In re Kelan W.

Illinois Appellate Court
Civil Court
Juvenile Court Act
Citation
Case Number: 
2021 IL App (5th) 210029
Decision Date: 
Wednesday, December 1, 2021
District: 
5th Dist.
Division/County: 
St. Clair Co.
Holding: 
Reversed and remanded.
Justice: 
BOIE

Respondent minor was charged with aggravated vehicular hijacking, unlawful possession of a stolen motor vehicle, aggravated unlawful use of weapon, and misdemeanor theft in amended petition for adjudication of wardship. Petition alleged that the hijacking was committed in Missouri, and referenced Missouri Criminal Code provision for 1st degree robbery. Petition charged Respondent under Juvenile Court Act for the other offenses, and alleged that they were committed  in Illinois. The jurisdictional issue is governed by section 5-120 of the Act, which states in section 5-120 that jurisdiction is proper regardless of where the act occurred. Thus, the legislature has specifically excluded a requirement to prove the location of the offense. The Act conveys upon circuit court broad authority to exercise judicial power over violations listed in the statutes so as to bring a juvenile under guardianship of the State. Court erred in dismissing charge of aggravated vehicular hijacking. (MOORE and VAUGHAN, concurring.)