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90_HB0548
705 ILCS 405/1-7 from Ch. 37, par. 801-7
705 ILCS 405/5-4 from Ch. 37, par. 805-4
Amends the Juvenile Court Act of 1987. Provides that law
enforcement officers may release the name and address of the
minor and of the minor's parents or guardian and information
pertaining to a disposition or alternative adjustment plan to
the victims, their subrogees and legal representatives.
Provides for adult criminal prosecution of minors charged
with municipal or county ordinance violations.
LRB9002715RCks
LRB9002715RCks
1 AN ACT to amend the Juvenile Court Act of 1987 by
2 changing Sections 1-7 and 5-4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Juvenile Court Act of 1987 is amended by
6 changing Sections 1-7 and 5-4 as follows:
7 (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
8 Sec. 1-7. Confidentiality of law enforcement records.
9 (A) Inspection and copying of law enforcement records
10 maintained by law enforcement agencies that relate to a minor
11 who has been arrested or taken into custody before his or her
12 17th birthday shall be restricted to the following:
13 (1) Any local, State or federal law enforcement
14 officers of any jurisdiction or agency when necessary for
15 the discharge of their official duties during the
16 investigation or prosecution of a crime or relating to a
17 minor who has been adjudicated delinquent and there has
18 been a previous finding that the act which constitutes
19 the previous offense was committed in furtherance of
20 criminal activities by a criminal street gang. For
21 purposes of this Section, "criminal street gang" has the
22 meaning ascribed to it in Section 10 of the Illinois
23 Streetgang Terrorism Omnibus Prevention Act.
24 (2) Prosecutors, probation officers, social
25 workers, or other individuals assigned by the court to
26 conduct a pre-adjudication or pre-disposition
27 investigation, and individuals responsible for
28 supervising or providing temporary or permanent care and
29 custody for minors pursuant to the order of the juvenile
30 court, when essential to performing their
31 responsibilities.
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1 (3) Prosecutors and probation officers:
2 (a) in the course of a trial when institution
3 of criminal proceedings has been permitted under
4 Section 5-4 or required under Section 5-4; or
5 (b) when institution of criminal proceedings
6 has been permitted under Section 5-4 or required
7 under Section 5-4 and such minor is the subject of a
8 proceeding to determine the amount of bail; or
9 (c) when criminal proceedings have been
10 permitted under Section 5-4 or required under
11 Section 5-4 and such minor is the subject of a
12 pre-trial investigation, pre-sentence investigation,
13 fitness hearing, or proceedings on an application
14 for probation.
15 (4) Adult and Juvenile Prisoner Review Board.
16 (5) Authorized military personnel.
17 (6) Persons engaged in bona fide research, with the
18 permission of the Presiding Judge of the Juvenile Court
19 and the chief executive of the respective law enforcement
20 agency; provided that publication of such research
21 results in no disclosure of a minor's identity and
22 protects the confidentiality of the minor's record.
23 (7) Department of Children and Family Services
24 child protection investigators acting in their official
25 capacity.
26 (8) The appropriate school official. Inspection
27 and copying shall be limited to law enforcement records
28 transmitted to the appropriate school official by a local
29 law enforcement agency under a reciprocal reporting
30 system established and maintained between the school
31 district and the local law enforcement agency under
32 Section 10-20.14 of the School Code concerning a minor
33 enrolled in a school within the school district who has
34 been arrested or taken into custody for any of the
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1 following offenses:
2 (i) unlawful use of weapons under Section 24-1
3 of the Criminal Code of 1961;
4 (ii) a violation of the Illinois Controlled
5 Substances Act;
6 (iii) a violation of the Cannabis Control Act;
7 or
8 (iv) a forcible felony as defined in Section
9 2-8 of the Criminal Code of 1961.
10 (B) (1) Except as provided in paragraph (2), no law
11 enforcement officer or other person or agency may
12 knowingly transmit to the Department of Corrections,
13 Adult Division or the Department of State Police or to
14 the Federal Bureau of Investigation any fingerprint or
15 photograph relating to a minor who has been arrested or
16 taken into custody before his or her 17th birthday,
17 unless the court in proceedings under this Act authorizes
18 the transmission or enters an order under Section 5-4
19 permitting or requiring the institution of criminal
20 proceedings.
