Bill Text: IL SB1844 | 2013-2014 | 98th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Juvenile Court Act of 1987. Provides that persons 17 years of age and older who have a petition of delinquency filed against them may be confined in an adult detention facility. Provides that in making a determination whether to confine a person 17 years of age or older who has a petition of delinquency filed against the person, these factors among other matters shall be considered: (1) the age of the person; (2) any previous delinquent or criminal history of the person; (3) any previous abuse or neglect history of the person; (4) any mental health history of the person; and (5) any educational history of the person. Provides that if the underlying offense is a misdemeanor, then only a person 18 years of age or older may be confined in an adult detention facility. Effective immediately.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2013-08-23 - Public Act . . . . . . . . . 98-0536 [SB1844 Detail]
Download: Illinois-2013-SB1844-Introduced.html
Bill Title: Amends the Juvenile Court Act of 1987. Provides that persons 17 years of age and older who have a petition of delinquency filed against them may be confined in an adult detention facility. Provides that in making a determination whether to confine a person 17 years of age or older who has a petition of delinquency filed against the person, these factors among other matters shall be considered: (1) the age of the person; (2) any previous delinquent or criminal history of the person; (3) any previous abuse or neglect history of the person; (4) any mental health history of the person; and (5) any educational history of the person. Provides that if the underlying offense is a misdemeanor, then only a person 18 years of age or older may be confined in an adult detention facility. Effective immediately.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2013-08-23 - Public Act . . . . . . . . . 98-0536 [SB1844 Detail]
Download: Illinois-2013-SB1844-Introduced.html
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1 | AN ACT concerning courts.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Juvenile Court Act of 1987 is amended by | |||||||||||||||||||
5 | changing Section 5-710 as follows:
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6 | (705 ILCS 405/5-710)
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7 | Sec. 5-710. Kinds of sentencing orders.
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8 | (1) The following kinds of sentencing orders may be made in | |||||||||||||||||||
9 | respect of
wards of the court:
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10 | (a) Except as provided in Sections 5-805, 5-810, 5-815, | |||||||||||||||||||
11 | a minor who is
found
guilty under Section 5-620 may be:
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12 | (i) put on probation or conditional discharge and | |||||||||||||||||||
13 | released to his or her
parents, guardian or legal | |||||||||||||||||||
14 | custodian, provided, however, that any such minor
who | |||||||||||||||||||
15 | is not committed to the Department of Juvenile Justice | |||||||||||||||||||
16 | under
this subsection and who is found to be a | |||||||||||||||||||
17 | delinquent for an offense which is
first degree murder, | |||||||||||||||||||
18 | a Class X felony, or a forcible felony shall be placed | |||||||||||||||||||
19 | on
probation;
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20 | (ii) placed in accordance with Section 5-740, with | |||||||||||||||||||
21 | or without also being
put on probation or conditional | |||||||||||||||||||
22 | discharge;
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23 | (iii) required to undergo a substance abuse |
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1 | assessment conducted by a
licensed provider and | ||||||
2 | participate in the indicated clinical level of care;
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3 | (iv) placed in the guardianship of the Department | ||||||
4 | of Children and Family
Services, but only if the | ||||||
5 | delinquent minor is under 15 years of age or, pursuant | ||||||
6 | to Article II of this Act, a minor for whom an | ||||||
7 | independent basis of abuse, neglect, or dependency | ||||||
8 | exists. An independent basis exists when the | ||||||
9 | allegations or adjudication of abuse, neglect, or | ||||||
10 | dependency do not arise from the same facts, incident, | ||||||
11 | or circumstances which give rise to a charge or | ||||||
12 | adjudication of delinquency;
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13 | (v) placed in detention for a period not to exceed | ||||||
14 | 30 days, either as
the
exclusive order of disposition | ||||||
15 | or, where appropriate, in conjunction with any
other | ||||||
16 | order of disposition issued under this paragraph, | ||||||
17 | provided that any such
detention shall be in a juvenile | ||||||
18 | detention home and the minor so detained shall
be 10 | ||||||
19 | years of age or older. However, the 30-day limitation | ||||||
20 | may be extended by
further order of the court for a | ||||||
21 | minor under age 15 committed to the Department
of | ||||||
22 | Children and Family Services if the court finds that | ||||||
23 | the minor is a danger
to himself or others. The minor | ||||||
24 | shall be given credit on the sentencing order
of | ||||||
25 | detention for time spent in detention under Sections | ||||||
26 | 5-501, 5-601, 5-710, or
5-720 of this
Article as a |
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1 | result of the offense for which the sentencing order | ||||||
2 | was imposed.
