Bill Status of SB 2042   103rd General Assembly

Short Description:  JUV CT-FITNESS STAND TRIAL

Senate Sponsors
Sen. Don Harmon-Mattie Hunter-Kimberly A. Lightford-Robert Peters, Adriane Johnson, Robert F. Martwick, Meg Loughran Cappel, Laura Ellman, Laura M. Murphy, Laura Fine, Elgie R. Sims, Jr., Mary Edly-Allen, Rachel Ventura-Karina Villa, Celina Villanueva and Sara Feigenholtz

Last Action  View All Actions

DateChamber Action
  3/10/2023SenateRule 3-9(a) / Re-referred to Assignments

Statutes Amended In Order of Appearance
705 ILCS 405/Art. 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 Juvenile Court Act of 1987. Establishes procedures for determining whether a child is fit to stand trial. Provides that the procedures apply to a child under the age of 21, regardless of whether the person is subject to the Act or prosecuted under the criminal laws of the State. Provides that unfitness may result from the presence of any condition or confluence of conditions, including, but not limited to, mental illness, substance use disorder, developmental disability, chronological immaturity, relative immaturity, or child traumatic stress. Provides that a diagnosis is not required for a finding of unfitness. Provides that a child is unfit when the child either: (1) lacks sufficient present ability to consult with the child's attorney with a reasonable degree of rational understanding, as evidenced by lacking the ability to disclose to the attorney facts pertinent to the proceedings at issue and to assist in the child's defense; or (2) lacks a rational or a factual understanding of the proceedings against the child, as evidenced by certain specified factors. Provides that the issue of the child's fitness to stand trial, to plead, or to be sentenced may be raised by the child's attorney, the State, or the court at any time before a plea is entered or before, during, or after trial. Provides that in making determinations on the issue of a child's fitness, the following burdens of proof and presumptions shall apply: (1) when the court finds a bona fide doubt as to the fitness of a child, the State bears the burden of proving that the child is fit by clear and convincing evidence; and (2) a child who is receiving medication shall not be presumed to be fit or unfit to stand trial solely by virtue of the receipt of that medication. Provides that the Illinois Juvenile Justice Commission shall develop and recommend mechanisms to collect and analyze data, disaggregated by race, ethnicity, gender, geography, age, and socioeconomic status, resulting from the implementation of these provisions. Provides that the report and recommendations shall be submitted to the General Assembly on or before January 1, 2024. Contains a severability provision. Effective July 1, 2023.

Actions 
DateChamber Action
  2/9/2023SenateFiled with Secretary by Sen. Cristina H. Pacione-Zayas
  2/9/2023SenateFirst Reading
  2/9/2023SenateReferred to Assignments
  2/21/2023SenateAssigned to Special Committee on Criminal Law and Public Safety
  2/24/2023SenateAdded as Chief Co-Sponsor Sen. Mattie Hunter
  2/24/2023SenateAdded as Chief Co-Sponsor Sen. Kimberly A. Lightford
  2/24/2023SenateAdded as Chief Co-Sponsor Sen. Robert Peters
  3/3/2023SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Cristina H. Pacione-Zayas
  3/3/2023SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/7/2023SenateSenate Committee Amendment No. 1 Assignments Refers to Special Committee on Criminal Law and Public Safety
  3/9/2023SenateAdded as Co-Sponsor Sen. Adriane Johnson
  3/9/2023SenateAdded as Co-Sponsor Sen. Robert F. Martwick
  3/9/2023SenateAdded as Co-Sponsor Sen. Meg Loughran Cappel
  3/9/2023SenateAdded as Co-Sponsor Sen. Laura Ellman
  3/10/2023SenateSenate Committee Amendment No. 1 Postponed - Special Committee on Criminal Law and Public Safety
  3/10/2023SenatePostponed - Special Committee on Criminal Law and Public Safety
  3/10/2023SenateAdded as Co-Sponsor Sen. Laura M. Murphy
  3/10/2023SenateSenate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments
  3/10/2023SenateRule 3-9(a) / Re-referred to Assignments
  3/14/2023SenateAdded as Co-Sponsor Sen. Laura Fine
  3/16/2023SenateAdded as Co-Sponsor Sen. Elgie R. Sims, Jr.
  3/20/2023SenateAdded as Co-Sponsor Sen. Mary Edly-Allen
  3/22/2023SenateAdded as Co-Sponsor Sen. Rachel Ventura
  3/23/2023SenateAdded as Chief Co-Sponsor Sen. Karina Villa
  3/23/2023SenateAdded as Co-Sponsor Sen. Celina Villanueva
  3/28/2023SenateAdded as Co-Sponsor Sen. Sara Feigenholtz
  6/12/2023SenateChief Sponsor Changed to Sen. Don Harmon

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