21 (2) Law enforcement officers or other persons or
22 agencies shall transmit to the Department of State
23 Police copies of fingerprints and descriptions of all
24 minors who have been arrested or taken into custody
25 before their 17th birthday for the offense of unlawful
26 use of weapons under Article 24 of the Criminal Code of
27 1961, a Class X or Class 1 felony, a forcible felony as
28 defined in Section 2-8 of the Criminal Code of 1961, or a
29 Class 2 or greater felony under the Cannabis Control Act,
30 the Illinois Controlled Substances Act, or Chapter 4 of
31 the Illinois Vehicle Code, pursuant to Section 5 of the
32 Criminal Identification Act. Information reported to the
33 Department pursuant to this Section may be maintained
34 with records that the Department files pursuant to
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1 Section 2.1 of the Criminal Identification Act. Nothing
2 in this Act prohibits a law enforcement agency from
3 fingerprinting a minor taken into custody or arrested
4 before his or her 17th birthday for an offense other than
5 those listed in this paragraph (2).
6 (C) The records of law enforcement officers concerning
7 all minors under 17 years of age must be maintained separate
8 from the records of arrests and may not be open to public
9 inspection or their contents disclosed to the public except
10 by order of the court or when the institution of criminal
11 proceedings has been permitted under Section 5-4 or required
12 under Section 5-4 or such a person has been convicted of a
13 crime and is the subject of pre-sentence investigation or
14 proceedings on an application for probation or when provided
15 by law.
16 (D) Nothing contained in subsection (C) of this Section
17 shall prohibit the inspection or disclosure to victims and
18 witnesses of photographs contained in the records of law
19 enforcement agencies when the inspection and disclosure is
20 conducted in the presence of a law enforcement officer for
21 the purpose of the identification or apprehension of any
22 person subject to the provisions of this Act or for the
23 investigation or prosecution of any crime.
24 (E) Law enforcement officers may not disclose the
25 identity of any minor in releasing information to the general
26 public as to the arrest, investigation or disposition of any
27 case involving a minor. However, law enforcement officers may
28 release the name and address of the minor and of the minor's
29 parents or guardian and information pertaining to any
30 disposition or alternative adjustment plan to the victims,
31 their subrogees, and legal representatives.
32 (F) Nothing contained in this Section shall prohibit law
33 enforcement agencies from communicating with each other by
34 letter, memorandum, teletype or intelligence alert bulletin
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1 or other means the identity or other relevant information
2 pertaining to a person under 17 years of age if there are
3 reasonable grounds to believe that the person poses a real
4 and present danger to the safety of the public or law
5 enforcement officers. The information provided under this
6 subsection (F) shall remain confidential and shall not be
7 publicly disclosed, except as otherwise allowed by law.
8 (Source: P.A. 88-45; 88-467; 88-679, eff. 7-1-95; 89-221,
9 eff. 8-4-95; 89-362, eff. 8-18-95; 89-626, eff. 8-9-96.)
10 (705 ILCS 405/5-4) (from Ch. 37, par. 805-4)
11 Sec. 5-4. Criminal prosecutions limited.
12 (1) Except as provided in this Section, no minor who was
13 under 17 years of age at the time of the alleged offense may
14 be prosecuted under the criminal laws of this State or for
15 violation of an ordinance of any political subdivision of
16 this State.
17 (2) Subject to subsection (5) of Section 5-10, any minor
18 alleged to have committed a municipal or county ordinance,
19 traffic, boating or fish and game law violation, whether or
20 not the violation is punishable by imprisonment or an offense
21 punishable by fine only, may be prosecuted for the violation
22 and if found guilty punished under any statute or ordinance
23 relating to the violation, without reference to the
24 procedures set out in this Act, except that detention, if
25 any, must be in compliance with this Act.
