HB5932eng 96TH GENERAL ASSEMBLY

HB5932 Engrossed LRB096 18377 RLC 33754 b

AN ACT concerning children.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Bill of Rights for Children is amended by changing Section 2 and by adding Section 3.5 as follows:

(725 ILCS 115/2) (from Ch. 38, par. 1352)

Sec. 2. Purposes. The purpose of this Act is to ensure the fair and compassionate treatment of children involved in the criminal justice system and involved in juvenile court proceedings concerning their abuse, neglect, or dependency by affording certain basic rights and considerations to these children.

(Source: P.A. 86-862.)

(725 ILCS 115/3.5 new)

Sec. 3.5. Abuse, neglect, and dependency cases; right to guardian ad litem. If a petition is filed under Article II of the Juvenile Court Act of 1987 alleging that a minor is an abused, neglected, or dependent minor, the person filing the petition shall inform the minor, if capable of understanding, and his or her parents or custodian that the court will appoint a guardian ad litem to protect the minor's interests if the minor is alleged to be an abused or neglected child or is alleged to be the victim of a sex offense and that charges have been filed against a defendant in court and that such minor is the alleged victim of the acts of the defendant in the commission of such offense. The person filing the petition shall inform the minor, if capable of understanding, and his or her parents or custodian, that the court may appoint a guardian ad litem if there may be a conflict of interest between the minor and his or her parents or other custodian or that it is in the minor's best interest that such guardian ad litem be appointed.

Section 10. The Rights of Crime Victims and Witnesses Act is amended by adding Section 6.5 as follows:

(725 ILCS 120/6.5 new)

Sec. 6.5. Minors under 18 years of age; guardian ad litem. In any case in which a minor under 18 years of age is the alleged victim or witness of a violent crime, the court may appoint a guardian ad litem for the minor if the court finds that there is a conflict between the minor and his or her parent, guardian, or other custodian or that it is otherwise in the minor's best interest that a guardian ad litem be appointed. Unless the guardian ad litem is an attorney, the guardian shall be represented in the performance of his or her duties by counsel.