Rep. Elaine Nekritz

Filed: 4/20/2015

 

 


 

 


 
09900HB0172ham001LRB099 02786 RLC 34516 a

1
AMENDMENT TO HOUSE BILL 172

2    AMENDMENT NO. ______. Amend House Bill 172 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Juvenile Court Act of 1987 is amended by
5changing Sections 5-130, 5-407, 5-805, 5-810, and 5-821 and by
6adding Section 5-822 as follows:
 
7    (705 ILCS 405/5-130)
8    Sec. 5-130. Excluded jurisdiction.
9    (1)(a) The definition of delinquent minor under Section
105-120 of this Article shall not apply to any minor who at the
11time of an offense was at least 16 15 years of age and who is
12charged with: (i) first degree murder, (ii) aggravated criminal
13sexual assault, or (iii) aggravated battery with a firearm as
14described in Section 12-4.2 or subdivision (e)(1), (e)(2),
15(e)(3), or (e)(4) of Section 12-3.05 where the minor personally
16discharged a firearm as defined in Section 2-15.5 of the

 

 

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1Criminal Code of 1961 or the Criminal Code of 2012, (iv) armed
2robbery when the armed robbery was committed with a firearm, or
3(v) aggravated vehicular hijacking when the hijacking was
4committed with a firearm.
5    These charges and all other charges arising out of the same
6incident shall be prosecuted under the criminal laws of this
7State.
8    (b)(i) If before trial or plea an information or indictment
9is filed that does not charge an offense specified in paragraph
10(a) of this subsection (1) the State's Attorney may proceed on
11any lesser charge or charges, but only in Juvenile Court under
12the provisions of this Article. The State's Attorney may
13proceed on a lesser charge if before trial the minor defendant
14knowingly and with advice of counsel waives, in writing, his or
15her right to have the matter proceed in Juvenile Court.
16    (ii) If before trial or plea an information or indictment
17is filed that includes one or more charges specified in
18paragraph (a) of this subsection (1) and additional charges
19that are not specified in that paragraph, all of the charges
20arising out of the same incident shall be prosecuted under the
21Criminal Code of 1961 or the Criminal Code of 2012.
22    (c)(i) If after trial or plea the minor is convicted of any
23offense covered by paragraph (a) of this subsection (1), then,
24in sentencing the minor, the court shall sentence the minor
25under Section 5-4.5-105 of the Unified Code of Corrections have
26available any or all dispositions prescribed for that offense

 

 

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1under Chapter V of the Unified Code of Corrections.
2    (ii) If after trial or plea the court finds that the minor
3committed an offense not covered by paragraph (a) of this
4subsection (1), that finding shall not invalidate the verdict
5or the prosecution of the minor under the criminal laws of the
6State; however, unless the State requests a hearing for the
7purpose of sentencing the minor under Chapter V of the Unified
8Code of Corrections, the Court must proceed under Sections
95-705 and 5-710 of this Article. To request a hearing, the
10State must file a written motion within 10 days following the
11entry of a finding or the return of a verdict. Reasonable
12notice of the motion shall be given to the minor or his or her
13counsel. If the motion is made by the State, the court shall
14conduct a hearing to determine if the minor should be sentenced
15under Chapter V of the Unified Code of Corrections. In making
16its determination, the court shall consider among other
17matters: (a) whether there is evidence that the offense was
18committed in an aggressive and premeditated manner; (b) the age
19of the minor; (c) the previous history of the minor; (d)
20whether there are facilities particularly available to the
21Juvenile Court or the Department of Juvenile Justice for the
22treatment and rehabilitation of the minor; (e) whether the
23security of the public requires sentencing under Chapter V of
24the Unified Code of Corrections; and (f) whether the minor
25possessed a deadly weapon when committing the offense. The
26rules of evidence shall be the same as if at trial. If after

 

 

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1the hearing the court finds that the minor should be sentenced
2under Chapter V of the Unified Code of Corrections, then the
3court shall sentence the minor under Section 5-4.5-105 of the
4Unified Code of Corrections accordingly having available to it
5any or all dispositions so prescribed.
6    (2) (Blank).
7    (3) (Blank). (a) The definition of delinquent minor under
8Section 5-120 of this Article shall not apply to any minor who
9at the time of the offense was at least 15 years of age and who
10is charged with a violation of the provisions of paragraph (1),
11(3), (4), or (10) of subsection (a) of Section 24-1 of the
12Criminal Code of 1961 or the Criminal Code of 2012 while in
13school, regardless of the time of day or the time of year, or
14on the real property comprising any school, regardless of the
15time of day or the time of year. School is defined, for
16purposes of this Section as any public or private elementary or
17secondary school, community college, college, or university.
18These charges and all other charges arising out of the same
19incident shall be prosecuted under the criminal laws of this
20State.
21    (b)(i) If before trial or plea an information or indictment
22is filed that does not charge an offense specified in paragraph
23(a) of this subsection (3) the State's Attorney may proceed on
24any lesser charge or charges, but only in Juvenile Court under
25the provisions of this Article. The State's Attorney may
26proceed under the criminal laws of this State on a lesser

 

 