26 For the purpose of this Section, "traffic violation"
27 shall include a violation of Section 9-3 of the Criminal Code
28 of 1961 relating to the offense of reckless homicide, or
29 Section 11-501 of the Illinois Vehicle Code, or any similar
30 provision of a local ordinance.
31 (3) (a) If a petition alleges commission by a minor 13
32 years of age or over of an act that constitutes a crime
33 under the laws of this State and, on motion of the
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1 State's Attorney, a Juvenile Judge designated by the
2 Chief Judge of the Circuit to hear and determine those
3 motions, after investigation and hearing but before
4 commencement of the adjudicatory hearing, finds that it
5 is not in the best interests of the minor or of the
6 public to proceed under this Act, the court may enter an
7 order permitting prosecution under the criminal laws.
8 (b) In making its determination on a motion to
9 permit prosecution under the criminal laws, the court
10 shall consider among other matters: (i) whether there is
11 sufficient evidence upon which a grand jury may be
12 expected to return an indictment; (ii) whether there is
13 evidence that the alleged offense was committed in an
14 aggressive and premeditated manner; (iii) the age of the
15 minor; (iv) the previous history of the minor; (v)
16 whether there are facilities particularly available to
17 the Juvenile Court for the treatment and rehabilitation
18 of the minor; (vi) whether the best interest of the minor
19 and the security of the public may require that the minor
20 continue in custody or under supervision for a period
21 extending beyond his minority; (vii) whether the minor
22 possessed a deadly weapon when committing the alleged
23 offense; and (viii) whether the alleged offense is a
24 felony offense under Section 5 of the Cannabis Control
25 Act committed while in a school, regardless of the time
26 of day or the time of year, or any conveyance owned,
27 leased or contracted by a school to transport students to
28 or from school or a school related activity, on the real
29 property comprising any school, regardless of the time of
30 day or the time of year, or on a public way within 1,000
31 feet of the real property comprising any school,
32 regardless of the time of day or the time of year.
33 School is defined, for the purposes of this Section, as
34 any public or private elementary or secondary school,
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1 community college, college, or university. The rules of
2 evidence shall be the same as under Section 5-22 of this
3 Act, but no hearing on the motion may be commenced unless
4 the minor is represented in court by counsel.
5 (c) If criminal proceedings are instituted, the
6 petition shall be dismissed insofar as the act or acts
7 involved in the criminal proceedings are concerned.
8 Taking of evidence in an adjudicatory hearing in any such
9 case is a bar to criminal proceedings based upon the
10 conduct alleged in the petition.
11 (3.1) If a petition alleges commission by a minor 15
12 years of age or older of an act that constitutes a forcible
13 felony under the laws of this State, and if a motion by the
14 State's Attorney to prosecute the minor under the criminal
15 laws of Illinois for the alleged forcible felony alleges that
16 (i) the minor has previously been adjudicated delinquent for
17 commission of an act that constitutes a felony under the laws
18 of this State or any other state and (ii) the act that
19 constitutes the offense was committed in furtherance of
20 criminal activity by an organized gang, the Juvenile Judge
21 designated to hear and determine those motions shall, upon
22 determining that there is probable cause that both
23 allegations are true, enter an order permitting prosecution
24 under the criminal laws of Illinois.
25 (3.2) If a petition alleges commission by a minor 15
26 years of age or older of an act that constitutes a felony
27 under the laws of this State, and if a motion by a State's
28 Attorney to prosecute the minor under the criminal laws of
29 Illinois for the alleged felony alleges that (i) the minor
30 has previously been adjudicated delinquent for commission of
31 an act that constitutes a forcible felony under the laws of
32 this State or any other state and (ii) the act that
33 constitutes the offense was committed in furtherance of
34 criminal activities by an organized gang, the Juvenile Judge
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1 designated to hear and determine those motions shall, upon
2 determining that there is probable cause that both
3 allegations are true, enter an order permitting prosecution
4 under the criminal laws of Illinois.
