Full Text of HB0747 94th General Assembly
HB0747eng 94TH GENERAL ASSEMBLY
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| AN ACT concerning minors.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Juvenile Court Act of 1987 is amended by | 5 |
| changing
Sections 5-615 and 5-710 as follows:
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| (705 ILCS 405/5-615)
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| Sec. 5-615. Continuance under supervision.
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| (1) The court may enter an order of continuance under | 9 |
| supervision for an
offense other than first degree murder, a | 10 |
| Class X felony or a forcible felony
(a) upon an admission or | 11 |
| stipulation by the appropriate respondent or minor
respondent | 12 |
| of the facts supporting the
petition and before proceeding to | 13 |
| adjudication, or after hearing the evidence
at the trial, and | 14 |
| (b) in the absence of objection made in open court by the
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| minor, his or her parent, guardian, or legal custodian, the | 16 |
| minor's attorney or
the
State's Attorney.
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| (2) If the minor, his or her parent, guardian, or legal | 18 |
| custodian, the
minor's
attorney or State's Attorney objects in | 19 |
| open court to any continuance and
insists upon proceeding to | 20 |
| findings and adjudication, the court shall so
proceed.
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| (3) Nothing in this Section limits the power of the court | 22 |
| to order a
continuance of the hearing for the production of | 23 |
| additional evidence or for any
other proper reason.
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| (4) When a hearing where a minor is alleged to be a | 25 |
| delinquent is
continued
pursuant to this Section, the period of | 26 |
| continuance under supervision may not
exceed 24 months. The | 27 |
| court may terminate a continuance under supervision at
any time | 28 |
| if warranted by the conduct of the minor and the ends of | 29 |
| justice.
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| (5) When a hearing where a minor is alleged to be | 31 |
| delinquent is continued
pursuant to this Section, the court | 32 |
| may, as conditions of the continuance under
supervision, |
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| require the minor to do any of the following:
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| (a) not violate any criminal statute of any | 3 |
| jurisdiction;
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| (b) make a report to and appear in person before any | 5 |
| person or agency as
directed by the court;
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| (c) work or pursue a course of study or vocational | 7 |
| training;
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| (d) undergo medical or psychotherapeutic treatment | 9 |
| rendered by a therapist
licensed under the provisions of | 10 |
| the Medical Practice Act of 1987, the
Clinical Psychologist | 11 |
| Licensing Act, or the Clinical Social Work and Social
Work | 12 |
| Practice Act, or an entity licensed by the Department of | 13 |
| Human Services as
a successor to the Department of | 14 |
| Alcoholism and Substance Abuse, for the
provision of drug | 15 |
| addiction and alcoholism treatment;
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| (e) attend or reside in a facility established for the | 17 |
| instruction or
residence of persons on probation;
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| (f) support his or her dependents, if any;
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| (g) pay costs;
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| (h) refrain from possessing a firearm or other | 21 |
| dangerous weapon, or an
automobile;
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| (i) permit the probation officer to visit him or her at | 23 |
| his or her home or
elsewhere;
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| (j) reside with his or her parents or in a foster home;
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| (k) attend school;
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| (k-5) with the consent of the superintendent
of the
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| facility, attend an educational program at a facility other | 28 |
| than the school
in which the
offense was committed if he
or | 29 |
| she committed a crime of violence as
defined in
Section 2 | 30 |
| of the Crime Victims Compensation Act in a school, on the
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| real
property
comprising a school, or within 1,000 feet of | 32 |
| the real property comprising a
school;
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| (l) attend a non-residential program for youth;
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| (m) contribute to his or her own support at home or in | 35 |
| a foster home;
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| (n) perform some reasonable public or community |
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| service;
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| (o) make restitution to the victim, in the same manner | 3 |
| and under the same
conditions as provided in subsection (4) | 4 |
| of Section 5-710, except that the
"sentencing hearing" | 5 |
| referred
to in that Section shall be the adjudicatory | 6 |
| hearing for purposes of this
Section;
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| (p) comply with curfew requirements as designated by | 8 |
| the court;
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| (q) refrain from entering into a designated geographic | 10 |
| area except upon
terms as the court finds appropriate. The | 11 |
| terms may include consideration of
the purpose of the | 12 |
| entry, the time of day, other persons accompanying the
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| minor, and advance approval by a probation officer;
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| (r) refrain from having any contact, directly or | 15 |
| indirectly, with certain
specified persons or particular | 16 |
| types of persons, including but not limited to
members of | 17 |
| street gangs and drug users or dealers;
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| (r-5) undergo a medical or other procedure to have a | 19 |
| tattoo symbolizing
allegiance to a street gang removed from | 20 |
| his or her body;
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| (s) refrain from having in his or her body the presence | 22 |
| of any illicit
drug
prohibited by the Cannabis Control Act | 23 |
| or the Illinois Controlled Substances
Act, unless | 24 |
| prescribed by a physician, and submit samples of his or her | 25 |
| blood
or urine or both for tests to determine the presence | 26 |
| of any illicit drug; or
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| (t) comply with any other conditions as may be ordered | 28 |
| by the court.