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1charge if before trial the minor defendant knowingly and with
2advice of counsel waives, in writing, his or her right to have
3the matter proceed in Juvenile Court.
4    (ii) If before trial or plea an information or indictment
5is filed that includes one or more charges specified in
6paragraph (a) of this subsection (3) and additional charges
7that are not specified in that paragraph, all of the charges
8arising out of the same incident shall be prosecuted under the
9criminal laws of this State.
10    (c)(i) If after trial or plea the minor is convicted of any
11offense covered by paragraph (a) of this subsection (3), then,
12in sentencing the minor, the court shall have available any or
13all dispositions prescribed for that offense under Chapter V of
14the Unified Code of Corrections.
15    (ii) If after trial or plea the court finds that the minor
16committed an offense not covered by paragraph (a) of this
17subsection (3), that finding shall not invalidate the verdict
18or the prosecution of the minor under the criminal laws of the
19State; however, unless the State requests a hearing for the
20purpose of sentencing the minor under Chapter V of the Unified
21Code of Corrections, the Court must proceed under Sections
225-705 and 5-710 of this Article. To request a hearing, the
23State must file a written motion within 10 days following the
24entry of a finding or the return of a verdict. Reasonable
25notice of the motion shall be given to the minor or his or her
26counsel. If the motion is made by the State, the court shall

 

 

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1conduct a hearing to determine if the minor should be sentenced
2under Chapter V of the Unified Code of Corrections. In making
3its determination, the court shall consider among other
4matters: (a) whether there is evidence that the offense was
5committed in an aggressive and premeditated manner; (b) the age
6of the minor; (c) the previous history of the minor; (d)
7whether there are facilities particularly available to the
8Juvenile Court or the Department of Juvenile Justice for the
9treatment and rehabilitation of the minor; (e) whether the
10security of the public requires sentencing under Chapter V of
11the Unified Code of Corrections; and (f) whether the minor
12possessed a deadly weapon when committing the offense. The
13rules of evidence shall be the same as if at trial. If after
14the hearing the court finds that the minor should be sentenced
15under Chapter V of the Unified Code of Corrections, then the
16court shall sentence the minor accordingly having available to
17it any or all dispositions so prescribed.
18    (4) (Blank). (a) The definition of delinquent minor under
19Section 5-120 of this Article shall not apply to any minor who
20at the time of an offense was at least 13 years of age and who
21is charged with first degree murder committed during the course
22of either aggravated criminal sexual assault, criminal sexual
23assault, or aggravated kidnaping. However, this subsection (4)
24does not include a minor charged with first degree murder based
25exclusively upon the accountability provisions of the Criminal
26Code of 1961 or the Criminal Code of 2012.

 

 

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1    (b)(i) If before trial or plea an information or indictment
2is filed that does not charge first degree murder committed
3during the course of aggravated criminal sexual assault,
4criminal sexual assault, or aggravated kidnaping, the State's
5Attorney may proceed on any lesser charge or charges, but only
6in Juvenile Court under the provisions of this Article. The
7State's Attorney may proceed under the criminal laws of this
8State on a lesser charge if before trial the minor defendant
9knowingly and with advice of counsel waives, in writing, his or
10her right to have the matter proceed in Juvenile Court.
11    (ii) If before trial or plea an information or indictment
12is filed that includes first degree murder committed during the
13course of aggravated criminal sexual assault, criminal sexual
14assault, or aggravated kidnaping, and additional charges that
15are not specified in paragraph (a) of this subsection, all of
16the charges arising out of the same incident shall be
17prosecuted under the criminal laws of this State.
18    (c)(i) If after trial or plea the minor is convicted of
19first degree murder committed during the course of aggravated
20criminal sexual assault, criminal sexual assault, or
21aggravated kidnaping, in sentencing the minor, the court shall
22have available any or all dispositions prescribed for that
23offense under Chapter V of the Unified Code of Corrections.
24    (ii) If the minor was not yet 15 years of age at the time of
25the offense, and if after trial or plea the court finds that
26the minor committed an offense other than first degree murder

 

 

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1committed during the course of either aggravated criminal
2sexual assault, criminal sexual assault, or aggravated
3kidnapping, the finding shall not invalidate the verdict or the
4prosecution of the minor under the criminal laws of the State;
5however, unless the State requests a hearing for the purpose of
6sentencing the minor under Chapter V of the Unified Code of
7Corrections, the Court must proceed under Sections 5-705 and
85-710 of this Article. To request a hearing, the State must
9file a written motion within 10 days following the entry of a
10finding or the return of a verdict. Reasonable notice of the
11motion shall be given to the minor or his or her counsel. If
12the motion is made by the State, the court shall conduct a
13hearing to determine whether the minor should be sentenced
14under Chapter V of the Unified Code of Corrections. In making
15its determination, the court shall consider among other
16matters: (a) whether there is evidence that the offense was
17committed in an aggressive and premeditated manner; (b) the age
18of the minor; (c) the previous delinquent history of the minor;
19(d) whether there are facilities particularly available to the
20Juvenile Court or the Department of Juvenile Justice for the
21treatment and rehabilitation of the minor; (e) whether the best
22interest of the minor and the security of the public require
23sentencing under Chapter V of the Unified Code of Corrections;
24and (f) whether the minor possessed a deadly weapon when
25committing the offense. The rules of evidence shall be the same
26as if at trial. If after the hearing the court finds that the

 

 