5 (3.3) (a) If the State's Attorney files a motion under
6 subsection (3)(a) to permit prosecution under the criminal
7 laws and the petition alleges the commission by a minor 15
8 years of age or older of: (i) a Class X felony other than
9 armed violence; (ii) aggravated discharge of a firearm;
10 (iii) armed violence with a firearm when the predicate
11 offense is a Class 1 or Class 2 felony and the State's
12 Attorney's motion to transfer the case alleges that the
13 offense committed is in furtherance of the criminal
14 activities of an organized gang and the case is not required
15 to be prosecuted under the criminal laws of Illinois as
16 provided by subsection (3.1) or (3.2); (iv) armed violence
17 with a firearm when the predicate offense is a violation of
18 Section 401, subsection (a) of Section 402, Section 404,
19 Section 405, Section 405.1, subsection (a) of Section 405.2,
20 Section 407, Section 407.1, or Section 407.2 of the Illinois
21 Controlled Substances Act; or (v) armed violence when the
22 weapon involved was a machine gun or other weapon described
23 in subsection (a)(7) of Section 24-1 of the Criminal Code of
24 1961, and, if the juvenile judge designated to hear and
25 determine motions to transfer a case for prosecution in the
26 criminal court determines that there is probable cause to
27 believe that the allegations in the petition and motion are
28 true, there is a rebuttable presumption that the minor is not
29 a fit and proper subject to be dealt with under the Juvenile
30 Court Act of 1987, and that, except as provided in paragraph
31 (b), the case should be transferred to the criminal court.
32 (b) The judge shall enter an order permitting
33 prosecution under the criminal laws of Illinois unless the
34 judge makes a finding based on evidence that the minor would
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1 be amenable to the care, treatment, and training programs
2 available through the facilities of the juvenile court based
3 on an evaluation of the following:
4 (i) The circumstances and gravity of the
5 offense alleged to have been committed by the minor.
6 (ii) The age of the minor.
7 (iii) The degree of criminal sophistication
8 exhibited by the minor.
9 (iv) Whether there is a reasonable likelihood
10 that the minor can be rehabilitated before the
11 expiration of the juvenile court's jurisdiction.
12 (v) The minor's previous history of
13 delinquency.
14 (vi) Whether the offense was committed in an
15 aggressive, premeditated or calculated manner.
16 (vii) Whether there are sufficient facilities
17 available to the juvenile court for the treatment
18 and rehabilitation of the minor.
19 For purposes of subsections (3.1), (3.2), and (3.3)
20 "organized gang" has the meaning ascribed to it in Section 10
21 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
22 (4) Nothing in this Act prohibits or limits the
23 prosecution of any minor for an offense committed on or after
24 his or her 17th birthday even though he or she is at the time
25 of the offense a ward of the court.
26 (5) If an original petition for adjudication of wardship
27 alleges the commission by a minor 13 years of age or over of
28 an act that constitutes a crime under the laws of this State,
29 the minor, with the consent of his or her counsel, may, at
30 any time before commencement of the adjudicatory hearing,
31 file with the court a motion that criminal prosecution be
32 ordered and that the petition be dismissed insofar as the act
33 or acts involved in the criminal proceedings are concerned.
34 If such a motion is filed as herein provided, the court shall
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1 enter its order accordingly.
2 (6) (a) The definition of delinquent minor under Section
3 5-3 of this Act shall not apply to any minor who at the
4 time of an offense was at least 15 years of age and who
5 is charged with first degree murder, aggravated criminal
6 sexual assault, armed robbery when the armed robbery was
7 committed with a firearm, aggravated vehicular hijacking
8 when the hijacking was committed with a firearm, or
9 violation of the provisions of paragraph (1), (3), (4),
10 or (10) of subsection (a) of Section 24-1 of the Criminal
11 Code of 1961 while in the building or on the grounds of
12 any elementary or secondary school, community college,
13 college or university. These charges and all other
14 charges arising out of the same incident shall be
15 prosecuted under the Criminal Code of 1961.
