In re Luis R.

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (2d) 120393
Decision Date: 
June 28, 2013
District: 
2d Dist.
Division/County: 
Boone Co.
Justice: 
BURKE
Holding: 
Affirmed.
State charged Respondent, then age 21, by delinquency petition with aggravated criminal sexual assault, allegedly committed when he was age 14. Although juvenile court had subject matter jurisdiction, personal jurisdiction, and inherent authority to adjudicate the petition, Juvenile Court Act did not authorize State to institute juvenile delinquency proceedings against Respondent, because he was 21 or over when the petition was filed. Juvenile court correctly dismissed petition, and without a valid juvenile petition, no discretionary transfer to criminal court was permitted under the Act. (McLAREN and HUDSON, concurring.)