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| (6) A minor whose case is continued under supervision under | 30 |
| subsection (5)
shall be given a certificate setting forth the | 31 |
| conditions imposed by the court.
Those conditions may be | 32 |
| reduced, enlarged, or modified by the court on motion
of the | 33 |
| probation officer or on its own motion, or that of the State's | 34 |
| Attorney,
or, at the request of the minor after notice and | 35 |
| hearing.
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| (7) If a petition is filed charging a violation of a |
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| condition of the
continuance under supervision, the court shall | 2 |
| conduct a hearing. If the court
finds that a condition of | 3 |
| supervision has not been fulfilled, the court may
proceed to | 4 |
| findings and adjudication and disposition. The filing of a | 5 |
| petition
for violation of a condition of the continuance under | 6 |
| supervision shall toll
the period of continuance under | 7 |
| supervision until the final determination of
the charge, and | 8 |
| the term of the continuance under supervision shall not run
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| until the hearing and disposition of the petition for | 10 |
| violation; provided
where the petition alleges conduct that | 11 |
| does not constitute a criminal offense,
the hearing must be | 12 |
| held within 30 days of the filing of the petition unless a
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| delay shall continue the tolling of the period of continuance | 14 |
| under supervision
for the period of
the delay.
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| (8) When a hearing in which a minor is alleged to be a | 16 |
| delinquent for
reasons that include a violation of Section | 17 |
| 21-1.3 of the Criminal Code of 1961
is continued under this | 18 |
| Section, the court shall, as a condition of the
continuance | 19 |
| under supervision, require the minor to perform community | 20 |
| service
for not less than 30 and not more than 120 hours, if | 21 |
| community service is
available in the jurisdiction. The | 22 |
| community service shall include, but need
not be limited to, | 23 |
| the cleanup and repair of the damage that was caused by the
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| alleged violation or similar damage to property located in the | 25 |
| municipality or
county in which the alleged violation occurred. | 26 |
| The condition may be in
addition to any other condition.
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| (8.5) When a hearing in which a minor is alleged to be a | 28 |
| delinquent for
reasons
that include a violation of Section 3.02 | 29 |
| or Section 3.03 of the Humane Care for
Animals Act or paragraph | 30 |
| (d) of subsection (1)
of Section
21-1 of the Criminal Code of | 31 |
| 1961 is continued under this Section, the court
shall, as a
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| condition of the continuance under supervision, require the | 33 |
| minor to undergo
medical or
psychiatric treatment rendered by a | 34 |
| psychiatrist or psychological treatment
rendered by a
clinical | 35 |
| psychologist. The condition may be in addition to any other
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| condition.
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| (9) When a hearing in which a minor is alleged to be a | 2 |
| delinquent is
continued under this Section, the court, before | 3 |
| continuing the case, shall make
a finding whether the offense | 4 |
| alleged to have been committed either: (i) was
related to or in | 5 |
| furtherance of the activities of an organized gang or was
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| motivated by the minor's membership in or allegiance to an | 7 |
| organized gang, or
(ii) is a violation of paragraph (13) of | 8 |
| subsection (a) of Section 12-2 of the
Criminal Code of 1961, a | 9 |
| violation of any Section of Article 24 of the
Criminal Code of | 10 |
| 1961, or a violation of any statute that involved the unlawful
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| use of a firearm. If the court determines the question in the | 12 |
| affirmative the
court shall, as a condition of the continuance | 13 |
| under supervision and as part of
or in addition to any other | 14 |
| condition of the supervision,
require the minor to perform | 15 |
| community service for not less than 30 hours,
provided that | 16 |
| community service is available in the
jurisdiction and is | 17 |
| funded and approved by the county board of the county where
the | 18 |
| offense was committed. The community service shall include, but | 19 |
| need not
be limited to, the cleanup and repair of any damage | 20 |
| caused by an alleged
violation of Section 21-1.3 of the | 21 |
| Criminal Code of 1961 and similar damage to
property located in | 22 |
| the municipality or county in which the alleged violation
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| occurred. When possible and reasonable, the community service | 24 |
| shall be
performed in the minor's neighborhood. For the | 25 |
| purposes of this Section,
"organized gang" has the meaning | 26 |
| ascribed to it in Section 10 of the Illinois
Streetgang | 27 |
| Terrorism Omnibus Prevention Act.