16 (b) If before trial or plea an information or
17 indictment is filed which does not charge an offense
18 specified in paragraph (a) of this subsection (6), the
19 State's Attorney may proceed on the lesser charge or
20 charges, but only in Juvenile Court under the other
21 provisions of this Act, unless before trial the minor
22 defendant knowingly and with advice of counsel waives, in
23 writing, his or her right to have the matter proceed in
24 Juvenile Court. If before trial or plea an information
25 or indictment is filed that includes one or more charges
26 specified in paragraph (a) of this subsection (6) and
27 additional charges that are not specified in that
28 paragraph, all of the charges arising out of the same
29 incident shall be prosecuted under the Criminal Code of
30 1961.
31 (c) (i) If after trial or plea the minor is
32 convicted of any offense covered by paragraph (a) of
33 this subsection (6), then, in sentencing the minor,
34 the court shall have available any or all
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1 dispositions prescribed for that offense under
2 Chapter V of the Unified Code of Corrections.
3 (ii) If after trial or plea the minor is only
4 convicted of an offense not covered by paragraph (a)
5 of this subsection (6), the conviction shall not
6 invalidate the verdict or the prosecution of the
7 minor under the criminal laws of the State; however,
8 unless the State requests a hearing for the purpose
9 of sentencing the minor under Chapter V of the
10 Unified Code of Corrections, the Court must proceed
11 under Sections 5-22 and 5-23 of this Act. Should
12 the State request a hearing it must do so by written
13 motion within 10 days following the entry of a
14 finding or the return of a verdict. Reasonable
15 notice of the motion shall be served upon the minor
16 or his counsel. If the motion is made by the State,
17 the court shall conduct a hearing to determine if
18 the request should be granted. In making its
19 determination on the motion, the court shall
20 consider among other matters: (a) whether there is
21 evidence that the offense was committed in an
22 aggressive and premeditated manner; (b) the age of
23 the minor; (c) the previous history of the minor;
24 (d) whether there are facilities particularly
25 available to the Juvenile Court or the Department of
26 Corrections, Juvenile Division, for the treatment
27 and rehabilitation of the minor; (e) whether the
28 best interest of the minor and the security of the
29 public require sentencing under Chapter V of the
30 Unified Code of Corrections; and (f) whether the
31 minor possessed a deadly weapon when committing the
32 offense. The rules of evidence shall be the same as
33 if at trial. If after the hearing the court finds
34 that the minor should be sentenced under Chapter V
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1 of the Unified Code of Corrections, then the court
2 shall sentence the minor accordingly having
3 available to it any or all dispositions so
4 prescribed.
5 (7) (a) The definition of delinquent minor under Section
6 5-3 of this Act shall not apply to any minor who at the
7 time of an offense was at least 15 years of age and who
8 is charged with an offense under Section 401 of the
9 Illinois Controlled Substances Act while in a school,
10 regardless of the time of day or the time of year, or any
11 conveyance owned, leased or contracted by a school to
12 transport students to or from school or a school related
13 activity, or residential property owned, operated and
14 managed by a public housing agency, on the real property
15 comprising any school, regardless of the time of day or
16 the time of year, or residential property owned, operated
17 and managed by a public housing agency, or on a public
18 way within 1,000 feet of the real property comprising any
19 school, regardless of the time of day or the time of
20 year, or residential property owned, operated and managed
21 by a public housing agency. School is defined, for the
22 purposes of this Section, as any public or private
23 elementary or secondary school, community college,
24 college, or university. These charges and all other
25 charges arising out of the same incident shall be
26 prosecuted under the Illinois Controlled Substances Act.
27 (b) If before trial or plea an information or
28 indictment is filed that does not charge an offense
29 specified in paragraph (a) of this subsection (7), the
30 State's Attorney may proceed on the lesser charge or
31 charges, but only under the other provisions of this Act,
32 unless before trial the minor defendant knowingly and
33 with advice of counsel waives, in writing, his or her
34 right to have the matter proceed in Juvenile Court. If
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1 before trial or plea an information or indictment is
2 filed that includes one or more charges specified in
3 paragraph (a) of this subsection (7) and additional
4 charges that are not specified in that paragraph, all of
5 the charges arising out of the same incident shall be
6 prosecuted under the Illinois Controlled Substances Act
7 or the Criminal Code of 1961.
