State of Illinois
2019 and 2020


Introduced 2/15/2019, by Sen. Steve McClure


705 ILCS 405/5-130

    Amends the Juvenile Court Act of 1987. Provides that a minor who at the time of the offense was at least 16 years of age and who is charged with certain aggravated vehicular hijacking violations or certain armed robbery violations is not subject to the Act and shall be prosecuted under the criminal laws of the State.

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SB1691LRB101 11068 SLF 56272 b

1    AN ACT concerning courts.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 5-130 as follows:
6    (705 ILCS 405/5-130)
7    Sec. 5-130. Excluded jurisdiction.
8    (1)(a) The definition of delinquent minor under Section
95-120 of this Article shall not apply to any minor who at the
10time of an offense was at least 16 years of age and who is
11charged with: (i) first degree murder, (ii) aggravated criminal
12sexual assault, or (iii) aggravated battery with a firearm as
13described in Section 12-4.2 or subdivision (e)(1), (e)(2),
14(e)(3), or (e)(4) of Section 12-3.05 where the minor personally
15discharged a firearm as defined in Section 2-15.5 of the
16Criminal Code of 1961 or the Criminal Code of 2012, (iv)
17aggravated vehicular hijacking under subdivision (a)(4),
18(a)(5), or (a)(6) under Section 18-4 of the Criminal Code of
192012, or (v) armed robbery under subdivision (a)(2), (a)(3), or
20(a)(4) under Section 18-2 of the Criminal Code of 2012.
21    These charges and all other charges arising out of the same
22incident shall be prosecuted under the criminal laws of this



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1    (b)(i) If before trial or plea an information or indictment
2is filed that does not charge an offense specified in paragraph
3(a) of this subsection (1) the State's Attorney may proceed on
4any lesser charge or charges, but only in Juvenile Court under
5the provisions of this Article. The State's Attorney may
6proceed on a lesser charge if before trial the minor defendant
7knowingly and with advice of counsel waives, in writing, his or
8her right to have the matter proceed in Juvenile Court.
9    (ii) If before trial or plea an information or indictment
10is filed that includes one or more charges specified in
11paragraph (a) of this subsection (1) and additional charges
12that are not specified in that paragraph, all of the charges
13arising out of the same incident shall be prosecuted under the
14Criminal Code of 1961 or the Criminal Code of 2012.
15    (c)(i) If after trial or plea the minor is convicted of any
16offense covered by paragraph (a) of this subsection (1), then,
17in sentencing the minor, the court shall sentence the minor
18under Section 5-4.5-105 of the Unified Code of Corrections.
19    (ii) If after trial or plea the court finds that the minor
20committed an offense not covered by paragraph (a) of this
21subsection (1), that finding shall not invalidate the verdict
22or the prosecution of the minor under the criminal laws of the
23State; however, unless the State requests a hearing for the
24purpose of sentencing the minor under Chapter V of the Unified
25Code of Corrections, the Court must proceed under Sections
265-705 and 5-710 of this Article. To request a hearing, the



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1State must file a written motion within 10 days following the
2entry of a finding or the return of a verdict. Reasonable
3notice of the motion shall be given to the minor or his or her
4counsel. If the motion is made by the State, the court shall
5conduct a hearing to determine if the minor should be sentenced
6under Chapter V of the Unified Code of Corrections. In making
7its determination, the court shall consider among other
8matters: (a) whether there is evidence that the offense was
9committed in an aggressive and premeditated manner; (b) the age
10of the minor; (c) the previous history of the minor; (d)
11whether there are facilities particularly available to the
12Juvenile Court or the Department of Juvenile Justice for the
13treatment and rehabilitation of the minor; (e) whether the
14security of the public requires sentencing under Chapter V of
15the Unified Code of Corrections; and (f) whether the minor
16possessed a deadly weapon when committing the offense. The
17rules of evidence shall be the same as if at trial. If after
18the hearing the court finds that the minor should be sentenced
19under Chapter V of the Unified Code of Corrections, then the
20court shall sentence the minor under Section 5-4.5-105 of the
21Unified Code of Corrections.
22    (2) (Blank).
23    (3) (Blank).
24    (4) (Blank).
25    (5) (Blank).
26    (6) (Blank).



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1    (7) The procedures set out in this Article for the
2investigation, arrest and prosecution of juvenile offenders
3shall not apply to minors who are excluded from jurisdiction of
4the Juvenile Court, except that minors under 18 years of age
5shall be kept separate from confined adults.
6    (8) Nothing in this Act prohibits or limits the prosecution
7of any minor for an offense committed on or after his or her
818th birthday even though he or she is at the time of the
9offense a ward of the court.
10    (9) If an original petition for adjudication of wardship
11alleges the commission by a minor 13 years of age or over of an
12act that constitutes a crime under the laws of this State, the
13minor, with the consent of his or her counsel, may, at any time
14before commencement of the adjudicatory hearing, file with the
15court a motion that criminal prosecution be ordered and that
16the petition be dismissed insofar as the act or acts involved
17in the criminal proceedings are concerned. If such a motion is
18filed as herein provided, the court shall enter its order
20    (10) If, prior to August 12, 2005 (the effective date of
21Public Act 94-574), a minor is charged with a violation of
22Section 401 of the Illinois Controlled Substances Act under the
23criminal laws of this State, other than a minor charged with a
24Class X felony violation of the Illinois Controlled Substances
25Act or the Methamphetamine Control and Community Protection
26Act, any party including the minor or the court sua sponte may,



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1before trial, move for a hearing for the purpose of trying and
2sentencing the minor as a delinquent minor. To request a
3hearing, the party must file a motion prior to trial.
4Reasonable notice of the motion shall be given to all parties.
5On its own motion or upon the filing of a motion by one of the
6parties including the minor, the court shall conduct a hearing
7to determine whether the minor should be tried and sentenced as
8a delinquent minor under this Article. In making its
9determination, the court shall consider among other matters:
10        (a) The age of the minor;
11        (b) Any previous delinquent or criminal history of the
12    minor;
13        (c) Any previous abuse or neglect history of the minor;
14        (d) Any mental health or educational history of the
15    minor, or both; and
16        (e) Whether there is probable cause to support the
17    charge, whether the minor is charged through
18    accountability, and whether there is evidence the minor
19    possessed a deadly weapon or caused serious bodily harm
20    during the offense.
21    Any material that is relevant and reliable shall be
22admissible at the hearing. In all cases, the judge shall enter
23an order permitting prosecution under the criminal laws of
24Illinois unless the judge makes a finding based on a
25preponderance of the evidence that the minor would be amenable
26to the care, treatment, and training programs available through



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1the facilities of the juvenile court based on an evaluation of
2the factors listed in this subsection (10).
3    (11) The changes made to this Section by Public Act 98-61
4apply to a minor who has been arrested or taken into custody on
5or after January 1, 2014 (the effective date of Public Act
7(Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; 99-258,
8eff. 1-1-16.)