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| (10) The court shall impose upon a minor placed on | 29 |
| supervision, as a
condition of the supervision, a fee of $25 | 30 |
| for each month of supervision
ordered by the court, unless | 31 |
| after determining the inability of the minor
placed on | 32 |
| supervision to pay the fee, the court assesses a lesser amount. | 33 |
| The
court may not impose the fee on a minor who is made a ward | 34 |
| of the State under
this Act while the minor is in placement. | 35 |
| The fee shall be imposed only upon a
minor who is actively | 36 |
| supervised by the probation and court services
department. A |
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| court may order the parent, guardian, or legal custodian of the
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| minor to pay some or all of the fee on the minor's behalf.
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| (11) If a minor is placed on supervision for a violation of
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| subsection (b) of Section 1 of the Prevention of Tobacco Use by | 5 |
| Minors Act, the
court may, in its discretion, and upon
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| recommendation by the State's Attorney, order that minor and | 7 |
| his or her parents
or legal
guardian to attend a smoker's | 8 |
| education or youth diversion program as defined
in that Act if | 9 |
| that
program is available in the jurisdiction where the | 10 |
| offender resides.
Attendance at a smoker's education or youth | 11 |
| diversion program
shall be time-credited against any community | 12 |
| service time imposed for any
first violation of subsection (b) | 13 |
| of Section 1 of that Act. In addition to any
other
penalty
that | 14 |
| the court may impose for a violation of subsection (b) of | 15 |
| Section 1 of
that Act, the
court, upon request by the State's | 16 |
| Attorney, may in its discretion
require
the offender to remit a | 17 |
| fee for his or her attendance at a smoker's
education or
youth | 18 |
| diversion program.
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| For purposes of this Section, "smoker's education program" | 20 |
| or "youth
diversion program" includes, but is not limited to, a | 21 |
| seminar designed to
educate a person on the physical and | 22 |
| psychological effects of smoking tobacco
products and the | 23 |
| health consequences of smoking tobacco products that can be
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| conducted with a locality's youth diversion program.
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| In addition to any other penalty that the court may impose | 26 |
| under this
subsection
(11):
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| (a) If a minor violates subsection (b) of Section 1 of the | 28 |
| Prevention of
Tobacco Use by Minors Act, the court may
impose a | 29 |
| sentence of 15 hours of
community service or a fine of $25 for | 30 |
| a first violation.
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| (b) A second violation by a minor of subsection (b) of | 32 |
| Section 1 of that Act
that occurs
within 12 months after the | 33 |
| first violation is punishable by a fine of $50 and
25
hours of | 34 |
| community service.
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| (c) A third or subsequent violation by a minor of | 36 |
| subsection (b) of Section
1 of that Act
that
occurs within 12 |
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| months after the first violation is punishable by a $100
fine
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| and 30 hours of community service.
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| (d) Any second or subsequent violation not within the | 4 |
| 12-month time period
after the first violation is punishable as | 5 |
| provided for a first violation.
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| (Source: P.A. 91-98; eff. 1-1-00; 91-332, eff. 7-29-99; 92-16, | 7 |
| eff. 6-28-01;
92-282, eff. 8-7-01; 92-454, eff. 1-1-02; 92-651, | 8 |
| eff. 7-11-02.)
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| (705 ILCS 405/5-710)
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| Sec. 5-710. Kinds of sentencing orders.