The court may grant credit on a sentencing | ||||||
3 | order of detention entered under a
violation of | ||||||
4 | probation or violation of conditional discharge under | ||||||
5 | Section
5-720 of this Article for time spent in | ||||||
6 | detention before the filing of the
petition
alleging | ||||||
7 | the violation. A minor shall not be deprived of credit | ||||||
8 | for time spent
in detention before the filing of a | ||||||
9 | violation of probation or conditional
discharge | ||||||
10 | alleging the same or related act or acts . The | ||||||
11 | limitation that the minor shall only be placed in a | ||||||
12 | juvenile detention home does not apply as follows: | ||||||
13 | Persons 17 years of age and older who have a | ||||||
14 | petition of delinquency filed against them may be | ||||||
15 | confined in an adult detention facility. In making a | ||||||
16 | determination whether to confine a person 17 years of | ||||||
17 | age or older who has a petition of delinquency filed | ||||||
18 | against the person, these factors, among other | ||||||
19 | matters, shall be considered: | ||||||
20 | (A) the age of the person; | ||||||
21 | (B) any previous delinquent or criminal | ||||||
22 | history of the person; | ||||||
23 | (C) any previous abuse or neglect history of | ||||||
24 | the person; | ||||||
25 | (D) any mental health history of the person; | ||||||
26 | and |
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1 | (E) any educational history of the person. | ||||||
2 | If the underlying offense is a misdemeanor, then | ||||||
3 | only a person 18 years of age or older may be confined | ||||||
4 | in an adult detention facility ;
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5 | (vi) ordered partially or completely emancipated | ||||||
6 | in accordance with the
provisions of the Emancipation | ||||||
7 | of Minors Act;
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8 | (vii) subject to having his or her driver's license | ||||||
9 | or driving
privileges
suspended for such time as | ||||||
10 | determined by the court but only until he or she
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11 | attains 18 years of age;
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12 | (viii) put on probation or conditional discharge | ||||||
13 | and placed in detention
under Section 3-6039 of the | ||||||
14 | Counties Code for a period not to exceed the period
of | ||||||
15 | incarceration permitted by law for adults found guilty | ||||||
16 | of the same offense
or offenses for which the minor was | ||||||
17 | adjudicated delinquent, and in any event no
longer than | ||||||
18 | upon attainment of age 21; this subdivision (viii) | ||||||
19 | notwithstanding
any contrary provision of the law;
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20 | (ix) ordered to undergo a medical or other | ||||||
21 | procedure to have a tattoo
symbolizing allegiance to a | ||||||
22 | street gang removed from his or her body; or | ||||||
23 | (x) placed in electronic home detention under Part | ||||||
24 | 7A of this Article.
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25 | (b) A minor found to be guilty may be committed to the | ||||||
26 | Department of
Juvenile Justice under Section 5-750 if the |
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1 | minor is 13 years of age or
older,
provided that the | ||||||
2 | commitment to the Department of Juvenile Justice shall be | ||||||
3 | made only if a term of incarceration is permitted by law | ||||||
4 | for
adults found guilty of the offense for which the minor | ||||||
5 | was adjudicated
delinquent. The time during which a minor | ||||||
6 | is in custody before being released
upon the request of a | ||||||
7 | parent, guardian or legal custodian shall be considered
as | ||||||
8 | time spent in detention.
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9 | (c) When a minor is found to be guilty for an offense | ||||||
10 | which is a violation
of the Illinois Controlled Substances | ||||||
11 | Act, the Cannabis Control Act, or the Methamphetamine | ||||||
12 | Control and Community Protection Act and made
a ward of the | ||||||
13 | court, the court may enter a disposition order requiring | ||||||
14 | the
minor to undergo assessment,
counseling or treatment in | ||||||
15 | a substance abuse program approved by the Department
of | ||||||
16 | Human Services.