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1minor should be sentenced under Chapter V of the Unified Code
2of Corrections, then the court shall sentence the minor
3accordingly having available to it any or all dispositions so
4prescribed.
5    (5) (Blank). (a) The definition of delinquent minor under
6Section 5-120 of this Article shall not apply to any minor who
7is charged with a violation of subsection (a) of Section 31-6
8or Section 32-10 of the Criminal Code of 1961 or the Criminal
9Code of 2012 when the minor is subject to prosecution under the
10criminal laws of this State as a result of the application of
11the provisions of Section 5-125, or subsection (1) or (2) of
12this Section. These charges and all other charges arising out
13of the same incident shall be prosecuted under the criminal
14laws of this State.
15    (b)(i) If before trial or plea an information or indictment
16is filed that does not charge an offense specified in paragraph
17(a) of this subsection (5), the State's Attorney may proceed on
18any lesser charge or charges, but only in Juvenile Court under
19the provisions of this Article. The State's Attorney may
20proceed under the criminal laws of this State on a lesser
21charge if before trial the minor defendant knowingly and with
22advice of counsel waives, in writing, his or her right to have
23the matter proceed in Juvenile Court.
24    (ii) If before trial or plea an information or indictment
25is filed that includes one or more charges specified in
26paragraph (a) of this subsection (5) and additional charges

 

 

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1that are not specified in that paragraph, all of the charges
2arising out of the same incident shall be prosecuted under the
3criminal laws of this State.
4    (c)(i) If after trial or plea the minor is convicted of any
5offense covered by paragraph (a) of this subsection (5), then,
6in sentencing the minor, the court shall have available any or
7all dispositions prescribed for that offense under Chapter V of
8the Unified Code of Corrections.
9    (ii) If after trial or plea the court finds that the minor
10committed an offense not covered by paragraph (a) of this
11subsection (5), the conviction shall not invalidate the verdict
12or the prosecution of the minor under the criminal laws of this
13State; however, unless the State requests a hearing for the
14purpose of sentencing the minor under Chapter V of the Unified
15Code of Corrections, the Court must proceed under Sections
165-705 and 5-710 of this Article. To request a hearing, the
17State must file a written motion within 10 days following the
18entry of a finding or the return of a verdict. Reasonable
19notice of the motion shall be given to the minor or his or her
20counsel. If the motion is made by the State, the court shall
21conduct a hearing to determine if whether the minor should be
22sentenced under Chapter V of the Unified Code of Corrections.
23In making its determination, the court shall consider among
24other matters: (a) whether there is evidence that the offense
25was committed in an aggressive and premeditated manner; (b) the
26age of the minor; (c) the previous delinquent history of the

 

 

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1minor; (d) whether there are facilities particularly available
2to the Juvenile Court or the Department of Juvenile Justice for
3the treatment and rehabilitation of the minor; (e) whether the
4security of the public requires sentencing under Chapter V of
5the Unified Code of Corrections; and (f) whether the minor
6possessed a deadly weapon when committing the offense. The
7rules of evidence shall be the same as if at trial. If after
8the hearing the court finds that the minor should be sentenced
9under Chapter V of the Unified Code of Corrections, then the
10court shall sentence the minor accordingly having available to
11it any or all dispositions so prescribed.
12    (6) (Blank). The definition of delinquent minor under
13Section 5-120 of this Article shall not apply to any minor who,
14pursuant to subsection (1) or (3) or Section 5-805 or 5-810,
15has previously been placed under the jurisdiction of the
16criminal court and has been convicted of a crime under an adult
17criminal or penal statute. Such a minor shall be subject to
18prosecution under the criminal laws of this State.
19    (7) The procedures set out in this Article for the
20investigation, arrest and prosecution of juvenile offenders
21shall not apply to minors who are excluded from jurisdiction of
22the Juvenile Court, except that minors under 18 years of age
23shall be kept separate from confined adults.
24    (8) Nothing in this Act prohibits or limits the prosecution
25of any minor for an offense committed on or after his or her
2618th birthday even though he or she is at the time of the

 

 

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1offense a ward of the court.
2    (9) If an original petition for adjudication of wardship
3alleges the commission by a minor 13 years of age or over of an
4act that constitutes a crime under the laws of this State, the
5minor, with the consent of his or her counsel, may, at any time
6before commencement of the adjudicatory hearing, file with the
7court a motion that criminal prosecution be ordered and that
8the petition be dismissed insofar as the act or acts involved
9in the criminal proceedings are concerned. If such a motion is
10filed as herein provided, the court shall enter its order
11accordingly.
12    (10) If, prior to August 12, 2005 (the effective date of
13Public Act 94-574), a minor is charged with a violation of
14Section 401 of the Illinois Controlled Substances Act under the
15criminal laws of this State, other than a minor charged with a
16Class X felony violation of the Illinois Controlled Substances
17Act or the Methamphetamine Control and Community Protection
18Act, any party including the minor or the court sua sponte may,
19before trial, move for a hearing for the purpose of trying and
20sentencing the minor as a delinquent minor. To request a
21hearing, the party must file a motion prior to trial.
22Reasonable notice of the motion shall be given to all parties.
23On its own motion or upon the filing of a motion by one of the
24parties including the minor, the court shall conduct a hearing
25to determine whether the minor should be tried and sentenced as
26a delinquent minor under this Article. In making its

 

 

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1determination, the court shall consider among other matters:
2        (a) The age of the minor;
3        (b) Any previous delinquent or criminal history of the
4    minor;
5        (c) Any previous abuse or neglect history of the minor;
6        (d) Any mental health or educational history of the
7    minor, or both; and
8        (e) Whether there is probable cause to support the
9    charge, whether the minor is charged through
10    accountability, and whether there is evidence the minor
11    possessed a deadly weapon or caused serious bodily harm
12    during the offense.
13    Any material that is relevant and reliable shall be
14admissible at the hearing. In all cases, the judge shall enter
15an order permitting prosecution under the criminal laws of
16Illinois unless the judge makes a finding based on a
17preponderance of the evidence that the minor would be amenable
18to the care, treatment, and training programs available through
19the facilities of the juvenile court based on an evaluation of
20the factors listed in this subsection (10).
21    (11) The changes made to this Section by Public Act 98-61
22apply to a minor who has been arrested or taken into custody on
23or after January 1, 2014 (the effective date of Public Act
2498-61).
25(Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14;
2698-756, eff. 7-16-14.)
 

