Illinois Senate Bill 2042

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Spectrum: Partisan Bill (Democrat 16-0)
Status: Introduced on February 9 2023 - 25% progression
Action: 2023-06-12 - Chief Sponsor Changed to Sen. Don Harmon
Pending: Senate Assignments Committee
Text: Latest bill text (Introduced) [HTML]

Amends the Juvenile Court Act of 1987. Establishes procedures for determining whether a child is fit to stand trial. Provides that the procedures apply to a child under the age of 21, regardless of whether the person is subject to the Act or prosecuted under the criminal laws of the State. Provides that unfitness may result from the presence of any condition or confluence of conditions, including, but not limited to, mental illness, substance use disorder, developmental disability, chronological immaturity, relative immaturity, or child traumatic stress. Provides that a diagnosis is not required for a finding of unfitness. Provides that a child is unfit when the child either: (1) lacks sufficient present ability to consult with the child's attorney with a reasonable degree of rational understanding, as evidenced by lacking the ability to disclose to the attorney facts pertinent to the proceedings at issue and to assist in the child's defense; or (2) lacks a rational or a factual understanding of the proceedings against the child, as evidenced by certain specified factors. Provides that the issue of the child's fitness to stand trial, to plead, or to be sentenced may be raised by the child's attorney, the State, or the court at any time before a plea is entered or before, during, or after trial. Provides that in making determinations on the issue of a child's fitness, the following burdens of proof and presumptions shall apply: (1) when the court finds a bona fide doubt as to the fitness of a child, the State bears the burden of proving that the child is fit by clear and convincing evidence; and (2) a child who is receiving medication shall not be presumed to be fit or unfit to stand trial solely by virtue of the receipt of that medication. Provides that the Illinois Juvenile Justice Commission shall develop and recommend mechanisms to collect and analyze data, disaggregated by race, ethnicity, gender, geography, age, and socioeconomic status, resulting from the implementation of these provisions. Provides that the report and recommendations shall be submitted to the General Assembly on or before January 1, 2024. Contains a severability provision. Effective July 1, 2023.

JUV CT-FITNESS STAND TRIAL

Sen. Don Harmon [D]	Sen. Mattie Hunter [D]	Sen. Kimberly Lightford [D]	Sen. Robert Peters [D]
Sen. Karina Villa [D]	Sen. Adriane Johnson [D]	Sen. Robert Martwick [D]	Sen. Meg Loughran Cappel [D]
Sen. Laura Ellman [D]	Sen. Laura Murphy [D]	Sen. Laura Fine [D]	Sen. Elgie Sims [D]
Sen. Mary Edly-Allen [D]	Sen. Rachel Ventura [D]	Sen. Celina Villanueva [D]	Sen. Sara Feigenholtz [D]

Date	Chamber	Action
2023-06-12	Senate	Chief Sponsor Changed to Sen. Don Harmon
2023-03-28	Senate	Added as Co-Sponsor Sen. Sara Feigenholtz
2023-03-23	Senate	Added as Co-Sponsor Sen. Celina Villanueva
2023-03-23	Senate	Added as Chief Co-Sponsor Sen. Karina Villa
2023-03-22	Senate	Added as Co-Sponsor Sen. Rachel Ventura
2023-03-20	Senate	Added as Co-Sponsor Sen. Mary Edly-Allen
2023-03-16	Senate	Added as Co-Sponsor Sen. Elgie R. Sims, Jr.
2023-03-14	Senate	Added as Co-Sponsor Sen. Laura Fine
2023-03-10	Senate	Rule 3-9(a) / Re-referred to Assignments
2023-03-10	Senate	Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments
2023-03-10	Senate	Added as Co-Sponsor Sen. Laura M. Murphy
2023-03-10	Senate	Postponed - Special Committee on Criminal Law and Public Safety
2023-03-10	Senate	Senate Committee Amendment No. 1 Postponed - Special Committee on Criminal Law and Public Safety
2023-03-09	Senate	Added as Co-Sponsor Sen. Laura Ellman
2023-03-09	Senate	Added as Co-Sponsor Sen. Meg Loughran Cappel
2023-03-09	Senate	Added as Co-Sponsor Sen. Robert F. Martwick
2023-03-09	Senate	Added as Co-Sponsor Sen. Adriane Johnson
2023-03-07	Senate	Senate Committee Amendment No. 1 Assignments Refers to Special Committee on Criminal Law and Public Safety
2023-03-03	Senate	Senate Committee Amendment No. 1 Referred to Assignments
2023-03-03	Senate	Senate Committee Amendment No. 1 Filed with Secretary by Sen. Cristina H. Pacione-Zayas
2023-02-24	Senate	Added as Chief Co-Sponsor Sen. Robert Peters
2023-02-24	Senate	Added as Chief Co-Sponsor Sen. Kimberly A. Lightford
2023-02-24	Senate	Added as Chief Co-Sponsor Sen. Mattie Hunter
2023-02-21	Senate	Assigned to Special Committee on Criminal Law and Public Safety
2023-02-09	Senate	Referred to Assignments
2023-02-09	Senate	First Reading
2023-02-09	Senate	Filed with Secretary by Sen. Cristina H. Pacione-Zayas

Chapter	Article	Section	Citation Type	Statute Text
705	405	5-5A-101	New Code	See Bill Text
705	405	5-5A-105	New Code	See Bill Text
705	405	5-5A-110	New Code	See Bill Text
705	405	5-5A-115	New Code	See Bill Text
705	405	5-5A-120	New Code	See Bill Text
705	405	5-5A-125	New Code	See Bill Text
705	405	5-5A-130	New Code	See Bill Text
705	405	5-5A-135	New Code	See Bill Text
705	405	5-5A-140	New Code	See Bill Text
705	405	5-5A-145	New Code	See Bill Text
705	405	5-5A-150	New Code	See Bill Text
705	405	5-5A-155	New Code	See Bill Text
705	405	5-5A-160	New Code	See Bill Text
705	405	5-5A-165	New Code	See Bill Text
705	405	5-5A-170	New Code	See Bill Text
705	405	5-5A-175	New Code	See Bill Text
705	405	5-5A-180	New Code	See Bill Text
705	405	5-5A-185	New Code	See Bill Text
705	405	5-5A-190	New Code	See Bill Text
705	405	5-5A-195	New Code	See Bill Text
705	405	5-5A-200	New Code	See Bill Text
705	405	5-5A-205	New Code	See Bill Text
705	405	5-5A-210	New Code	See Bill Text
705	405	5-5A-215	New Code	See Bill Text
705	405	Art. Pt. 5A head	New Code	See Bill Text

Type	Source
Summary	https://www.ilga.gov/legislation/BillStatus.asp?DocNum=2042&GAID=17&DocTypeID=SB&SessionID=112&GA=103
Text	https://www.ilga.gov/legislation/103/SB/10300SB2042.htm
Amendment	https://www.ilga.gov/legislation/103/SB/10300SB2042sam001.htm