Full Text of HB4583 96th General Assembly
HB4583enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Juvenile Court Act of 1987 is amended by | 5 |
| changing Sections 3-1, 3-7, and 3-15 and by adding Section 3-40 | 6 |
| as follows: | 7 |
| (705 ILCS 405/3-1) (from Ch. 37, par. 803-1) | 8 |
| Sec. 3-1. Jurisdictional facts. Proceedings may be | 9 |
| instituted under
this Article concerning boys and girls who | 10 |
| require authoritative intervention
as defined in Section 3-3 , | 11 |
| or who are truant minors in need of supervision
as defined in | 12 |
| Section 3-33.5 , or who are minors involved in electronic | 13 |
| dissemination of indecent visual depictions in need of | 14 |
| supervision as defined in Section 3-40 . | 15 |
| (Source: P.A. 94-1011, eff. 7-7-06.) | 16 |
| (705 ILCS 405/3-7) (from Ch. 37, par. 803-7) | 17 |
| Sec. 3-7. Taking into temporary custody. | 18 |
| (1) A law enforcement officer may, without a warrant, take | 19 |
| into
temporary custody a minor (a) whom the officer with | 20 |
| reasonable cause
believes to be a minor requiring authoritative | 21 |
| intervention; (b) who has been
adjudged a ward of the court and | 22 |
| has escaped from any commitment ordered by
the court under this |
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| Act; or (c) who is found in any street or public place
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| suffering from any sickness or injury which requires care, | 3 |
| medical
treatment or hospitalization ; or (d) whom the officer | 4 |
| with reasonable cause believes to be a minor in need of | 5 |
| supervision under Section 3-40 . | 6 |
| (2) Whenever a petition has been filed under Section 3-15 | 7 |
| and the
court finds that the conduct and behavior of the minor | 8 |
| may endanger the
health, person, welfare, or property of | 9 |
| himself or others or that the
circumstances of his home | 10 |
| environment may endanger his health, person,
welfare or | 11 |
| property, a warrant may be issued immediately to take the minor
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| into custody. | 13 |
| (3) The taking of a minor into temporary custody under this | 14 |
| Section is
not an arrest nor does it constitute a police | 15 |
| record. | 16 |
| (4) No minor taken into temporary custody shall be placed | 17 |
| in a jail,
municipal lockup, detention center, or secure | 18 |
| correctional facility. | 19 |
| (Source: P.A. 87-1154.) | 20 |
| (705 ILCS 405/3-15) (from Ch. 37, par. 803-15) | 21 |
| Sec. 3-15. Petition; supplemental petitions. | 22 |
| (1) Any adult person, any
agency or association by its | 23 |
| representative may file, or the court on its
own motion may | 24 |
| direct the filing through the State's Attorney of a petition
in | 25 |
| respect to a minor under this Act. The petition and all |
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| subsequent court
documents shall be entitled "In the interest | 2 |
| of ...., a minor". | 3 |
| (2) The petition shall be verified but the statements may | 4 |
| be made
upon information and belief. It shall allege that the | 5 |
| minor
requires authoritative intervention or supervision and | 6 |
| set forth (a) facts sufficient to
bring the minor under Section | 7 |
| 3-3 , or 3-33.5 , or 3-40 ;
(b) the name, age and residence of the | 8 |
| minor; (c) the
names and residences of his parents; (d) the | 9 |
| name and residence of his
legal guardian or the person or | 10 |
| persons having custody or control of the
minor, or of the | 11 |
| nearest known relative if no parent or guardian can be
found; | 12 |
| and (e) if the minor upon whose behalf the petition is brought | 13 |
| is
sheltered in custody, the date on which shelter care was | 14 |
| ordered by the
court or the date set for a shelter care | 15 |
| hearing. If any of the facts
herein required are not known by | 16 |
| the petitioner, the petition shall so
state. | 17 |
| (3) The petition must allege that it is in the best | 18 |
| interests of the
minor and of the public that he be adjudged a | 19 |
| ward of the court and may
pray generally for relief available | 20 |
| under this Act. The petition need
not specify any proposed | 21 |
| disposition following adjudication of wardship. | 22 |
| (4) If appointment of a guardian of the person with power | 23 |
| to consent
to adoption of the minor under Section 3-30 is | 24 |
| sought, the petition shall
so state. | 25 |
| (5) At any time before dismissal of the petition or before | 26 |
| final
closing and discharge under Section 3-32, one or more |
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| supplemental
petitions may be filed in respect to the same | 2 |
| minor. | 3 |
| (Source: P.A. 94-1011, eff. 7-7-06.) | 4 |
| (705 ILCS 405/3-40 new) | 5 |
| Sec. 3-40. Minors involved in electronic dissemination of | 6 |
| indecent visual depictions in need of supervision. | 7 |
| (a) For the purposes of this Section: | 8 |
| "Computer" has the meaning ascribed to it in Section 16D-2 | 9 |
| of the Criminal Code of 1961. | 10 |
| "Electronic communication device" means an electronic | 11 |
| device, including but not limited to a wireless telephone, | 12 |
| personal digital assistant, or a portable or mobile computer, | 13 |
| that is capable of transmitting images or pictures. | 14 |
| "Indecent visual depiction" means a depiction or portrayal | 15 |
| in any pose, posture, or setting involving a lewd exhibition of | 16 |
| the unclothed or transparently clothed genitals, pubic area, | 17 |
| buttocks, or, if such person is female, a fully or partially | 18 |
| developed breast of the person. | 19 |
| "Minor" means a person under 18 years of age. | 20 |
| (b) A minor shall not distribute or disseminate an indecent | 21 |
| visual depiction of another minor through the use of a computer | 22 |
| or electronic communication device. | 23 |
| (c) Adjudication. A minor who violates subsection (b) of | 24 |
| this Section may be subject to a petition for adjudication and | 25 |
| adjudged a minor in need of supervision. |
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| (d) Kinds of dispositional orders. A minor found to be in | 2 |
| need of supervision under this Section may be: | 3 |
| (1) ordered to obtain counseling or other supportive | 4 |
| services to address the acts that led to the need for | 5 |
| supervision; or | 6 |
| (2) ordered to perform community service. | 7 |
| (e) Nothing in this Section shall be construed to prohibit | 8 |
| a prosecution for disorderly conduct, public indecency, child | 9 |
| pornography, a violation of the Harassing and Obscene | 10 |
| Communications Act, or any other applicable provision of law.
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