 

 

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1    (705 ILCS 405/5-407)
2    Sec. 5-407. Processing of juvenile in possession of a
3firearm.
4    (a) If a law enforcement officer detains a minor pursuant
5to Section 10-27.1A of the School Code, the officer shall
6deliver the minor to the nearest juvenile officer, in the
7manner prescribed by subsection (2) of Section 5-405 of this
8Act. The juvenile officer shall deliver the minor without
9unnecessary delay to the court or to the place designated by
10rule or order of court for the reception of minors. In no event
11shall the minor be eligible for any other disposition by the
12juvenile police officer, notwithstanding the provisions of
13subsection (3) of Section 5-405 of this Act.
14    (b) Minors not excluded from this Act's jurisdiction under
15subsection (3)(a) of Section 5-130 of this Act shall be brought
16before a judicial officer within 40 hours, exclusive of
17Saturdays, Sundays, and court-designated holidays, for a
18detention hearing to determine whether he or she shall be
19further held in custody. If the court finds that there is
20probable cause to believe that the minor is a delinquent minor
21by virtue of his or her violation of item (4) of subsection (a)
22of Section 24-1 of the Criminal Code of 1961 or the Criminal
23Code of 2012 while on school grounds, that finding shall create
24a presumption that immediate and urgent necessity exists under
25subdivision (2) of Section 5-501 of this Act. Once the

 

 

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1presumption of immediate and urgent necessity has been raised,
2the burden of demonstrating the lack of immediate and urgent
3necessity shall be on any party that is opposing detention for
4the minor. Should the court order detention pursuant to this
5Section, the minor shall be detained, pending the results of a
6court-ordered psychological evaluation to determine if the
7minor is a risk to himself, herself, or others. Upon receipt of
8the psychological evaluation, the court shall review the
9determination regarding the existence of urgent and immediate
10necessity. The court shall consider the psychological
11evaluation in conjunction with the other factors identified in
12subdivision (2) of Section 5-501 of this Act in order to make a
13de novo determination regarding whether it is a matter of
14immediate and urgent necessity for the protection of the minor
15or of the person or property of another that the minor be
16detained or placed in a shelter care facility. In addition to
17the pre-trial conditions found in Section 5-505 of this Act,
18the court may order the minor to receive counseling and any
19other services recommended by the psychological evaluation as a
20condition for release of the minor.
21    (c) Upon making a determination that the student presents a
22risk to himself, herself, or others, the court shall issue an
23order restraining the student from entering the property of the
24school if he or she has been suspended or expelled from the
25school as a result of possessing a firearm. The order shall
26restrain the student from entering the school and school owned

 

 

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1or leased property, including any conveyance owned, leased, or
2contracted by the school to transport students to or from
3school or a school-related activity. The order shall remain in
4effect until such time as the court determines that the student
5no longer presents a risk to himself, herself, or others.
6    (d) Psychological evaluations ordered pursuant to
7subsection (b) of this Section and statements made by the minor
8during the course of these evaluations, shall not be admissible
9on the issue of delinquency during the course of any
10adjudicatory hearing held under this Act.
11    (e) In this Section:
12    "School" means any public or private elementary or
13secondary school.
14    "School grounds" includes the real property comprising any
15school, any conveyance owned, leased, or contracted by a school
16to transport students to or from school or a school-related
17activity, or any public way within 1,000 feet of the real
18property comprising any school.
19(Source: P.A. 97-1150, eff. 1-25-13.)
 
20    (705 ILCS 405/5-805)
21    Sec. 5-805. Transfer of jurisdiction.
22    (1) (Blank). Mandatory transfers.
23        (a) If a petition alleges commission by a minor 15
24    years of age or older of an act that constitutes a forcible
25    felony under the laws of this State, and if a motion by the

 

 

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1    State's Attorney to prosecute the minor under the criminal
2    laws of Illinois for the alleged forcible felony alleges
3    that (i) the minor has previously been adjudicated
4    delinquent or found guilty for commission of an act that
5    constitutes a felony under the laws of this State or any
6    other state and (ii) the act that constitutes the offense
7    was committed in furtherance of criminal activity by an
8    organized gang, the Juvenile Judge assigned to hear and
9    determine those motions shall, upon determining that there
10    is probable cause that both allegations are true, enter an
11    order permitting prosecution under the criminal laws of
12    Illinois.
13        (b) If a petition alleges commission by a minor 15
14    years of age or older of an act that constitutes a felony
15    under the laws of this State, and if a motion by a State's
16    Attorney to prosecute the minor under the criminal laws of
17    Illinois for the alleged felony alleges that (i) the minor
18    has previously been adjudicated delinquent or found guilty
19    for commission of an act that constitutes a forcible felony
20    under the laws of this State or any other state and (ii)
21    the act that constitutes the offense was committed in
22    furtherance of criminal activities by an organized gang,
23    the Juvenile Judge assigned to hear and determine those
24    motions shall, upon determining that there is probable
25    cause that both allegations are true, enter an order
26    permitting prosecution under the criminal laws of

