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Illinois General Assembly· HB 5310Governor Approved

JUV CT-TRANSFER-VENUE, the official text

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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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