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| (1) The following kinds of sentencing orders may be made in | 12 |
| respect of
wards of the court:
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| (a) Except as provided in Sections 5-805, 5-810, 5-815, | 14 |
| a minor who is
found
guilty under Section 5-620 may be:
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| (i) put on probation or conditional discharge and | 16 |
| released to his or her
parents, guardian or legal | 17 |
| custodian, provided, however, that any such minor
who | 18 |
| is not committed to the Department of Corrections, | 19 |
| Juvenile Division under
this subsection and who is | 20 |
| found to be a delinquent for an offense which is
first | 21 |
| degree murder, a Class X felony, or a forcible felony | 22 |
| shall be placed on
probation;
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| (ii) placed in accordance with Section 5-740, with | 24 |
| or without also being
put on probation or conditional | 25 |
| discharge;
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| (iii) required to undergo a substance abuse | 27 |
| assessment conducted by a
licensed provider and | 28 |
| participate in the indicated clinical level of care;
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| (iv) placed in the guardianship of the Department | 30 |
| of Children and Family
Services, but only if the | 31 |
| delinquent minor is under 13 years of age;
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| (v) placed in detention for a period not to exceed | 33 |
| 30 days, either as
the
exclusive order of disposition | 34 |
| or, where appropriate, in conjunction with any
other | 35 |
| order of disposition issued under this paragraph, |
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| provided that any such
detention shall be in a juvenile | 2 |
| detention home and the minor so detained shall
be 10 | 3 |
| years of age or older. However, the 30-day limitation | 4 |
| may be extended by
further order of the court for a | 5 |
| minor under age 13 committed to the Department
of | 6 |
| Children and Family Services if the court finds that | 7 |
| the minor is a danger
to himself or others. The minor | 8 |
| shall be given credit on the sentencing order
of | 9 |
| detention for time spent in detention under Sections | 10 |
| 5-501, 5-601, 5-710, or
5-720 of this
Article as a | 11 |
| result of the offense for which the sentencing order | 12 |
| was imposed.
The court may grant credit on a sentencing | 13 |
| order of detention entered under a
violation of | 14 |
| probation or violation of conditional discharge under | 15 |
| Section
5-720 of this Article for time spent in | 16 |
| detention before the filing of the
petition
alleging | 17 |
| the violation. A minor shall not be deprived of credit | 18 |
| for time spent
in detention before the filing of a | 19 |
| violation of probation or conditional
discharge | 20 |
| alleging the same or related act or acts;
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| (vi) ordered partially or completely emancipated | 22 |
| in accordance with the
provisions of the Emancipation | 23 |
| of Mature Minors Act;
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| (vii) subject to having his or her driver's license | 25 |
| or driving
privileges
suspended for such time as | 26 |
| determined by the court but only until he or she
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| attains 18 years of age;
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| (viii) put on probation or conditional discharge | 29 |
| and placed in detention
under Section 3-6039 of the | 30 |
| Counties Code for a period not to exceed the period
of | 31 |
| incarceration permitted by law for adults found guilty | 32 |
| of the same offense
or offenses for which the minor was | 33 |
| adjudicated delinquent, and in any event no
longer than | 34 |
| upon attainment of age 21; this subdivision (viii) | 35 |
| notwithstanding
any contrary provision of the law; or
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| (ix) ordered to undergo a medical or other |
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| procedure to have a tattoo
symbolizing allegiance to a | 2 |
| street gang removed from his or her body.
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| (b) A minor found to be guilty may be committed to the | 4 |
| Department of
Corrections,
Juvenile Division, under | 5 |
| Section 5-750 if the minor is 13 years of age or
older,
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| provided that the commitment to the Department of | 7 |
| Corrections, Juvenile
Division, shall be made only if a | 8 |
| term of incarceration is permitted by law for
adults found | 9 |
| guilty of the offense for which the minor was adjudicated
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| delinquent. The time during which a minor is in custody | 11 |
| before being released
upon the request of a parent, | 12 |
| guardian or legal custodian shall be considered
as time | 13 |
| spent in detention.
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| (c) When a minor is found to be guilty for an offense | 15 |
| which is a violation
of the Illinois Controlled Substances | 16 |
| Act or the Cannabis Control Act and made
a ward of the | 17 |
| court, the court may enter a disposition order requiring | 18 |
| the
minor to undergo assessment,
counseling or treatment in | 19 |
| a substance abuse program approved by the Department
of | 20 |
| Human Services.
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| (2) Any sentencing order other than commitment to the | 22 |
| Department of
Corrections, Juvenile Division, may provide for | 23 |
| protective supervision under
Section 5-725 and may include an | 24 |
| order of protection under Section 5-730.
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| (3) Unless the sentencing order expressly so provides, it | 26 |
| does not operate
to close proceedings on the pending petition, | 27 |
| but is subject to modification
until final closing and | 28 |
| discharge of the proceedings under Section 5-750.
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| (4) In addition to any other sentence, the court may order | 30 |
| any
minor
found to be delinquent to make restitution, in | 31 |
| monetary or non-monetary form,
under the terms and conditions | 32 |
| of Section 5-5-6 of the Unified Code of
Corrections, except | 33 |
| that the "presentencing hearing" referred to in that
Section
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| shall be
the sentencing hearing for purposes of this Section. | 35 |
| The parent, guardian or
legal custodian of the minor may be | 36 |
| ordered by the court to pay some or all of
the restitution on |
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| the minor's behalf, pursuant to the Parental Responsibility
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| Law. The State's Attorney is authorized to act
on behalf of any | 3 |
| victim in seeking restitution in proceedings under this
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| Section, up to the maximum amount allowed in Section 5 of the | 5 |
| Parental
Responsibility Law.