 

 

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1    Illinois.
2        (c) If a petition alleges commission by a minor 15
3    years of age or older of: (i) an act that constitutes an
4    offense enumerated in the presumptive transfer provisions
5    of subsection (2); and (ii) the minor has previously been
6    adjudicated delinquent or found guilty of a forcible
7    felony, the Juvenile Judge designated to hear and determine
8    those motions shall, upon determining that there is
9    probable cause that both allegations are true, enter an
10    order permitting prosecution under the criminal laws of
11    Illinois.
12        (d) If a petition alleges commission by a minor 15
13    years of age or older of an act that constitutes the
14    offense of aggravated discharge of a firearm committed in a
15    school, on the real property comprising a school, within
16    1,000 feet of the real property comprising a school, at a
17    school related activity, or on, boarding, or departing from
18    any conveyance owned, leased, or contracted by a school or
19    school district to transport students to or from school or
20    a school related activity, regardless of the time of day or
21    the time of year, the juvenile judge designated to hear and
22    determine those motions shall, upon determining that there
23    is probable cause that the allegations are true, enter an
24    order permitting prosecution under the criminal laws of
25    Illinois.
26        For purposes of this paragraph (d) of subsection (1):

 

 

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1        "School" means a public or private elementary or
2    secondary school, community college, college, or
3    university.
4        "School related activity" means any sporting, social,
5    academic, or other activity for which students' attendance
6    or participation is sponsored, organized, or funded in
7    whole or in part by a school or school district.
8    (2) (Blank). Presumptive transfer.
9        (a) If the State's Attorney files a petition, at any
10    time prior to commencement of the minor's trial, to permit
11    prosecution under the criminal laws and the petition
12    alleges the commission by a minor 15 years of age or older
13    of: (i) a Class X felony other than armed violence; (ii)
14    aggravated discharge of a firearm; (iii) armed violence
15    with a firearm when the predicate offense is a Class 1 or
16    Class 2 felony and the State's Attorney's motion to
17    transfer the case alleges that the offense committed is in
18    furtherance of the criminal activities of an organized
19    gang; (iv) armed violence with a firearm when the predicate
20    offense is a violation of the Illinois Controlled
21    Substances Act, a violation of the Cannabis Control Act, or
22    a violation of the Methamphetamine Control and Community
23    Protection Act; (v) armed violence when the weapon involved
24    was a machine gun or other weapon described in subsection
25    (a)(7) of Section 24-1 of the Criminal Code of 1961 or the
26    Criminal Code of 2012; (vi) an act in violation of Section

 

 

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1    401 of the Illinois Controlled Substances Act which is a
2    Class X felony, while in a school, regardless of the time
3    of day or the time of year, or on any conveyance owned,
4    leased, or contracted by a school to transport students to
5    or from school or a school related activity, or on
6    residential property owned, operated, or managed by a
7    public housing agency or leased by a public housing agency
8    as part of a scattered site or mixed-income development; or
9    (vii) an act in violation of Section 401 of the Illinois
10    Controlled Substances Act and the offense is alleged to
11    have occurred while in a school or on a public way within
12    1,000 feet of the real property comprising any school,
13    regardless of the time of day or the time of year when the
14    delivery or intended delivery of any amount of the
15    controlled substance is to a person under 17 years of age,
16    (to qualify for a presumptive transfer under paragraph (vi)
17    or (vii) of this clause (2)(a), the violation cannot be
18    based upon subsection (b) of Section 407 of the Illinois
19    Controlled Substances Act) and, if the juvenile judge
20    assigned to hear and determine motions to transfer a case
21    for prosecution in the criminal court determines that there
22    is probable cause to believe that the allegations in the
23    petition and motion are true, there is a rebuttable
24    presumption that the minor is not a fit and proper subject
25    to be dealt with under the Juvenile Justice Reform
26    Provisions of 1998 (Public Act 90-590), and that, except as

 

 

09900HB0172ham001- 21 -LRB099 02786 RLC 34516 a

1    provided in paragraph (b), the case should be transferred
2    to the criminal court.
3        (b) The judge shall enter an order permitting
4    prosecution under the criminal laws of Illinois unless the
5    judge makes a finding based on clear and convincing
6    evidence that the minor would be amenable to the care,
7    treatment, and training programs available through the
8    facilities of the juvenile court based on an evaluation of
9    the following:
10            (i) the age of the minor;
11            (ii) the history of the minor, including:
12                (A) any previous delinquent or criminal
13            history of the minor,
14                (B) any previous abuse or neglect history of
15            the minor, and
16                (C) any mental health, physical or educational
17            history of the minor or combination of these
18            factors;
19            (iii) the circumstances of the offense, including:
20                (A) the seriousness of the offense,
21                (B) whether the minor is charged through
22            accountability,
23                (C) whether there is evidence the offense was
24            committed in an aggressive and premeditated
25            manner,
26                (D) whether there is evidence the offense

 

 