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17 | (2) Any sentencing order other than commitment to the | ||||||
18 | Department of
Juvenile Justice may provide for protective | ||||||
19 | supervision under
Section 5-725 and may include an order of | ||||||
20 | protection under Section 5-730.
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21 | (3) Unless the sentencing order expressly so provides, it | ||||||
22 | does not operate
to close proceedings on the pending petition, | ||||||
23 | but is subject to modification
until final closing and | ||||||
24 | discharge of the proceedings under Section 5-750.
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25 | (4) In addition to any other sentence, the court may order | ||||||
26 | any
minor
found to be delinquent to make restitution, in |
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1 | monetary or non-monetary form,
under the terms and conditions | ||||||
2 | of Section 5-5-6 of the Unified Code of
Corrections, except | ||||||
3 | that the "presentencing hearing" referred to in that
Section
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4 | shall be
the sentencing hearing for purposes of this Section. | ||||||
5 | The parent, guardian or
legal custodian of the minor may be | ||||||
6 | ordered by the court to pay some or all of
the restitution on | ||||||
7 | the minor's behalf, pursuant to the Parental Responsibility
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8 | Law. The State's Attorney is authorized to act
on behalf of any | ||||||
9 | victim in seeking restitution in proceedings under this
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10 | Section, up to the maximum amount allowed in Section 5 of the | ||||||
11 | Parental
Responsibility Law.
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12 | (5) Any sentencing order where the minor is committed or | ||||||
13 | placed in
accordance
with Section 5-740 shall provide for the | ||||||
14 | parents or guardian of the estate of
the minor to pay to the | ||||||
15 | legal custodian or guardian of the person of the minor
such | ||||||
16 | sums as are determined by the custodian or guardian of the | ||||||
17 | person of the
minor as necessary for the minor's needs. The | ||||||
18 | payments may not exceed the
maximum amounts provided for by | ||||||
19 | Section 9.1 of the Children and Family Services
Act.
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20 | (6) Whenever the sentencing order requires the minor to | ||||||
21 | attend school or
participate in a program of training, the | ||||||
22 | truant officer or designated school
official shall regularly | ||||||
23 | report to the court if the minor is a chronic or
habitual | ||||||
24 | truant under Section 26-2a of the School Code. Notwithstanding | ||||||
25 | any other provision of this Act, in instances in which | ||||||
26 | educational services are to be provided to a minor in a |
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1 | residential facility where the minor has been placed by the | ||||||
2 | court, costs incurred in the provision of those educational | ||||||
3 | services must be allocated based on the requirements of the | ||||||
4 | School Code.
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5 | (7) In no event shall a guilty minor be committed to the | ||||||
6 | Department of
Juvenile Justice for a period of time in
excess | ||||||
7 | of
that period for which an adult could be committed for the | ||||||
8 | same act.
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9 | (8) A minor found to be guilty for reasons that include a | ||||||
10 | violation of
Section 21-1.3 of the Criminal Code of 1961 or the | ||||||
11 | Criminal Code of 2012 shall be ordered to perform
community | ||||||
12 | service for not less than 30 and not more than 120 hours, if
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13 | community service is available in the jurisdiction. The | ||||||
14 | community service
shall include, but need not be limited to, | ||||||
15 | the cleanup and repair of the damage
that was caused by the | ||||||
16 | violation or similar damage to property located in the
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17 | municipality or county in which the violation occurred. The | ||||||
18 | order may be in
addition to any other order authorized by this | ||||||
19 | Section.
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20 | (8.5) A minor found to be guilty for reasons that include a | ||||||
21 | violation of
Section
3.02 or Section 3.03 of the Humane Care | ||||||
22 | for Animals Act or paragraph (d) of
subsection (1) of
Section | ||||||
23 | 21-1 of
the Criminal Code
of
1961 or paragraph (4) of | ||||||
24 | subsection (a) of Section 21-1 of the Criminal Code of 2012 | ||||||
25 | shall be ordered to undergo medical or psychiatric treatment | ||||||
26 | rendered by
a
psychiatrist or psychological treatment rendered |
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1 | by a clinical psychologist.
The order
may be in addition to any | ||||||
2 | other order authorized by this Section.