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| (5) Any sentencing order where the minor is committed or | 7 |
| placed in
accordance
with Section 5-740 shall provide for the | 8 |
| parents or guardian of the estate of
the minor to pay to the | 9 |
| legal custodian or guardian of the person of the minor
such | 10 |
| sums as are determined by the custodian or guardian of the | 11 |
| person of the
minor as necessary for the minor's needs. The | 12 |
| payments may not exceed the
maximum amounts provided for by | 13 |
| Section 9.1 of the Children and Family Services
Act.
| 14 |
| (6) Whenever the sentencing order requires the minor to | 15 |
| attend school or
participate in a program of training, the | 16 |
| truant officer or designated school
official shall regularly | 17 |
| report to the court if the minor is a chronic or
habitual | 18 |
| truant under Section 26-2a of the School Code.
| 19 |
| (7) In no event shall a guilty minor be committed to the | 20 |
| Department of
Corrections, Juvenile Division for a period of | 21 |
| time in
excess of
that period for which an adult could be | 22 |
| committed for the same act.
| 23 |
| (8) A minor found to be guilty for reasons that include a | 24 |
| violation of
Section 21-1.3 of the Criminal Code of 1961 shall | 25 |
| be ordered to perform
community service for not less than 30 | 26 |
| and not more than 120 hours, if
community service is available | 27 |
| in the jurisdiction. The community service
shall include, but | 28 |
| need not be limited to, the cleanup and repair of the damage
| 29 |
| that was caused by the violation or similar damage to property | 30 |
| located in the
municipality or county in which the violation | 31 |
| occurred. The order may be in
addition to any other order | 32 |
| authorized by this Section.
| 33 |
| (8.5) A minor found to be guilty for reasons that include a | 34 |
| violation of
Section
3.02 or Section 3.03 of the Humane Care | 35 |
| for Animals Act or paragraph (d) of
subsection (1) of
Section | 36 |
| 21-1 of
the Criminal Code
of
1961 shall be ordered to undergo |
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| medical or psychiatric treatment rendered by
a
psychiatrist or | 2 |
| psychological treatment rendered by a clinical psychologist.
| 3 |
| The order
may be in addition to any other order authorized by | 4 |
| this Section.
| 5 |
| (9) In addition to any other sentencing order, the court | 6 |
| shall order any
minor found
to be guilty for an act which would | 7 |
| constitute, predatory criminal sexual
assault of a child, | 8 |
| aggravated criminal sexual assault, criminal sexual
assault, | 9 |
| aggravated criminal sexual abuse, or criminal sexual abuse if
| 10 |
| committed by an
adult to undergo medical testing to determine | 11 |
| whether the defendant has any
sexually transmissible disease | 12 |
| including a test for infection with human
immunodeficiency | 13 |
| virus (HIV) or any other identified causative agency of
| 14 |
| acquired immunodeficiency syndrome (AIDS). Any medical test | 15 |
| shall be performed
only by appropriately licensed medical | 16 |
| practitioners and may include an
analysis of any bodily fluids | 17 |
| as well as an examination of the minor's person.
Except as | 18 |
| otherwise provided by law, the results of the test shall be | 19 |
| kept
strictly confidential by all medical personnel involved in | 20 |
| the testing and must
be personally delivered in a sealed | 21 |
| envelope to the judge of the court in which
the sentencing | 22 |
| order was entered for the judge's inspection in camera. Acting
| 23 |
| in accordance with the best interests of the victim and the | 24 |
| public, the judge
shall have the discretion to determine to | 25 |
| whom the results of the testing may
be revealed. The court | 26 |
| shall notify the minor of the results of the test for
infection | 27 |
| with the human immunodeficiency virus (HIV). The court shall | 28 |
| also
notify the victim if requested by the victim, and if the | 29 |
| victim is under the
age of 15 and if requested by the victim's | 30 |
| parents or legal guardian, the court
shall notify the victim's | 31 |
| parents or the legal guardian, of the results of the
test for | 32 |
| infection with the human immunodeficiency virus (HIV). The | 33 |
| court
shall provide information on the availability of HIV | 34 |
| testing and counseling at
the Department of Public Health | 35 |
| facilities to all parties to whom the
results of the testing | 36 |
| are revealed. The court shall order that the cost of
any test |
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| shall be paid by the county and may be taxed as costs against | 2 |
| the
minor.
