smith, Justin Slaughter, Maurice A. West, II, Kevin John Olickal, Edgar González, Jr., Anne Stava-Murray and Dagmara Avelar

Senate Sponsors
(Sen. Lakesia Collins - Willie Preston - Robert Peters - Karina Villa - Cristina H. Pacione-Zayas, Rachel Ventura, Adriane Johnson and Laura M. Murphy)

Last Action
DateChamber Action
  1/7/2025HouseSession Sine Die

Statutes Amended In Order of Appearance
705 ILCS 405/Art. V Pt. 5A heading new
705 ILCS 405/5-5A-101 new
705 ILCS 405/5-5A-105 new
705 ILCS 405/5-5A-110 new
705 ILCS 405/5-5A-115 new
705 ILCS 405/5-5A-120 new
705 ILCS 405/5-5A-125 new
705 ILCS 405/5-5A-130 new
705 ILCS 405/5-5A-135 new
705 ILCS 405/5-5A-140 new
705 ILCS 405/5-5A-145 new
705 ILCS 405/5-5A-150 new
705 ILCS 405/5-5A-155 new
705 ILCS 405/5-5A-160 new
705 ILCS 405/5-5A-165 new
705 ILCS 405/5-5A-170 new
705 ILCS 405/5-5A-175 new
705 ILCS 405/5-5A-180 new
705 ILCS 405/5-5A-185 new
705 ILCS 405/5-5A-190 new
705 ILCS 405/5-5A-195 new
705 ILCS 405/5-5A-200 new
705 ILCS 405/5-5A-205 new
705 ILCS 405/5-5A-210 new
705 ILCS 405/5-5A-215 new


Synopsis As Introduced
Amends the Delinquent Minors Article of the Juvenile Court Act of 1987. Adds a Part concerning Fitness to Stand Trial. Specifies the unfitness standard for a child. Sets forth procedures to raise the issue of the unfitness of a child. Specifies the burden of proof and a presumption. Provides requirements for a fitness evaluation and hearing to determine the fitness of a child. Provides the requirements for the services to attain fitness, the period to obtain fitness, initial and subsequent progress reports, periodic hearings, and in-court assistance to render a child fit. Specifies time credit and sentencing guidelines for a child who attains fitness. Provides for the legal disposition of a child if fitness cannot be attained. Contains other provisions. Effective July 1, 2023.

House Committee Amendment No. 1
Replaces everything after the enacting clause. Amends the Delinquent Minors Article of the Juvenile Court Act of 1987. Reinserts the provisions of the introduced bill. Makes technical and grammatical changes in the bill. Provides that no expert employed or contracted by the Department of Human Services shall be ordered to perform, in the expert's official capacity, an initial fitness examination for fitness. Provides that no facility of the Department of Human Services shall be utilized for performing a fitness evaluation. Provides that the child's counsel must be allowed to be present at the evaluation conducted, if requested by the child's counsel. Deletes provision that at the fitness hearing subject to the rules of evidence, matters of admissibility on issue of the child's fitness include, but are not limited to, the unfitness standard provided in these provisions. Provides that when the court orders services to attain fitness, the court shall determine if the child will receive services on an inpatient or outpatient basis. If inpatient, the child shall be placed at a facility approved by the Department of Human Services to provide residential, restoration care and treatment. Provides that if the court orders the child to receive services on an outpatient basis, such services shall be rendered in the community at a program approved by the Department of Human Services. Provides that for a child charged with a misdemeanor, the maximum total period shall be no longer than the length of the sentence that could be imposed if the child were adjudicated delinquent of the misdemeanor offense for which the child was charged, or one year whichever is shorter. Effective July 1, 2023.

Actions 
DateChamber Action
  1/20/2023HouseFiled with the Clerk by Rep. Lakesia Collins
  1/31/2023HouseFirst Reading
  1/31/2023HouseReferred to Rules Committee
  2/10/2023HouseAdded Co-Sponsor Rep. Nicholas K. Smith
  2/21/2023HouseAssigned to Judiciary - Criminal Committee
  2/22/2023HouseAdded Co-Sponsor Rep. Justin Slaughter
  2/23/2023HouseAdded Co-Sponsor Rep. Maurice A. West, II
  2/27/2023HouseAdded Co-Sponsor Rep. Kevin John Olickal
  2/27/2023HouseAdded Co-Sponsor Rep. Edgar González, Jr.
  2/27/2023HouseAdded Co-Sponsor Rep. Anne Stava-Murray
  3/6/2023HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Lakesia Collins
  3/6/2023HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/7/2023HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  3/7/2023HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Criminal Committee; by Voice Vote
  3/7/2023HouseDo Pass as Amended / Short Debate Judiciary - Criminal Committee; 010-004-000
  3/8/2023HousePlaced on Calendar 2nd Reading - Short Debate
  3/14/2023HouseSecond Reading - Short Debate
  3/14/2023HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/23/2023HouseAdded Co-Sponsor Rep. Dagmara Avelar
  3/23/2023HouseThird Reading - Short Debate - Passed 071-038-000
  3/24/2023SenateArrive in Senate
  3/24/2023SenatePlaced on Calendar Order of First Reading
  3/24/2023SenateChief Senate Sponsor Sen. Cristina H. Pacione-Zayas
  3/24/2023SenateFirst Reading
  3/24/2023SenateReferred to Assignments
  4/5/2023SenateAdded as Alternate Chief Co-Sponsor Sen. Willie Preston
  4/10/2023SenateAdded as Alternate Chief Co-Sponsor Sen. Ann Gillespie
  4/18/2023SenateAdded as Alternate Chief Co-Sponsor Sen. Robert Peters
  4/20/2023SenateAdded as Alternate Chief Co-Sponsor Sen. Karina Villa
  5/10/2023SenateAlternate Chief Sponsor Changed to Sen. Ann Gillespie
  5/10/2023SenateAdded as Alternate Chief Co-Sponsor Sen. Cristina H. Pacione-Zayas
  2/20/2024SenateAlternate Chief Sponsor Changed to Sen. Lakesia Collins
  4/8/2024SenateAdded as Alternate Co-Sponsor Sen. Rachel Ventura
  10/10/2024SenateAdded as Alternate Co-Sponsor Sen. Adriane Johnson
  11/21/2024SenateAdded as Alternate Co-Sponsor Sen. Laura M. Murphy
  1/7/2025HouseSession Sine Die