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1            caused serious bodily harm,
2                (E) whether there is evidence the minor
3            possessed a deadly weapon;
4            (iv) the advantages of treatment within the
5        juvenile justice system including whether there are
6        facilities or programs, or both, particularly
7        available in the juvenile system;
8            (v) whether the security of the public requires
9        sentencing under Chapter V of the Unified Code of
10        Corrections:
11                (A) the minor's history of services, including
12            the minor's willingness to participate
13            meaningfully in available services;
14                (B) whether there is a reasonable likelihood
15            that the minor can be rehabilitated before the
16            expiration of the juvenile court's jurisdiction;
17                (C) the adequacy of the punishment or
18            services.
19        In considering these factors, the court shall give
20    greater weight to the seriousness of the alleged offense
21    and the minor's prior record of delinquency than to the
22    other factors listed in this subsection.
23    For purposes of clauses (2)(a)(vi) and (vii):
24    "School" means a public or private elementary or secondary
25school, community college, college, or university.
26    "School related activity" means any sporting, social,

 

 

09900HB0172ham001- 23 -LRB099 02786 RLC 34516 a

1academic, or other activity for which students' attendance or
2participation is sponsored, organized, or funded in whole or in
3part by a school or school district.
4    (3) Discretionary transfer.
5        (a) If a petition alleges commission by a minor 13
6    years of age or over of an act that constitutes a crime
7    under the laws of this State and, on motion of the State's
8    Attorney to permit prosecution of the minor under the
9    criminal laws, a Juvenile Judge assigned by the Chief Judge
10    of the Circuit to hear and determine those motions, after
11    hearing but before commencement of the trial, finds that
12    there is probable cause to believe that the allegations in
13    the motion are true and that it is not in the best
14    interests of the public to proceed under this Act, the
15    court may enter an order permitting prosecution under the
16    criminal laws.
17        (b) In making its determination on the motion to permit
18    prosecution under the criminal laws, the court shall
19    consider among other matters:
20            (i) the age of the minor;
21            (ii) the history of the minor, including:
22                (A) any previous delinquent or criminal
23            history of the minor,
24                (B) any previous abuse or neglect history of
25            the minor, and
26                (C) any mental health, physical, or

 

 

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1            educational history of the minor or combination of
2            these factors;
3            (iii) the circumstances of the offense, including:
4                (A) the seriousness of the offense,
5                (B) whether the minor is charged through
6            accountability,
7                (C) whether there is evidence the offense was
8            committed in an aggressive and premeditated
9            manner,
10                (D) whether there is evidence the offense
11            caused serious bodily harm,
12                (E) whether there is evidence the minor
13            possessed a deadly weapon;
14            (iv) the advantages of treatment within the
15        juvenile justice system including whether there are
16        facilities or programs, or both, particularly
17        available in the juvenile system;
18            (v) whether the security of the public requires
19        sentencing under Chapter V of the Unified Code of
20        Corrections:
21                (A) the minor's history of services, including
22            the minor's willingness to participate
23            meaningfully in available services;
24                (B) whether there is a reasonable likelihood
25            that the minor can be rehabilitated before the
26            expiration of the juvenile court's jurisdiction;

 

 

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1                (C) the adequacy of the punishment or
2            services.
3        In considering these factors, the court shall give
4    greater weight to the seriousness of the alleged offense,
5    and the minor's prior record of delinquency, and whether
6    the minor is charged through accountability than to the
7    other factors listed in this subsection.
8    (4) The rules of evidence for this hearing shall be the
9same as under Section 5-705 of this Act. A minor must be
10represented in court by counsel before the hearing may be
11commenced.
12    (5) If criminal proceedings are instituted, the petition
13for adjudication of wardship shall be dismissed insofar as the
14act or acts involved in the criminal proceedings. Taking of
15evidence in a trial on petition for adjudication of wardship is
16a bar to criminal proceedings based upon the conduct alleged in
17the petition.
18    (6) When criminal prosecution is permitted under this
19Section and a finding of guilt is entered, the criminal court
20shall sentence the minor under Section 5-4.5-105 of the Unified
21Code of Corrections.
22    (7) The changes made to this Section by this amendatory Act
23of the 99th General Assembly apply to a minor who has been
24taken into custody on or after the effective date of this
25amendatory Act of the 99th General Assembly.
26(Source: P.A. 97-1150, eff. 1-25-13.)
 

 

 

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1    (705 ILCS 405/5-810)
2    Sec. 5-810. Extended jurisdiction juvenile prosecutions.
3    (1) (a) If the State's Attorney files a petition, at any
4time prior to commencement of the minor's trial, to designate
5the proceeding as an extended jurisdiction juvenile
6prosecution and the petition alleges the commission by a minor
713 years of age or older of any offense which would be a felony
8if committed by an adult, and, if the juvenile judge assigned
9to hear and determine petitions to designate the proceeding as
10an extended jurisdiction juvenile prosecution determines that
11there is probable cause to believe that the allegations in the
12petition and motion are true, there is a rebuttable presumption
13that the proceeding shall be designated as an extended
14jurisdiction juvenile proceeding.
15    (b) The judge shall enter an order designating the
16proceeding as an extended jurisdiction juvenile proceeding
17unless the judge makes a finding based on clear and convincing
18evidence that sentencing under the Chapter V of the Unified
19Code of Corrections would not be appropriate for the minor
20based on an evaluation of the following factors:
21        (i) the age of the minor;
22        (ii) the history of the minor, including:
23            (A) any previous delinquent or criminal history of
24        the minor,
25            (B) any previous abuse or neglect history of the

