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IL HB1294
Bill
Status
1/7/2025
Primary Sponsor
Lakesia Collins
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AI Summary
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Amends the Juvenile Court Act of 1987 to create new procedures for determining fitness to stand trial for juveniles, recognizing that children's ability to understand charges and participate in their defense develops gradually throughout childhood
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Defines "child" as a person under age 21 and establishes that unfitness may result from mental illness, substance use disorder, developmental disability, chronological immaturity, relative immaturity, or child traumatic stress—no formal diagnosis required
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Places the burden of proof on the State to prove fitness by clear and convincing evidence once a bona fide doubt is raised, and requires fitness evaluations be conducted by licensed clinical psychologists or psychiatrists with training in forensics, child development, and trauma
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Sets maximum time limits for services to attain fitness at one year for felonies and the shorter of one year or the potential sentence length for misdemeanors, with periodic hearings required every 90 days to reassess fitness
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Requires charges to be dismissed with prejudice if a child cannot attain fitness within the statutory period and directs the Illinois Juvenile Justice Commission to submit data collection recommendations to the General Assembly by January 1, 2024
Legislative Description
JUVENILE COURT-FITNESS
Last Action
Session Sine Die
1/7/2025