8 (c) (i) If after trial or plea the minor is
9 convicted of any offense covered by paragraph (a) of
10 this subsection (7), then, in sentencing the minor
11 the court shall have available any or all
12 dispositions prescribed for that offense under
13 Chapter V of the Unified Code of Corrections.
14 (ii) If after trial or plea the minor is only
15 convicted of an offense not covered by paragraph (a)
16 of this subsection (7), the conviction shall not
17 invalidate the verdict or the prosecution of the
18 minor under the criminal laws of this State;
19 however, unless the State requests a hearing for the
20 purpose of sentencing the minor under Chapter V of
21 the Unified Code of Corrections, the court must
22 thereafter proceed under Sections 5-22 and 5-23 of
23 this Act. Should the State request a hearing it
24 must do so by written motion within 10 days
25 following the entry of a finding or the return of a
26 verdict. Reasonable notice of the motion shall be
27 served upon the minor or his counsel. If such a
28 motion is made by the State, the court shall conduct
29 a hearing to determine if the request should be
30 granted. In making its determination on the motion,
31 the court shall consider among other matters: (a)
32 whether there is evidence that the offense was
33 committed in an aggressive and premeditated manner;
34 (b) the age of the minor; (c) the previous history
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1 of the minor; (d) whether there are facilities
2 particularly available to the Juvenile Court or the
3 Department of Corrections, Juvenile Division, for
4 the treatment and rehabilitation of the minor; (e)
5 whether the best interest of the minor and the
6 security of the public require sentencing under
7 Chapter V of the Unified Code of Corrections; and
8 (f) whether the minor possessed a deadly weapon when
9 committing the offense. The rules of evidence shall
10 be the same as if at trial. If after the hearing
11 the court finds that the minor should be sentenced
12 under Chapter V of the Unified Code of Corrections,
13 then the court shall sentence the minor accordingly
14 having available to it any or all dispositions so
15 prescribed.
16 (8) (a) The definition of delinquent minor under Section
17 5-3 of this Act shall not apply to any minor who is
18 charged with a violation of subsection (a) of Section
19 31-6 or Section 32-10 of the Criminal Code of 1961 when
20 the minor is subject to prosecution under the Criminal
21 Code of 1961 as a result of the application of the
22 provisions of paragraph (a) of subsection (3); subsection
23 (5); paragraph (a) of subsection (6); or paragraph (a) of
24 subsection (7) of this Section. These charges and all
25 other charges arising out of the same incident shall be
26 prosecuted under the Criminal Code of 1961.
27 (b) If before trial or plea an information or
28 indictment is filed that does not charge an offense
29 specified in paragraph (a) of this subsection (8), the
30 State's Attorney may proceed on the lesser charge or
31 charges, but only in Juvenile Court under the other
32 provisions of this Act, unless before trial the minor
33 defendant knowingly and with advice of counsel waives, in
34 writing, his or her right to have the matter proceed in
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1 Juvenile Court. If before trial or plea an information
2 or indictment is filed that includes one or more charges
3 specified in paragraph (a) of this subsection (8) and
4 additional charges that are not specified in that
5 paragraph, all of the charges arising out of the same
6 incident shall be prosecuted under the Criminal Code of
7 1961.
