Public Act 096-1087
 
HB4583 EnrolledLRB096 13244 RLC 27910 b



    AN ACT concerning criminal law.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:



 
    Section 5. The Juvenile Court Act of 1987 is amended  by 
changing Sections 3-1, 3-7, and 3-15 and  by adding Section 3-40 
as follows:
 
    (705 ILCS 405/3-1)  (from Ch. 37, par. 803-1)
    Sec. 3-1. Jurisdictional facts. Proceedings may be 
instituted under
this Article concerning boys and girls who 
require authoritative intervention
as defined in Section 3-3, 
or who are truant minors in need of supervision
as defined in 
Section 3-33.5, or who are minors involved in electronic 
dissemination of indecent visual depictions in need of 
supervision as defined in Section 3-40.
(Source: P.A. 94-1011, eff. 7-7-06.)
 
    (705 ILCS 405/3-7)  (from Ch. 37, par. 803-7)
    Sec. 3-7. Taking into temporary custody. 
    (1) A law enforcement officer may, without a warrant, take 
into
temporary custody a minor (a) whom the officer with 
reasonable cause
believes to be a minor requiring authoritative 
intervention; (b) who has been
adjudged a ward of the court and 
has escaped from any commitment ordered by
the court under this 
Act; or (c) who is found in any street or public place

suffering from any sickness or injury which requires care, 
medical
treatment or hospitalization; or (d) whom the officer 
with reasonable cause believes to be a minor in need of 
supervision under Section 3-40.
    (2) Whenever a petition has been filed under Section 3-15 
and the
court finds that the conduct and behavior of the minor 
may endanger the
health, person, welfare, or property of 
himself or others or that the
circumstances of his home 
environment may endanger his health, person,
welfare or 
property, a warrant may be issued immediately to take the minor

into custody.
    (3) The taking of a minor into temporary custody under this 
Section is
not an arrest nor does it constitute a police 
record.
    (4) No minor taken into temporary custody shall be placed 
in a jail,
municipal lockup, detention center, or secure 
correctional facility.
(Source: P.A. 87-1154.)
 
    (705 ILCS 405/3-15)  (from Ch. 37, par. 803-15)
    Sec. 3-15. Petition; supplemental petitions. 
    (1) Any adult person, any
agency or association by its 
representative may file, or the court on its
own motion may 
direct the filing through the State's Attorney of a petition
in 
respect to a minor under this Act. The petition and all 
subsequent court
documents shall be entitled "In the interest 
of ...., a minor".
    (2) The petition shall be verified but the statements may 
be made
upon information and belief. It shall allege that the 
minor
requires authoritative intervention or supervision and 
set forth (a) facts sufficient to
bring the minor under Section 
3-3, or 3-33.5, or 3-40;
(b) the name, age and residence of the 
minor; (c) the
names and residences of his parents; (d) the 
name and residence of his
legal guardian or the person or 
persons having custody or control of the
minor, or of the 
nearest known relative if no parent or guardian can be
found; 
and (e) if the minor upon whose behalf the petition is brought 
is
sheltered in custody, the date on which shelter care was 
ordered by the
court or the date set for a shelter care 
hearing. If any of the facts
herein required are not known by 
the petitioner, the petition shall so
state.
    (3) The petition must allege that it is in the best 
interests of the
minor and of the public that he be adjudged a 
ward of the court and may
pray generally for relief available 
under this Act. The petition need
not specify any proposed 
disposition following adjudication of wardship.
    (4) If appointment of a guardian of the person with power 
to consent
to adoption of the minor under Section 3-30 is 
sought, the petition shall
so state.
    (5) At any time before dismissal of the petition or before 
final
closing and discharge under Section 3-32, one or more 
supplemental
petitions may be filed in respect to the same 
minor.
(Source: P.A. 94-1011, eff. 7-7-06.)
 
    (705 ILCS 405/3-40 new)
    Sec. 3-40.   Minors involved in electronic dissemination of 
indecent visual depictions in need of supervision.
    (a) For the purposes of this Section:
    "Computer" has the meaning ascribed to it in Section 16D-2 
of the Criminal Code of 1961.
    "Electronic communication device" means an electronic 
device, including but not limited to a wireless telephone, 
personal digital assistant, or a portable or mobile computer, 
that is capable of transmitting images or pictures.
    "Indecent visual depiction" means a depiction or portrayal 
in any pose, posture, or setting involving a lewd exhibition of 
the unclothed or transparently clothed genitals, pubic area, 
buttocks, or, if such person is female, a fully or partially 
developed breast of the person.
    "Minor" means a person under 18 years of age.
    (b) A minor shall not distribute or disseminate  an indecent 
visual depiction of another minor through the use of a computer 
or electronic communication device.
    (c) Adjudication.  A minor who violates subsection (b) of 
this Section may be subject to a petition for adjudication and 
adjudged a minor in need of supervision.
    (d) Kinds of dispositional orders.  A minor found to be in 
need of supervision under this Section may be:
        (1) ordered to obtain counseling or other supportive 
    services to address the acts that led to the need for 
    supervision; or
        (2) ordered to perform community service.
    (e) Nothing in this Section shall be construed to prohibit 
a prosecution for disorderly conduct, public indecency, child 
pornography, a violation of the Harassing and Obscene 
Communications Act, or any other applicable provision of law.