 

 

09900HB0172ham001- 27 -LRB099 02786 RLC 34516 a

1        minor, and
2            (C) any mental health, physical and/or educational
3        history of the minor;
4        (iii) the circumstances of the offense, including:
5            (A) the seriousness of the offense,
6            (B) whether the minor is charged through
7        accountability,
8            (C) whether there is evidence the offense was
9        committed in an aggressive and premeditated manner,
10            (D) whether there is evidence the offense caused
11        serious bodily harm,
12            (E) whether there is evidence the minor possessed a
13        deadly weapon;
14        (iv) the advantages of treatment within the juvenile
15    justice system including whether there are facilities or
16    programs, or both, particularly available in the juvenile
17    system;
18        (v) whether the security of the public requires
19    sentencing under Chapter V of the Unified Code of
20    Corrections:
21            (A) the minor's history of services, including the
22        minor's willingness to participate meaningfully in
23        available services;
24            (B) whether there is a reasonable likelihood that
25        the minor can be rehabilitated before the expiration of
26        the juvenile court's jurisdiction;

 

 

09900HB0172ham001- 28 -LRB099 02786 RLC 34516 a

1            (C) the adequacy of the punishment or services.
2    In considering these factors, the court shall give greater
3weight to the seriousness of the alleged offense, and the
4minor's prior record of delinquency, and whether the minor is
5charged through accountability than to other factors listed in
6this subsection.
7    (2) Procedures for extended jurisdiction juvenile
8prosecutions. The State's Attorney may file a written motion
9for a proceeding to be designated as an extended juvenile
10jurisdiction prior to commencement of trial. Notice of the
11motion shall be in compliance with Section 5-530. When the
12State's Attorney files a written motion that a proceeding be
13designated an extended jurisdiction juvenile prosecution, the
14court shall commence a hearing within 30 days of the filing of
15the motion for designation, unless good cause is shown by the
16prosecution or the minor as to why the hearing could not be
17held within this time period. If the court finds good cause has
18been demonstrated, then the hearing shall be held within 60
19days of the filing of the motion. The hearings shall be open to
20the public unless the judge finds that the hearing should be
21closed for the protection of any party, victim or witness. If
22the Juvenile Judge assigned to hear and determine a motion to
23designate an extended jurisdiction juvenile prosecution
24determines that there is probable cause to believe that the
25allegations in the petition and motion are true the court shall
26grant the motion for designation. Information used by the court

 

 

09900HB0172ham001- 29 -LRB099 02786 RLC 34516 a

1in its findings or stated in or offered in connection with this
2Section may be by way of proffer based on reliable information
3offered by the State or the minor. All evidence shall be
4admissible if it is relevant and reliable regardless of whether
5it would be admissible under the rules of evidence.
6    (3) Trial. A minor who is subject of an extended
7jurisdiction juvenile prosecution has the right to trial by
8jury. Any trial under this Section shall be open to the public.
9    (4) Sentencing. If an extended jurisdiction juvenile
10prosecution under subsection (1) results in a guilty plea, a
11verdict of guilty, or a finding of guilt, the court shall
12impose the following:
13        (i) one or more juvenile sentences under Section 5-710;
14    and
15        (ii) an adult criminal sentence in accordance with the
16    provisions of Section 5-4.5-105 of the Unified Code of
17    Corrections Chapter V of the Unified Code of Corrections,
18    the execution of which shall be stayed on the condition
19    that the offender not violate the provisions of the
20    juvenile sentence.
21Any sentencing hearing under this Section shall be open to the
22public.
23    (5) If, after an extended jurisdiction juvenile
24prosecution trial, a minor is convicted of a lesser-included
25offense or of an offense that the State's Attorney did not
26designate as an extended jurisdiction juvenile prosecution,

 

 

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1the State's Attorney may file a written motion, within 10 days
2of the finding of guilt, that the minor be sentenced as an
3extended jurisdiction juvenile prosecution offender. The court
4shall rule on this motion using the factors found in paragraph
5(1)(b) of Section 5-805. If the court denies the State's
6Attorney's motion for sentencing under the extended
7jurisdiction juvenile prosecution provision, the court shall
8proceed to sentence the minor under Section 5-710.
9    (6) When it appears that a minor convicted in an extended
10jurisdiction juvenile prosecution under subsection (1) has
11violated the conditions of his or her sentence, or is alleged
12to have committed a new offense upon the filing of a petition
13to revoke the stay, the court may, without notice, issue a
14warrant for the arrest of the minor. After a hearing, if the
15court finds by a preponderance of the evidence that the minor
16committed a new offense, the court shall order execution of the
17previously imposed adult criminal sentence. After a hearing, if
18the court finds by a preponderance of the evidence that the
19minor committed a violation of his or her sentence other than
20by a new offense, the court may order execution of the
21previously imposed adult criminal sentence or may continue him
22or her on the existing juvenile sentence with or without
23modifying or enlarging the conditions. Upon revocation of the
24stay of the adult criminal sentence and imposition of that
25sentence, the minor's extended jurisdiction juvenile status
26shall be terminated. The on-going jurisdiction over the minor's

 

 

09900HB0172ham001- 31 -LRB099 02786 RLC 34516 a

1case shall be assumed by the adult criminal court and juvenile
2court jurisdiction shall be terminated and a report of the
3imposition of the adult sentence shall be sent to the
4Department of State Police.
5    (7) Upon successful completion of the juvenile sentence the
6court shall vacate the adult criminal sentence.
7    (8) Nothing in this Section precludes the State from filing
8a motion for transfer under Section 5-805.
9(Source: P.A. 94-574, eff. 8-12-05; 95-331, eff. 8-21-07.)
 
