Bill Status of HB4044  99th General Assembly


Short Description:  CRIM PRO-UNFIT DEFENDANT

House Sponsors
Rep. William Davis - Patricia R. Bellock - Elgie R. Sims, Jr.

Senate Sponsors
(Sen. Mattie Hunter)

Last Action
DateChamber Action
  8/21/2015HousePublic Act . . . . . . . . . 99-0435

Statutes Amended In Order of Appearance
725 ILCS 5/104-17from Ch. 38, par. 104-17
725 ILCS 5/104-20from Ch. 38, par. 104-20


Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963. Provides that the clerk of the circuit court shall transmit to the Department of Human Services, agency or institution, if any, to which an unfit defendant is remanded for treatment the complete copy of any fitness report prepared or other report prepared by a forensic examiner for the court. Provides that if the court finds that the defendant is still unfit after being recommended as fit by the supervisor of the defendant's treatment, the court shall attach a copy of any written report that identifies the factors in the finding that the defendant continues to be unfit, prepared by a licensed physician, clinical psychologist, or psychiatrist, to the court order remanding the person for further treatment.

Senate Committee Amendment No. 1
Deletes reference to:
725 ILCS 5/104-17
725 ILCS 5/104-20
Adds reference to:
705 ILCS 405/6-12

Replaces everything after the enacting clause. Amends provisions of the Juvenile Court Act of 1987 relating to juvenile justice councils. Provides that each county, or any group of contiguous counties under an intergovernmental agreement or, in counties having a population of 3,000,000 or more, any township or group of those townships may, at the initiative of any State's Attorney, Public Defender, court services director, probation officer, county board member, regional superintendent of schools, sheriff, chief of police, judge serving in a juvenile court within the jurisdiction, or governing body of any Redeploy Illinois site serving any part of that area (rather than each county or group of counties pursuant to an intergovernmental agreement) establish a juvenile justice council. Provides that the Public Defender shall also designate a representative to serve on the council. Provides that additional members appointed to the council by the chairperson shall be with the advice and consent of the council. Provides that the additional members may include a judge who hears juvenile cases in the jurisdiction in which the council sits, community youth service providers, faith based organizations, the State or local board of education, any family violence coordinating council, any domestic violence agency, any children's advocacy center, any serious and habitual offender comprehensive action program, the Department of Human Services, the Chamber of Commerce, any director of court services, and local justice involved youth. Provides that the number of voting members of any juvenile justice council shall not exceed 21. Deletes a provision that the chairperson shall appoint, whenever possible, a local Chief of Police and a representative of a community youth service provider to the council. Provides that the juvenile justice council shall meet monthly (rather than from time to time but no less than semi-annually) for the purpose of encouraging the initiation of, or supporting ongoing, interagency cooperation and programs to address juvenile delinquency and juvenile crime. Provides that in counties having a population of 3,000,000 or more, the juvenile justice council shall provide for local area council participation in its by-laws. Deletes a provision that the duties of the council are to provide a forum for the presentation of interagency recommendations and the resolution of disagreements relating to the contents of the county interagency agreement or the performance by the parties of their respective obligations under the agreement. Includes in the duties of the council: (1) facilitating community based collaboration and perspective on oversight, research, and evaluation of activities, programs, and policies directed towards and impacting the lives of juveniles; (2) planning for and supporting applications for Redeploy Illinois, and development of funding for screening, assessment, and risk-appropriate, evidence-informed services to reduce commitments to the Department of Juvenile Justice; and (3) planning for and supporting the development of funding for screening, assessment, and risk-appropriate, evidence-informed services to youth reentering the community from detention in a county detention center or commitment from the Department of Juvenile Justice. Provides that a council which is the sole council serving any part of the area of an established Redeploy Illinois site may, in its discretion, and at the request of the Redeploy Illinois governing body of the site, undertake and maintain governance of the site under the Probation and Probation Officers Act.

Actions 
DateChamber Action
  2/27/2015HouseFiled with the Clerk by Rep. Patricia R. Bellock
  2/27/2015HouseFirst Reading
  2/27/2015HouseReferred to Rules Committee
  3/16/2015HouseAssigned to Judiciary - Criminal Committee
  3/24/2015HouseDo Pass / Short Debate Judiciary - Criminal Committee; 015-000-000
  3/25/2015HousePlaced on Calendar 2nd Reading - Short Debate
  4/22/2015HouseSecond Reading - Short Debate
  4/22/2015HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/23/2015HouseThird Reading - Short Debate - Passed 115-000-000
  4/23/2015SenateArrive in Senate
  4/23/2015SenatePlaced on Calendar Order of First Reading April 28, 2015
  4/27/2015SenateChief Senate Sponsor Sen. Tim Bivins
  4/28/2015SenateFirst Reading
  4/28/2015SenateReferred to Assignments
  5/7/2015SenateAlternate Chief Sponsor Changed to Sen. Mattie Hunter
  5/7/2015SenateAssigned to Criminal Law
  5/8/2015SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Mattie Hunter
  5/8/2015SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/12/2015SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law
  5/13/2015SenateSenate Committee Amendment No. 1 Adopted
  5/13/2015SenateDo Pass as Amended Criminal Law; 011-000-000
  5/13/2015SenatePlaced on Calendar Order of 2nd Reading May 14, 2015
  5/18/2015SenateSecond Reading
  5/18/2015SenatePlaced on Calendar Order of 3rd Reading May 19, 2015
  5/20/2015SenateThird Reading - Passed; 057-000-000
  5/20/2015HouseArrived in House
  5/20/2015HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/20/2015HouseChief Sponsor Changed to Rep. William Davis
  5/20/2015HouseAdded Chief Co-Sponsor Rep. Patricia R. Bellock
  5/20/2015HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. William Davis
  5/20/2015HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/25/2015HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 003-000-000
  5/30/2015HouseAdded Chief Co-Sponsor Rep. Elgie R. Sims, Jr.
  5/31/2015HouseSenate Committee Amendment No. 1 House Concurs 109-000-000
  5/31/2015HouseHouse Concurs
  5/31/2015HousePassed Both Houses
  6/29/2015HouseSent to the Governor
  8/21/2015HouseGovernor Approved
  8/21/2015HouseEffective Date January 1, 2016
  8/21/2015HousePublic Act . . . . . . . . . 99-0435