HB5288 102ND GENERAL ASSEMBLY

LRB102 22554 RLC 31695 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5288

Introduced 1/31/2022, by Rep. Marcus C. Evans, Jr.

SYNOPSIS AS INTRODUCED:

705 ILCS 405/5-401

Amends the Juvenile Court Act of 1987. Provides that no minor arrested or taken into custody for an offense that if committed by an adult would be vehicular hijacking or aggravated vehicular hijacking shall be released from custody for at least 36 hours after the minor's arrest or taking into custody until an assessment by the court that the conduct and behavior of the minor does not endanger the health, person, welfare, or property of the minor or others or that the circumstances of his or her home environment does not endanger his or her health, person, welfare or property. Provides that if the court after the assessment determines that the conduct and behavior of the minor does endanger the health, person, welfare, or property of the minor or others or that the circumstances of his or her home environment does endanger his or her health, person, welfare or property, the minor shall be held in custody until the disposition of the minor's case at the adjudicatory hearing held under the Delinquent Minors Article of the Act.

A BILL FOR

AN ACT concerning courts.

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

Section 5. The Juvenile Court Act of 1987 is amended by changing Section 5-401 as follows:

(705 ILCS 405/5-401)

Sec. 5-401. Arrest and taking into custody of a minor.

(1) A law enforcement officer may, without a warrant,

(a) arrest a minor whom the officer with probable cause believes to be a delinquent minor; or

(b) take into custody a minor who has been adjudged a ward of the court and has escaped from any commitment ordered by the court under this Act; or

(c) take into custody a minor whom the officer reasonably believes has violated the conditions of probation or supervision ordered by the court.

(2) Whenever a petition has been filed under Section 5-520 and the court finds that the conduct and behavior of the minor may endanger the health, person, welfare, or property of the minor or others or that the circumstances of his or her home environment may endanger his or her health, person, welfare or property, a warrant may be issued immediately to take the minor into custody.

(3) Except for minors accused of violation of an order of the court, any minor accused of any act under federal or State law, or a municipal or county ordinance that would not be illegal if committed by an adult, cannot be placed in a jail, municipal lockup, detention center, or secure correctional facility. Juveniles accused with underage consumption and underage possession of alcohol or cannabis cannot be placed in a jail, municipal lockup, detention center, or correctional facility.

(4) No minor arrested or taken into custody for an offense that if committed by an adult would be vehicular hijacking under Section 18-3 of the Criminal Code of 2012 or aggravated vehicular hijacking under Section 18-4 of the Criminal Code of 2012 shall be released from custody for at least 36 hours after the minor's arrest or taking into custody until an assessment has been made by the court that the conduct and behavior of the minor does not endanger the health, person, welfare, or property of the minor or others or that the circumstances of his or her home environment does not endanger his or her health, person, welfare or property. After the assessment has been made, if the court determines that the conduct and behavior of the minor does endanger the health, person, welfare, or property of the minor or others or that the circumstances of his or her home environment does endanger his or her health, person, welfare or property, the minor shall be held in custody until the disposition of the minor's case at the adjudicatory hearing held under this Article.

(Source: P.A. 101-27, eff. 6-25-19.)