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| (10) When a court finds a minor to be guilty the court | 4 |
| shall, before
entering a sentencing order under this Section, | 5 |
| make a finding whether the
offense committed either: (a) was | 6 |
| related to or in furtherance of the criminal
activities of an | 7 |
| organized gang or was motivated by the minor's membership in
or | 8 |
| allegiance to an organized gang, or (b) involved a violation of
| 9 |
| subsection (a) of Section 12-7.1 of the Criminal Code of 1961, | 10 |
| a violation of
any
Section of Article 24 of the Criminal Code | 11 |
| of 1961, or a violation of any
statute that involved the | 12 |
| wrongful use of a firearm. If the court determines
the question | 13 |
| in the affirmative,
and the court does not commit the minor to | 14 |
| the Department of Corrections,
Juvenile Division, the court | 15 |
| shall order the minor to perform community service
for not less | 16 |
| than 30 hours nor more than 120 hours, provided that community
| 17 |
| service is available in the jurisdiction and is funded and | 18 |
| approved by the
county board of the county where the offense | 19 |
| was committed. The community
service shall include, but need | 20 |
| not be limited to, the cleanup and repair of
any damage caused | 21 |
| by a violation of Section 21-1.3 of the Criminal Code of 1961
| 22 |
| and similar damage to property located in the municipality or | 23 |
| county in which
the violation occurred. When possible and | 24 |
| reasonable, the community service
shall be performed in the | 25 |
| minor's neighborhood. This order shall be in
addition to any | 26 |
| other order authorized by this Section
except for an order to | 27 |
| place the minor in the custody of the Department of
| 28 |
| Corrections, Juvenile Division. For the purposes of this | 29 |
| Section, "organized
gang" has the meaning ascribed to it in | 30 |
| Section 10 of the Illinois Streetgang
Terrorism Omnibus | 31 |
| Prevention Act.
| 32 |
| (11) If a minor is found to be guilty of a violation of
| 33 |
| subsection (b) of Section 1 of the Prevention of Tobacco Use by | 34 |
| Minors Act, the
court may, in its discretion, and upon
| 35 |
| recommendation by the State's Attorney, order that minor and | 36 |
| his or her parents
or legal
guardian to attend a smoker's |
|
|
|
HB0747 Engrossed |
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LRB094 07461 RXD 37624 b |
|
| 1 |
| education or youth diversion program as defined
in that Act if | 2 |
| that
program is available in the jurisdiction where the | 3 |
| offender resides.
Attendance at a smoker's education or youth | 4 |
| diversion program
shall be time-credited against any community | 5 |
| service time imposed for any
first violation of subsection (b) | 6 |
| of Section 1 of that Act. In addition to any
other
penalty
that | 7 |
| the court may impose for a violation of subsection (b) of | 8 |
| Section 1 of
that Act, the
court, upon request by the State's | 9 |
| Attorney, may in its discretion
require
the offender to remit a | 10 |
| fee for his or her attendance at a smoker's
education or
youth | 11 |
| diversion program.
| 12 |
| For purposes of this Section, "smoker's education program" | 13 |
| or "youth
diversion program" includes, but is not limited to, a | 14 |
| seminar designed to
educate a person on the physical and | 15 |
| psychological effects of smoking tobacco
products and the | 16 |
| health consequences of smoking tobacco products that can be
| 17 |
| conducted with a locality's youth diversion program.
| 18 |
| In addition to any other penalty that the court may impose | 19 |
| under this
subsection
(11):
| 20 |
| (a) If a minor violates subsection (b) of Section 1 of the | 21 |
| Prevention of
Tobacco Use by Minors Act, the court may
impose a | 22 |
| sentence of 15 hours of
community service or a fine of $25 for | 23 |
| a first violation.
| 24 |
| (b) A second violation by a minor of subsection (b) of | 25 |
| Section 1 of that Act
that occurs
within 12 months after the | 26 |
| first violation is punishable by a fine of $50 and
25
hours of | 27 |
| community service.
| 28 |
| (c) A third or subsequent violation by a minor of | 29 |
| subsection (b) of Section
1 of that Act
that
occurs within 12 | 30 |
| months after the first violation is punishable by a $100
fine
| 31 |
| and 30 hours of community service.
| 32 |
| (d) Any second or subsequent violation not within the | 33 |
| 12-month time period
after the first violation is punishable as | 34 |
| provided for a first violation.