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3 | (9) In addition to any other sentencing order, the court | ||||||
4 | shall order any
minor found
to be guilty for an act which would | ||||||
5 | constitute, predatory criminal sexual
assault of a child, | ||||||
6 | aggravated criminal sexual assault, criminal sexual
assault, | ||||||
7 | aggravated criminal sexual abuse, or criminal sexual abuse if
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8 | committed by an
adult to undergo medical testing to determine | ||||||
9 | whether the defendant has any
sexually transmissible disease | ||||||
10 | including a test for infection with human
immunodeficiency | ||||||
11 | virus (HIV) or any other identified causative agency of
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12 | acquired immunodeficiency syndrome (AIDS). Any medical test | ||||||
13 | shall be performed
only by appropriately licensed medical | ||||||
14 | practitioners and may include an
analysis of any bodily fluids | ||||||
15 | as well as an examination of the minor's person.
Except as | ||||||
16 | otherwise provided by law, the results of the test shall be | ||||||
17 | kept
strictly confidential by all medical personnel involved in | ||||||
18 | the testing and must
be personally delivered in a sealed | ||||||
19 | envelope to the judge of the court in which
the sentencing | ||||||
20 | order was entered for the judge's inspection in camera. Acting
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21 | in accordance with the best interests of the victim and the | ||||||
22 | public, the judge
shall have the discretion to determine to | ||||||
23 | whom the results of the testing may
be revealed. The court | ||||||
24 | shall notify the minor of the results of the test for
infection | ||||||
25 | with the human immunodeficiency virus (HIV). The court shall | ||||||
26 | also
notify the victim if requested by the victim, and if the |
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1 | victim is under the
age of 15 and if requested by the victim's | ||||||
2 | parents or legal guardian, the court
shall notify the victim's | ||||||
3 | parents or the legal guardian, of the results of the
test for | ||||||
4 | infection with the human immunodeficiency virus (HIV). The | ||||||
5 | court
shall provide information on the availability of HIV | ||||||
6 | testing and counseling at
the Department of Public Health | ||||||
7 | facilities to all parties to whom the
results of the testing | ||||||
8 | are revealed. The court shall order that the cost of
any test | ||||||
9 | shall be paid by the county and may be taxed as costs against | ||||||
10 | the
minor.
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11 | (10) When a court finds a minor to be guilty the court | ||||||
12 | shall, before
entering a sentencing order under this Section, | ||||||
13 | make a finding whether the
offense committed either: (a) was | ||||||
14 | related to or in furtherance of the criminal
activities of an | ||||||
15 | organized gang or was motivated by the minor's membership in
or | ||||||
16 | allegiance to an organized gang, or (b) involved a violation of
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17 | subsection (a) of Section 12-7.1 of the Criminal Code of 1961 | ||||||
18 | or the Criminal Code of 2012, a violation of
any
Section of | ||||||
19 | Article 24 of the Criminal Code of 1961 or the Criminal Code of | ||||||
20 | 2012, or a violation of any
statute that involved the wrongful | ||||||
21 | use of a firearm. If the court determines
the question in the | ||||||
22 | affirmative,
and the court does not commit the minor to the | ||||||
23 | Department of Juvenile Justice, the court shall order the minor | ||||||
24 | to perform community service
for not less than 30 hours nor | ||||||
25 | more than 120 hours, provided that community
service is | ||||||
26 | available in the jurisdiction and is funded and approved by the
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1 | county board of the county where the offense was committed. The | ||||||
2 | community
service shall include, but need not be limited to, | ||||||
3 | the cleanup and repair of
any damage caused by a violation of | ||||||
4 | Section 21-1.3 of the Criminal Code of 1961 or the Criminal | ||||||
5 | Code of 2012
and similar damage to property located in the | ||||||
6 | municipality or county in which
the violation occurred. When | ||||||
7 | possible and reasonable, the community service
shall be | ||||||
8 | performed in the minor's neighborhood. This order shall be in
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9 | addition to any other order authorized by this Section
except | ||||||
10 | for an order to place the minor in the custody of the | ||||||
11 | Department of
Juvenile Justice. For the purposes of this | ||||||
12 | Section, "organized
gang" has the meaning ascribed to it in | ||||||
13 | Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||||||
14 | Prevention Act.
