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Full Text of HB5310
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HB5310 - 104th General Assembly
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HB5310 Enrolled
LRB104 18993 RLC 32438 b
1
AN ACT concerning courts.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Juvenile Court Act of 1987 is amended by
5
changing Sections 3-2, 4-2, and 5-135 as follows:
6
(705 ILCS 405/3-2)
(from Ch. 37, par. 803-2)
7
Sec. 3-2.
Venue.
8
(1) Venue under this Article lies in the county where the
9
minor resides or is found.
10
(2) If proceedings are commenced in any county other than
11
that of the minor's residence, the court in which the
12
proceedings were initiated may at any time before or after
13
adjudication of wardship transfer the case to the county of
14
the minor's residence
by transmitting to the court in that
15
county an authenticated copy of the court record, including
16
all documents, petitions and orders filed therein, and the
17
minute orders and docket entries of the court
. Transfer in
18
like manner may be made in the event of a change of residence
19
from one county to another of a minor concerning whom
20
proceedings are pending.
21
(3) Not later than 15 working days after the date an order
22
of transfer is entered, the clerk of the court transferring a
23
proceeding shall send to the clerk of the receiving court in
HB5310 Enrolled
- 2 -
LRB104 18993 RLC 32438 b
1
the county to which the transfer is being made an
2
authenticated copy of the court record, including all
3
documents, petitions, and orders filed therein, and the minute
4
orders and docket entries of the court. The clerk of the
5
receiving court shall set a status hearing within 10 business
6
days after receipt of the case and shall notify the judge of
7
the receiving court and all parties.
8
(4) The receiving court shall review the court record
9
immediately upon receipt. Within 20 business days after
10
receipt of the record, the reviewing court shall send a notice
11
to the transferring court indicating it has accepted the case
12
and scheduled a status date. Until the transferring court
13
receives this notice it continues to have jurisdiction over
14
the case. If for any reason the receiving court does not accept
15
the transfer, the receiving court shall, within 20 business
16
days after receiving the case, send a notice to the
17
transferring court indicating its reasons. The transferring
18
court will continue its jurisdiction of the case and shall set
19
the matter for status within 20 business days.
20
(Source: P.A. 85-601.)
21
(705 ILCS 405/4-2)
(from Ch. 37, par. 804-2)
22
Sec. 4-2.
Venue.
(1) Venue under this Article lies in the
23
county where the minor resides or is found.
24
(2) If proceedings are commenced in any county other than
25
that of the minor's residence, the court in which the
HB5310 Enrolled
- 3 -
LRB104 18993 RLC 32438 b
1
proceedings were initiated may at any time before or after
2
adjudication of wardship transfer the case to the county of
3
the minor's residence
by transmitting to the court in that
4
county an authenticated copy of the court record, including
5
all documents, petitions and orders filed therein, and the
6
minute orders and docket entries of the court
. Transfer in
7
like manner may be made in the event of a change of residence
8
from one county to another of a minor concerning whom
9
proceedings are pending.
10
(3) Not later than 15 working days after the date an order
11
of transfer is entered, the clerk of the court transferring a
12
proceeding shall send to the clerk of the receiving court in
13
the county to which the transfer is being made an
14
authenticated copy of the court record, including all
15
documents, petitions, and orders filed therein, and the minute
16
orders and docket entries of the court. The clerk of the
17
receiving court shall set a status hearing within 10 business
18
days after receipt of the case and shall notify the judge of
19
the receiving court and all parties.
20
(4) The receiving court shall review the court record
21
immediately upon receipt. Within 20 business days after
22
receipt of the record, the reviewing court shall send a notice
23
to the transferring court indicating it has accepted the case
24
and scheduled a status date. Until the transferring court
25
receives this notice it continues to have jurisdiction over
26
the case. If for any reason the receiving court does not accept
HB5310 Enrolled
- 4 -
LRB104 18993 RLC 32438 b
1
the transfer, the receiving court shall, within 20 business
2
days after receiving the case, send a notice to the
3
transferring court indicating its reasons. The transferring
4
court will continue its jurisdiction of the case and shall set
5
the matter for status within 20 business days.
6
(Source: P.A. 85-601.)
7
(705 ILCS 405/5-135)
8
Sec. 5-135.
Venue.
9
(1) If the offense is committed either wholly or partly
10
within the State of Illinois, venue under this Article lies in
11
the county where the minor resides, where the alleged
12
violation or attempted violation of State law or county or
13
municipal ordinance occurred or in the county where the order
14
of the court, alleged to have been violated by the minor, was
15
made unless subsequent to the order the proceedings have been
16
transferred to another county.
17
(2) If proceedings are commenced in any county other than
18
that of the minor's residence, the court in which the
19
proceedings were initiated may at any time before or after
20
adjudication of wardship transfer the case to the county of
21
the minor's residence
by transmitting to the court in that
22
county an authenticated copy of the court record, including
23
all documents, petitions and orders filed in that court, a
24
copy of all reports prepared by the agency providing services
25
to the minor, and the minute orders and docket entries of the
HB5310 Enrolled
- 5 -
LRB104 18993 RLC 32438 b
1
court
. Transfer in like manner may be made in the event of a
2
change of residence from one county to another of a minor
3
concerning whom proceedings are pending.
4
(3) Not later than 15 working days after the date an order
5
of transfer is entered, the clerk of the court transferring a
6
proceeding shall send to the clerk of the receiving court in
7
the county to which the transfer is being made an
8
authenticated copy of the court record, including all
9
documents, petitions, and orders filed therein, a copy of all
10
reports prepared by the agency providing services to the
11
minor, and the minute orders and docket entries of the court.
12
The clerk of the receiving court shall set a status hearing
13
within 10 business days after receipt of the case and shall
14
notify the judge of the receiving court and all parties.
15
(4) The receiving court shall review the court record
16
immediately upon receipt. Within 20 business days after
17
receipt of the record, the reviewing court shall send a notice
18
to the transferring court indicating it has accepted the case
19
and scheduled a status date. Until the transferring court
20
receives this notice it continues to have jurisdiction over
21
the case. If for any reason the receiving court does not accept
22
the transfer, the receiving court shall, within 20 business
23
days after receiving the case, send a notice to the
24
transferring court indicating its reasons. The transferring
25
court will continue its jurisdiction of the case and shall set
26
the matter for status within 20 business days.
HB5310 Enrolled
- 6 -
LRB104 18993 RLC 32438 b
1
(Source: P.A. 103-27, eff. 1-1-24
.)
2
Section 99.
Effective date.
This Act takes effect upon
3
becoming law.
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