| 35 |
| (Source: P.A. 91-98, eff. 1-1-00; 92-454, eff. 1-1-02; revised | 36 |
| 10-9-03.)
|
|
|
|
HB0747 Engrossed |
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LRB094 07461 RXD 37624 b |
|
| 1 |
| Section 10. The Sale of Tobacco to Minors Act is amended by | 2 |
| changing the
title of the Act and Sections 0.01, 1, and 2 as | 3 |
| follows:
| 4 |
| (720 ILCS 675/Act title)
| 5 |
| An Act to prohibit minors from buying ,
or selling , or | 6 |
| possessing
tobacco in any of its forms, to prohibit selling,
| 7 |
| giving or
furnishing tobacco, in any of its forms, to minors, | 8 |
| and providing penalties
therefor.
| 9 |
| (720 ILCS 675/0.01) (from Ch. 23, par. 2356.9)
| 10 |
| Sec. 0.01. Short title. This Act may be cited as the
| 11 |
| Prevention of Tobacco Use by
Sale of Tobacco to Minors Act.
| 12 |
| (Source: P.A. 86-1324.)
| 13 |
| (720 ILCS 675/1) (from Ch. 23, par. 2357)
| 14 |
| Sec. 1. Prohibition on sale to and possession of tobacco by
| 15 |
| to minors; vending machines; lunch
wagons.
| 16 |
| (a) No minor under 18 years of age shall buy any cigar,
| 17 |
| cigarette,
smokeless tobacco or tobacco in any of its forms. No | 18 |
| person shall sell, buy
for, distribute samples of or furnish | 19 |
| any cigar, cigarette, smokeless tobacco
or tobacco in any of | 20 |
| its forms, to any minor under 18 years of age. | 21 |
| (a-5) No minor under 16 years of
age may sell any cigar, | 22 |
| cigarette, smokeless tobacco, or tobacco in any of its
forms at | 23 |
| a retail
establishment selling tobacco products. This | 24 |
| subsection does not apply
to a sales clerk in a family-owned | 25 |
| business which can prove that the sales
clerk
is in fact a son | 26 |
| or daughter of the owner.
| 27 |
| (b) No minor under 18 years of age shall possess any cigar, | 28 |
| cigarette,
smokeless tobacco, or tobacco in any of its forms. | 29 |
| (c) For the purpose of this Section, "smokeless tobacco" | 30 |
| means any tobacco
products that are suitable for dipping or | 31 |
| chewing.
| 32 |
| (d)
(b) Tobacco products listed in this Section
above may |
|
|
|
HB0747 Engrossed |
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LRB094 07461 RXD 37624 b |
|
| 1 |
| be sold through a vending machine
only in
the following | 2 |
| locations:
| 3 |
| (1) Factories, businesses, offices, private clubs, and | 4 |
| other places not
open to the general public.
| 5 |
| (2) Places to which minors under 18 years of age are | 6 |
| not permitted access.
| 7 |
| (3) Places where alcoholic beverages are sold and | 8 |
| consumed on the
premises.
| 9 |
| (4) Places where the vending machine is under the | 10 |
| direct supervision of
the owner of the establishment or an | 11 |
| employee over 18 years of age. The sale
of tobacco products | 12 |
| from a vending machine under direct supervision of the
| 13 |
| owner or an employee of the establishment is considered a | 14 |
| sale of tobacco
products by that person. As used in this | 15 |
| subdivision, "direct supervision"
means that the owner or | 16 |
| employee has an unimpeded line of sight to the vending
| 17 |
| machine.
| 18 |
| (5) Places where the vending machine can only be | 19 |
| operated by the owner or
an employee over age 18 either | 20 |
| directly or through a remote control device if
the device | 21 |
| is inaccessible to all customers.
| 22 |
| (e)
(c) The sale or distribution at no charge of cigarettes | 23 |
| from a lunch wagon
engaging in any sales activity within 1,000 | 24 |
| feet of any public or private
elementary or secondary school | 25 |
| grounds is prohibited. | 26 |
| (f) It is not a violation of this Act for a person under 18 | 27 |
| years of age to purchase or possess a cigar, cigarette, | 28 |
| smokeless tobacco or tobacco in any of its forms if the person | 29 |
| under the age of 18 purchases or is given the cigar, cigarette, | 30 |
| smokeless tobacco or tobacco in any of its forms from a retail | 31 |
| seller of tobacco products or an employee of the retail seller | 32 |
| pursuant to a plan or action to investigate, patrol, or | 33 |
| otherwise conduct a "sting operation" or enforcement action | 34 |
| against a retail seller of tobacco products or a person | 35 |
| employed by the retail seller of tobacco products or on any | 36 |
| premises authorized to sell tobacco products to determine if |
|
|
|
HB0747 Engrossed |
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LRB094 07461 RXD 37624 b |
|
| 1 |
| tobacco products are being sold or given to persons under 18 | 2 |
| years of age if the "sting operation" or enforcement action is | 3 |
| approved by the Department of State Police, the county sheriff, | 4 |
| a municipal police department, the Department of Public Health, | 5 |
| or a local health department.