8 (c) If after trial or plea the minor is only
9 convicted of an offense not covered by paragraph (a) of
10 this subsection (8), the conviction shall not invalidate
11 the verdict or the prosecution of the minor under the
12 criminal laws of this State; however, the court must
13 thereafter proceed under Sections 5-22 and 5-23 of this
14 Act. In all other circumstances, in sentencing the court
15 shall have available any or all dispositions prescribed
16 for that offense under Chapter V of the Unified Code of
17 Corrections.
18 (9) (a) The definition of delinquent minor under
19 Section 5-3 of this Act shall not apply to any minor who
20 at the time of an offense was at least 13 years of age
21 and who is charged with first degree murder committed
22 during the course of either aggravated criminal sexual
23 assault, criminal sexual assault, or aggravated
24 kidnaping. However, this subsection (9) does not include
25 a minor charged with first degree murder based
26 exclusively upon the accountability provisions of the
27 Criminal Code of 1961.
28 (b) If before trial or plea an information or
29 indictment is filed which does not charge first degree
30 murder committed during the course of aggravated criminal
31 sexual assault, criminal sexual assault, or aggravated
32 kidnaping, the State's Attorney may proceed on the lesser
33 charge or charges, but only in Juvenile Court under the
34 other provisions of this Act, unless before trial the
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1 minor defendant knowingly and with advice of counsel
2 waives, in writing, his or her right to have the matter
3 proceed in Juvenile Court. If before trial or plea an
4 information or indictment is filed that includes first
5 degree murder committed during the course of aggravated
6 criminal sexual assault, criminal sexual assault, or
7 aggravated kidnaping, as well as additional charges that
8 are not specified in that paragraph, all of the charges
9 arising out of the same incident shall be prosecuted
10 under the Criminal Code of 1961.
11 (c)(i) If after trial or plea the minor is
12 convicted of first degree murder committed during the
13 course of aggravated criminal sexual assault, criminal
14 sexual assault, or aggravated kidnaping, the court shall
15 have available any or all dispositions prescribed for
16 that offense under Chapter V of the Unified Code of
17 Corrections.
18 (ii) If the minor was not yet 15 years of age at
19 the time of the offense, and if after trial or plea the
20 minor is only convicted of an offense other than first
21 degree murder committed during the course of either
22 aggravated criminal sexual assault, criminal sexual
23 assault, or aggravated kidnaping, the conviction shall
24 not invalidate the verdict or the prosecution of the
25 minor under the criminal laws of the State; however,
26 unless the State requests a hearing for the purpose of
27 sentencing the minor under Chapter V of the Unified Code
28 of Corrections, the Court must proceed under Sections
29 5-22 and 5-23 of this Act. Should the State request a
30 hearing it must do so by written motion within 10 days
31 following the entry of a finding or the return of a
32 verdict. Reasonable notice of the motion shall be served
33 upon the minor or his or her counsel. If the motion is
34 made by the State, the court shall conduct a hearing to
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1 determine if the request should be granted. In making
2 its determination on the motion, the court shall consider
3 among other matters: (a) whether there is evidence that
4 the offense was committed in an aggressive and
5 premeditated manner; (b) the age of the minor; (c) the
6 previous history of the minor; (d) whether there are
7 facilities particularly available to the Juvenile Court
8 or the Department of Corrections, Juvenile Division, for
9 the treatment and rehabilitation of the minor; (e)
10 whether the best interest of the minor and the security
11 of the public require sentencing under Chapter V of the
12 Unified Code of Corrections; and (f) whether the minor
13 possessed a deadly weapon when committing the offense.
14 The rules of evidence shall be the same as if at trial.
15 If after the hearing the court finds that the minor
16 should be sentenced under Chapter V of the Unified Code
17 of Corrections, then the court shall sentence the minor
18 accordingly having available to it any or all
19 dispositions so prescribed.
20 (iii) If the minor was at least 15 years of age at
21 the time of the offense and if after trial or plea the
22 minor is only convicted of first degree murder but not of
23 aggravated criminal sexual assault, criminal sexual
24 assault, or aggravated kidnaping, the court shall have
25 available any or all dispositions prescribed for that
26 offense under Chapter V of the Unified Code of
27 Corrections.
28 (iv) If the minor was at least 15 years of age at
29 the time of the offense and if after trial or plea the
30 minor is only convicted of aggravated criminal sexual
31 assault, criminal sexual assault, or aggravated
32 kidnaping, but not of first degree murder, the court
33 shall have available any or all dispositions prescribed
34 for that offense under Chapter V of the Unified Code of
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1 Corrections.
2 (Source: P.A. 88-239; 88-467; 88-670, eff. 12-2-94; 88-680,
3 eff. 1-1-95; 89-235, eff. 8-4-95; 89-362, eff. 1-1-96;
4 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-498, eff.
5 6-27-96.)