10    (705 ILCS 405/5-822 new)
11    Sec. 5-822. Data collection. On the effective date of this
12amendatory Act of the 99th General Assembly:
13        (1) The Clerk of the Circuit Court of every county in
14    this State, shall track the filing, processing, and
15    disposition of all cases:
16            (a) initiated in criminal court under Section
17        5-130 of this Act;
18            (b) in which a motion to transfer was filed by the
19        State under Section 5-805 of this Act;
20            (c) in which a motion for extended jurisdiction was
21        filed by the State under Section 5-810 of this Act;
22            (d) in which a designation is sought of a Habitual
23        Juvenile Offender under Section 5-815 of this Act; and
24            (e) in which a designation is sought of a Violent
25        Juvenile Offender under Section 5-820 of this Act.

 

 

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1        (2) For each category of case listed in subsection (1),
2    the clerk shall collect the following:
3            (a) age of the defendant at the time of offense;
4            (b) race and ethnicity of the defendant;
5            (c) gender of the defendant;
6            (d) the offense or offenses charged;
7            (e) date filed and the date of final disposition;
8            (f) the final disposition;
9            (g) for those cases resulting in a finding or plea
10        of guilty:
11                (i) charge or charges for which they are
12            convicted
13                (ii) sentence for each charge;
14            (h) for cases under paragraph (c) of subsection
15        (1), the clerk shall report if the adult sentence is
16        applied due to non-compliance with the juvenile
17        sentence.
18        (3) On January 15 and June 15 of each year beginning 6
19    months after the effective date of this amendatory Act of
20    the 99th General Assembly, the Clerk of each county shall
21    submit a report outlining all of the information from
22    subsection (2) to the General Assembly and the county board
23    of the clerk's respective county.
24        (4) No later than 2 months after the effective date of
25    this amendatory Act of the 99th General Assembly, the
26    standards, confidentiality protocols, format, and data

 

 

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1    depository for the semi-annual reports described in this
2    Section shall be identified by the State Advisory Group on
3    Juvenile Justice and Delinquency Prevention and
4    distributed to the General Assembly, county boards, and
5    county clerks' offices.
 
6    (705 ILCS 405/5-821 rep.)
7    Section 10. The Juvenile Court Act of 1987 is amended by
8repealing Section 5-821.
 
9    Section 15. The Unified Code of Corrections is amended by
10adding Section 5-4.5-105 as follows:
 
11    (730 ILCS 5/5-4.5-105 new)
12    Sec. 5-4.5-105. Sentencing of individuals under the age of
1318 at the time of the commission of an offense.
14    (a) On or after the effective date of this amendatory Act
15of the 99th General Assembly, when a person commits an offense
16and the person is under 18 years of age at the time of the
17commission of the offense, the court, at the sentencing hearing
18conducted under Section 5-4-1, shall consider the following
19additional factors in mitigation in determining the
20appropriate sentence:
21        (1) the person's age, impetuosity, and level of
22    maturity at the time of the offense, including the ability
23    to consider risks and consequences of behavior, and the

 

 

09900HB0172ham001- 34 -LRB099 02786 RLC 34516 a

1    presence of cognitive or developmental disability, or
2    both, if any;
3        (2) whether the person was subjected to outside
4    pressure, including peer pressure, familial pressure, or
5    negative influences;
6        (3) the person's family, home environment, educational
7    and social background, including any history of parental
8    neglect, physical abuse, or other childhood trauma;
9        (4) the person's potential for rehabilitation;
10        (5) the circumstances of the offense;
11        (6) the person's degree of participation and specific
12    role in the offense, including the level of planning by the
13    defendant before the offense;
14        (7) whether the person was able to meaningfully
15    participate in his or her defense;
16        (8) the person's prior juvenile or criminal history;
17    and
18        (9) any other information the court finds relevant and
19    reliable, including an expression of remorse, if
20    appropriate. However, if the person, on advice of counsel
21    chooses not to make a statement, the court shall not
22    consider a lack of an expression of remorse as an
23    aggravating factor.
24    (b) Except as provided in subsection (c), the court may
25sentence the defendant to any disposition authorized for the
26class of the offense of which he or she was found guilty as

 

 

09900HB0172ham001- 35 -LRB099 02786 RLC 34516 a

1described in Article 4.5 of this Code, and may, in its
2discretion, decline to impose any otherwise applicable
3sentencing enhancement based upon firearm possession,
4possession with personal discharge, or possession with
5personal discharge that proximately causes great bodily harm,
6permanent disability, permanent disfigurement or death to
7another person.
8    (c) Notwithstanding any other provision of law, if the
9defendant is convicted of first degree murder and would
10otherwise be subject to sentencing under clause (iii), (iv),
11(v), or (vii) of subsection (c) of Section 5-8-1 of this Code
12based on the category of persons identified therein, the court
13shall impose a sentence of not less than 40 years of
14imprisonment. In addition, the court may, in its discretion,
15decline to impose the sentencing enhancements based upon the
16possession or use of a firearm during the commission of the
17offense included in subsection (d) of Section 5-8-1.".