Illinois General Assembly - Full Text of HB5288
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Full Text of HB5288  102nd General Assembly

HB5288 102ND GENERAL ASSEMBLY

  
  

 


 
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.


LRB102 22554 RLC 31695 b

 

 

A BILL FOR

 

HB5288LRB102 22554 RLC 31695 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 5-401 as follows:
 
6    (705 ILCS 405/5-401)
7    Sec. 5-401. Arrest and taking into custody of a minor.
8    (1) A law enforcement officer may, without a warrant,
9        (a) arrest a minor whom the officer with probable
10    cause believes to be a delinquent minor; or
11        (b) take into custody a minor who has been adjudged a
12    ward of the court and has escaped from any commitment
13    ordered by the court under this Act; or
14        (c) take into custody a minor whom the officer
15    reasonably believes has violated the conditions of
16    probation or supervision ordered by the court.
17    (2) Whenever a petition has been filed under Section 5-520
18and the court finds that the conduct and behavior of the minor
19may endanger the health, person, welfare, or property of the
20minor or others or that the circumstances of his or her home
21environment may endanger his or her health, person, welfare or
22property, a warrant may be issued immediately to take the
23minor into custody.

 

 

HB5288- 2 -LRB102 22554 RLC 31695 b

1    (3) Except for minors accused of violation of an order of
2the court, any minor accused of any act under federal or State
3law, or a municipal or county ordinance that would not be
4illegal if committed by an adult, cannot be placed in a jail,
5municipal lockup, detention center, or secure correctional
6facility. Juveniles accused with underage consumption and
7underage possession of alcohol or cannabis cannot be placed in
8a jail, municipal lockup, detention center, or correctional
9facility.
10    (4) No minor arrested or taken into custody for an offense
11that if committed by an adult would be vehicular hijacking
12under Section 18-3 of the Criminal Code of 2012 or aggravated
13vehicular hijacking under Section 18-4 of the Criminal Code of
142012 shall be released from custody for at least 36 hours after
15the minor's arrest or taking into custody until an assessment
16has been made by the court that the conduct and behavior of the
17minor does not endanger the health, person, welfare, or
18property of the minor or others or that the circumstances of
19his or her home environment does not endanger his or her
20health, person, welfare or property. After the assessment has
21been made, if the court determines that the conduct and
22behavior of the minor does endanger the health, person,
23welfare, or property of the minor or others or that the
24circumstances of his or her home environment does endanger his
25or her health, person, welfare or property, the minor shall be
26held in custody until the disposition of the minor's case at

 

 

HB5288- 3 -LRB102 22554 RLC 31695 b

1the adjudicatory hearing held under this Article.
2(Source: P.A. 101-27, eff. 6-25-19.)