JUVENILE JUSTICE
HB 90 - Disclosure of Information About Juveniles
Allows the court to disclose the name and address of the juvenile or the juvenile's parent or guardian if necessary for the victim to purse a civil remedy against them or to protect the victim from them. P.A. 91-479; effective 1-1-2000.
HB 466 - Juvenile Records - Confidentiality
Amends the privacy provisions of the Juvenile Court Act to allow access by Personnel Division of a Fire Department to court files for employment purposes. P.A. 91-368; effective 1-1-2000.
HB 1194 - Weapons on School Property
(1) Requires that private and public school officials immediately report to a local law enforcement agency and the principal if they observe any person on school property with a weapon. Requires that superintendents must notify local law enforcement immediately of any "firearm-related incidents." (Now, within 24 hours of the incident.) (2) If the law enforcement agency believes that there is probable cause that a minor is guilty of the unlawful possession of a weapon (UUW), the agency must detain the minor for processing, which includes allowing the court to order a psychological evaluation and to issue a restraining order if certain conditions are met. (3) The probable cause finding then creates a presumption that immediate and urgent necessity exists for secure detention, and once the presumption has been raised, the burden of demonstrating the lack of immediate and urgent necessity is now on any party that is opposing detention for the minor. (4) Prohibits a court from allowing a defendant from posting bail bond before conviction if charged with UUW on school grounds or within a 1,000 feet of school grounds if the court finds that the defendant's release is a real and present threat to the physical safety of any person and denial of bail is necessary to prevent fulfillment of that threat. (5) Requires a psychological evaluation of all defendants charged with UUW on school grounds or within a 1,000 feet of school grounds. P.A. 91-11; effective 6-4-99.
HB 1298 - Adoption - Service Plan
Termination of Parental Rights section is amended to add a ground that after an initial nine-month period, failure to make reasonable progress toward the return of a child during any nine-month period following the adjudication of the child as a neglected, abused or dependent minor. P.A. 91-373; effective 1-1-2000.
HB 1839 - Indicated Abuse in Foster Home
Requires DCFS to immediately conduct a re-examination of a foster family home for compliance with minimum standards upon receipt of an indicated report of abuse. P.A. 91-557; effective 1-1-2000.
HB 2257 - Deletes Cap on Community Service
Amends the Juvenile Court Act of 1987 to eliminate the maximum number of hours (now 120 hours) of community service that the court may impose under a continuance under supervision. P.A. 91-332; effective 7-29-99.
SB 400 - Removal of Gang Tattoos
Permits judges to order juveniles to have gang tattoos removed as part of a dispositional order in juvenile court. P.A. 91-98; effective 1-1-2000.
SB 401 - Objections to Jurisdiction - Special Appearance
Special Appearance Change. Converts a "special appearance" motion under §2-301 of the Code of Civil Procedure to a "personal jurisdiction objection" motion. It is intended to make it less likely that defense counsel will inadvertently waive a personal jurisdiction objection. The new procedure permits a defendant to present a personal jurisdiction objection together with other matters in a combined §2-619.1 motion. Therefore, the new §2-301 will allow a party to object to the court's jurisdiction over the party's person on the grounds that, (1) the party is not amendable to process of a court of this State, or (2) insufficiency of process or insufficiency of service of process.
The defendant may file, (1) a motion to dismiss the entire proceeding or any cause of action involved in the proceeding, or (2) a motion to quash service of process. If the objecting party files a responsive pleading or a motion (other than a motion for an extension of time to answer or otherwise appear) before filing a motion objecting to the court's jurisdiction over the party's person, the party waives all objections to that jurisdiction. P.A. 91-145; effective 1-1-2000.
SB 759 - Automatic Transfer
Makes it an automatic transfer from juvenile court to adult court if a minor age 15 or older is charged with aggravated battery with a firearm committed, (1) in a school, (2) on the real property comprising a school, (3) within 1,000 feet of the real property comprising a school, (4) at a school-related activity, or (5) on, boarding, or departing from any conveyance owned, leased, or contracted by a school or school district to transport students to or from school or a school related activity regardless of the time of day or time of year that the offense was committed. P.A. 91-15; effective 1-1-2000.