| 6 |
| For the purpose of this Section, "lunch wagon" means a | 7 |
| mobile vehicle
designed and constructed to transport food and | 8 |
| from which food is sold to the
general public.
| 9 |
| (Source: P.A. 93-284, eff. 1-1-04; 93-886, eff. 1-1-05.)
| 10 |
| (720 ILCS 675/2) (from Ch. 23, par. 2358)
| 11 |
| Sec. 2. (a) Any person who violates subsections (a) or | 12 |
| (a)(5) of Section 1
any
provision of this Act is guilty of a
| 13 |
| petty offense and
for the first offense
shall be fined $200, | 14 |
| $400 for the
second offense in a 12-month period, and
$600 for | 15 |
| the third or any
subsequent
offense in a 12-month period.
| 16 |
| (b) If a minor violates subsection (b) of Section 1 he or | 17 |
| she is guilty of a petty offense and the court may
impose a | 18 |
| sentence of 15 hours of
community
service or a fine of $25 for | 19 |
| a first violation.
| 20 |
| (c) A second violation by a minor of subsection (b) of | 21 |
| Section 1 that occurs
within 12 months after the first | 22 |
| violation is punishable by a fine of $50 and
25
hours of | 23 |
| community service.
| 24 |
| (d) A third or subsequent violation by a minor of | 25 |
| subsection (b) of Section
1
that
occurs within 12 months after | 26 |
| the first violation is punishable by a $100
fine
and 30 hours | 27 |
| of community service.
| 28 |
| (e) Any second or subsequent violation not within the | 29 |
| 12-month time period
after
the first violation is punishable as | 30 |
| provided for a first violation.
| 31 |
| (f) If a minor is convicted of or placed on supervision for | 32 |
| a violation of
subsection (b) of Section 1, the court may, in | 33 |
| its discretion, and upon
recommendation by the State's | 34 |
| Attorney, order that minor and his or her parents
or legal
| 35 |
| guardian to attend a smoker's education or youth diversion |
|
|
|
HB0747 Engrossed |
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LRB094 07461 RXD 37624 b |
|
| 1 |
| program if that
program is available in the jurisdiction where | 2 |
| the offender resides.
Attendance at a smoker's education or | 3 |
| youth diversion program
shall be time-credited against any | 4 |
| community service time imposed for any
first violation of | 5 |
| subsection (b) of Section 1. In addition to any other
penalty
| 6 |
| that the court may impose for a violation of subsection (b) of | 7 |
| Section 1, the
court, upon request by the State's Attorney, may | 8 |
| in its discretion
require
the offender to remit a fee for his | 9 |
| or her attendance at a smoker's
education or
youth diversion | 10 |
| program.
| 11 |
| (g) For purposes of this Section, "smoker's education
| 12 |
| program"
or
"youth diversion program" includes, but is not | 13 |
| limited to, a seminar designed
to educate a person on the | 14 |
| physical and psychological effects of smoking
tobacco products | 15 |
| and the health consequences of smoking tobacco products
that | 16 |
| can be conducted with a locality's youth diversion program.
| 17 |
| (h) All moneys collected as fines for violations of | 18 |
| subsection (a) of
Section 1
shall be distributed in the | 19 |
| following manner:
| 20 |
| (1) one-half of each fine shall be distributed to the | 21 |
| unit of local
government or other entity that successfully | 22 |
| prosecuted the offender;
and
| 23 |
| (2) one-half shall be remitted to the State to be used | 24 |
| for enforcing this
Act.
One-half of each fine collected | 25 |
| under this
Section shall be distributed to the unit of | 26 |
| local government or other entity
that successfully | 27 |
| prosecuted the offender and one-half shall be remitted to | 28 |
| the
State to be used for enforcing this Act.
| 29 |
| (Source: P.A. 88-418.)
| 30 |
| Section 99. Effective date. This Act takes effect upon | 31 |
| becoming law.
|
|