State of Illinois
2023 and 2024


Introduced 1/16/2024, by Rep. Travis Weaver


705 ILCS 405/5-505

    Amends the Juvenile Court Act of 1987. Provides that, if a minor is charged with the commission of a delinquent act and if the court has made a probable cause determination, then the court must conduct a hearing and must order the minor to take certain actions, but authorizes (and does not require) the court to order the minor to take other actions. (Now, if a minor is charged with the commission of a delinquent act, a court is authorized (but not required) to conduct a hearing and is authorized (but not required) to order the minor to take certain actions.)

LRB103 34146 RJT 63964 b





HB4315LRB103 34146 RJT 63964 b

1    AN ACT concerning criminal law.
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 5-505 as follows:
6    (705 ILCS 405/5-505)
7    Sec. 5-505. Pre-trial conditions order.
8    (1) If a minor is charged with the commission of a
9delinquent act and the court has made a probable cause
10determination, at any appearance of the minor before the court
11prior to trial, the court shall may conduct a hearing and order
12the minor to determine whether the minor should be required to
13do any of the following:
14        (a) not violate any criminal statute of any
15    jurisdiction;
16        (b) make a report to and appear in person before any
17    person or agency as directed by the court;
18        (c) refrain from possessing a firearm or other
19    dangerous weapon, or an automobile;
20        (d) reside with and follow the rules of the minor's
21    parents or in a foster home; and
22        (e) attend school. ;
23    (1.5) The court may order the minor to do any of the



HB4315- 2 -LRB103 34146 RJT 63964 b

2        (a) (f) attend a non-residential program for youth;
3        (b) (g) comply with curfew requirements as designated
4    by the court;
5        (c) (h) refrain from entering into a designated
6    geographic area except upon terms as the court finds
7    appropriate. The terms may include consideration of the
8    purpose of the entry, the time of day, other persons
9    accompanying the minor, advance approval by the court, and
10    any other terms the court may deem appropriate;
11        (d) (i) refrain from having any contact, directly or
12    indirectly, with certain specified persons or particular
13    types of persons, including but not limited to members of
14    street gangs and drug users or dealers; or
15        (e) (j) comply with any other conditions as may be
16    ordered by the court.
17    No hearing may be held unless the minor is represented by
18counsel. If the court determines that there is probable cause
19to believe the minor is a delinquent minor and that it is in
20the best interests of the minor that the court impose any or
21all of the conditions listed in paragraphs (a) through (j) of
22this subsection (1), then the court shall order the minor to
23abide by all of the conditions ordered by the court.
24    (2) If the court issues a pre-trial conditions order as
25provided in subsection (1), the court shall inform the minor
26and provide a copy of the pre-trial conditions order effective



HB4315- 3 -LRB103 34146 RJT 63964 b

1under this Section.
2    (3) The provisions of the pre-trial conditions order
3issued under this Section may be continued through the
4sentencing hearing if the court deems the action reasonable
5and necessary. Nothing in this Section shall preclude the
6minor from applying to the court at any time for modification
7or dismissal of the order or the State's Attorney from
8applying to the court at any time for additional provisions
9under the pre-trial conditions order, modification of the
10order, or dismissal of the order.
11(Source: P.A. 103-22, eff. 8-8-23.)