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Bill > HB3548


IL HB3548

IL HB3548
JUV CT-SPEEDY TRIAL-DETENTION


summary

Introduced
02/07/2025
In Committee
03/21/2025
Crossed Over
Passed
Dead

Introduced Session

104th General Assembly

Bill Summary

Amends the Juvenile Court Act of 1987. Provides that all subsequent delinquency petitions pending against the minor respondent shall be adjudicated within 120 (rather than 160) days from the date on which a finding relative to the first petition prosecuted is rendered, or, if the trial upon the first petition is terminated without a finding and there is no subsequent trial, or adjudication after waiver of trial, on the first petition within a reasonable time, the minor shall receive a trial upon all of the remaining petitions within 120 (rather than 160) days from the date on which the trial, or finding after waiver of trial, on the first petition is concluded. Provides that if either such period of 120 (rather than 160) days expires without the commencement of trial, or adjudication after waiver of trial, of any of the remaining pending petitions, the petition or petitions shall be dismissed and barred for want of prosecution unless the delay is occasioned by any of the reasons described in this provision. Provides that when a petition has been filed alleging that the minor is a delinquent and the minor is in detention or shelter care, the trial shall be held within 30 calendar days after the date of the order directing detention or shelter care, or the earliest possible date in compliance with the service by summons or service by certified mail or publication provisions of the Act as to the custodial parent, guardian, or legal custodian but no later than 45 calendar days from the date of the order of the court directing detention or shelter care. Provides that this time includes any time a minor spends in custody on a release upon request to Department of Children and Family Services status. When the petition alleges the minor committed an offense that involves the death of or great bodily harm to a victim, the court may, upon motion of the State, continue the trial for not more than 70 calendar days after the date of the order directing detention or shelter care. Provides that the period in which a trial shall be held is tolled by: (1) delay occasioned by the minor; (2) a continuance allowed pursuant to the Code of Criminal Procedure of 1963 after the court's determination of the minor's incapacity for trial; (3) an interlocutory appeal; (4) an examination of fitness ordered pursuant to the Code of Criminal Procedure of 1963; (5) a fitness hearing; or (6) an adjudication of unfitness for trial.

AI Summary

This bill amends the Juvenile Court Act of 1987 to reduce the timeframe for adjudicating delinquency petitions and clarify rules around juvenile detention and trial scheduling. Specifically, the bill shortens the period for trying multiple pending petitions from 160 to 120 days, and establishes more stringent requirements for holding minors in detention before trial. When a minor is in detention or shelter care, the trial must now be held within 30 calendar days of the detention order, but no later than 45 calendar days. For serious cases involving death or great bodily harm, the court may extend the trial period up to 70 calendar days. The bill also provides detailed exceptions that can pause or "toll" the trial timeline, such as delays caused by the minor, interlocutory appeals, fitness examinations, or hearings. Additionally, the bill clarifies that agreeing to continuances due to incomplete discovery does not count as a delay caused by the minor. The goal appears to be ensuring more expedient judicial proceedings for juvenile cases while protecting the rights of minors in the justice system.

Committee Categories

Justice

Sponsors (1)

Last Action

Rule 19(a) / Re-referred to Rules Committee (on 03/21/2025)

bill text


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