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15 | (11) If the court determines that the offense was committed | ||||||
16 | in furtherance of the criminal activities of an organized gang, | ||||||
17 | as provided in subsection (10), and that the offense involved | ||||||
18 | the operation or use of a motor vehicle or the use of a | ||||||
19 | driver's license or permit, the court shall notify the | ||||||
20 | Secretary of State of that determination and of the period for | ||||||
21 | which the minor shall be denied driving privileges. If, at the | ||||||
22 | time of the determination, the minor does not hold a driver's | ||||||
23 | license or permit, the court shall provide that the minor shall | ||||||
24 | not be issued a driver's license or permit until his or her | ||||||
25 | 18th birthday. If the minor holds a driver's license or permit | ||||||
26 | at the time of the determination, the court shall provide that |
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1 | the minor's driver's license or permit shall be revoked until | ||||||
2 | his or her 21st birthday, or until a later date or occurrence | ||||||
3 | determined by the court. If the minor holds a driver's license | ||||||
4 | at the time of the determination, the court may direct the | ||||||
5 | Secretary of State to issue the minor a judicial driving | ||||||
6 | permit, also known as a JDP. The JDP shall be subject to the | ||||||
7 | same terms as a JDP issued under Section 6-206.1 of the | ||||||
8 | Illinois Vehicle Code, except that the court may direct that | ||||||
9 | the JDP be effective immediately.
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10 | (12) If a minor is found to be guilty of a violation of
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11 | subsection (a-7) of Section 1 of the Prevention of Tobacco Use | ||||||
12 | by Minors Act, the
court may, in its discretion, and upon
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13 | recommendation by the State's Attorney, order that minor and | ||||||
14 | his or her parents
or legal
guardian to attend a smoker's | ||||||
15 | education or youth diversion program as defined
in that Act if | ||||||
16 | that
program is available in the jurisdiction where the | ||||||
17 | offender resides.
Attendance at a smoker's education or youth | ||||||
18 | diversion program
shall be time-credited against any community | ||||||
19 | service time imposed for any
first violation of subsection | ||||||
20 | (a-7) of Section 1 of that Act. In addition to any
other
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21 | penalty
that the court may impose for a violation of subsection | ||||||
22 | (a-7) of Section 1 of
that Act, the
court, upon request by the | ||||||
23 | State's Attorney, may in its discretion
require
the offender to | ||||||
24 | remit a fee for his or her attendance at a smoker's
education | ||||||
25 | or
youth diversion program.
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26 | For purposes of this Section, "smoker's education program" |
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1 | or "youth
diversion program" includes, but is not limited to, a | ||||||
2 | seminar designed to
educate a person on the physical and | ||||||
3 | psychological effects of smoking tobacco
products and the | ||||||
4 | health consequences of smoking tobacco products that can be
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5 | conducted with a locality's youth diversion program.
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6 | In addition to any other penalty that the court may impose | ||||||
7 | under this
subsection
(12):
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8 | (a) If a minor violates subsection (a-7) of Section 1 | ||||||
9 | of the Prevention of
Tobacco Use by Minors Act, the court | ||||||
10 | may
impose a sentence of 15 hours of
community service or a | ||||||
11 | fine of $25 for a first violation.
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12 | (b) A second violation by a minor of subsection (a-7) | ||||||
13 | of Section 1 of that Act
that occurs
within 12 months after | ||||||
14 | the first violation is punishable by a fine of $50 and
25
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15 | hours of community service.
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16 | (c) A third or subsequent violation by a minor of | ||||||
17 | subsection (a-7) of Section
1 of that Act
that
occurs | ||||||
18 | within 12 months after the first violation is punishable by | ||||||
19 | a $100
fine
and 30 hours of community service.
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20 | (d) Any second or subsequent violation not within the | ||||||
21 | 12-month time period
after the first violation is | ||||||
22 | punishable as provided for a first violation.
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23 | (Source: P.A. 96-179, eff. 8-10-09; 96-293, eff. 1-1-10; | ||||||
24 | 96-1000, eff. 7-2-10; 97-1150, eff. 1-25-13.)
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25 | Section 99. Effective date. This Act takes effect upon | ||||||
26 | becoming law.
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