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91_HB0333
LRB9101300RCks
1 AN ACT to amend the Juvenile Court Act of 1987 by
2 changing Sections 5-130 and 6-12.
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 5-130 and 6-12 as follows:
7 (705 ILCS 405/5-130)
8 Sec. 5-130. Excluded jurisdiction.
9 (1) (a) The definition of delinquent minor under Section
10 5-120 of this Article shall not apply to any minor who at the
11 time of an offense was at least 15 years of age and who is
12 charged with first degree murder, aggravated criminal sexual
13 assault, armed robbery when the armed robbery was committed
14 with a firearm, or aggravated vehicular hijacking when the
15 hijacking was committed with a firearm. These charges and all
16 other charges arising out of the same incident shall be
17 prosecuted under the criminal laws of this State.
18 (b) (i) If before trial or plea an information or
19 indictment is filed that does not charge an offense specified
20 in paragraph (a) of this subsection (1) the State's Attorney
21 may proceed on any lesser charge or charges, but only in
22 Juvenile Court under the provisions of this Article. The
23 State's Attorney may proceed under the Criminal Code of 1961
24 on a lesser charge if before trial the minor defendant
25 knowingly and with advice of counsel waives, in writing, his
26 or her right to have the matter proceed in Juvenile Court.
27 (ii) If before trial or plea an information or
28 indictment is filed that includes one or more charges
29 specified in paragraph (a) of this subsection (1) and
30 additional charges that are not specified in that paragraph,
31 all of the charges arising out of the same incident shall be
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1 prosecuted under the Criminal Code of 1961.
2 (c) (i) If after trial or plea the minor is convicted of
3 any offense covered by paragraph (a) of this subsection (1),
4 then, in sentencing the minor, the court shall have available
5 any or all dispositions prescribed for that offense under
6 Chapter V of the Unified Code of Corrections.
7 (ii) If after trial or plea the court finds that the
8 minor committed an offense not covered by paragraph (a) of
9 this subsection (1), that finding shall not invalidate the
10 verdict or the prosecution of the minor under the criminal
11 laws of the State; however, unless the State requests a
12 hearing for the purpose of sentencing the minor under Chapter
13 V of the Unified Code of Corrections, the Court must proceed
14 under Sections 5-705 and 5-710 of this Article. To request a
15 hearing, the State must file a written motion within 10 days
16 following the entry of a finding or the return of a verdict.
17 Reasonable notice of the motion shall be given to the minor
18 or his or her counsel. If the motion is made by the State,
19 the court shall conduct a hearing to determine if the minor
20 should be sentenced under Chapter V of the Unified Code of
21 Corrections. In making its determination, the court shall
22 consider among other matters: (a) whether there is evidence
23 that the offense was committed in an aggressive and
24 premeditated manner; (b) the age of the minor; (c) the
25 previous history of the minor; (d) whether there are
26 facilities particularly available to the Juvenile Court or
27 the Department of Corrections, Juvenile Division, for the
28 treatment and rehabilitation of the minor; (e) whether the
29 security of the public requires sentencing under Chapter V of
30 the Unified Code of Corrections; and (f) whether the minor
31 possessed a deadly weapon when committing the offense. The
32 rules of evidence shall be the same as if at trial. If after
33 the hearing the court finds that the minor should be
34 sentenced under Chapter V of the Unified Code of Corrections,
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1 then the court shall sentence the minor accordingly having
2 available to it any or all dispositions so prescribed.
3 (2) (a) The definition of a delinquent minor under
4 Section 5-120 of this Article shall not apply to any minor
5 who at the time of the offense was at least 15 years of age
6 and who is charged with an offense under Section 401 of the
7 Illinois Controlled Substances Act, while in a school,
8 regardless of the time of day or the time of year, or any
9 conveyance owned, leased or contracted by a school to
10 transport students to or from school or a school related
11 activity, or residential property owned, operated and managed
12 by a public housing agency, on the real property comprising
13 any school, regardless of the time of day or the time of
14 year, or residential property owned, operated and managed by
15 a public housing agency, or on a public way within 1,000 feet
16 of the real property comprising any school, regardless of the
17 time of day or the time of year, or residential property
18 owned, operated and managed by a public housing agency.
19 School is defined, for the purposes of this Section, as any
20 public or private elementary or secondary school, community
21 college, college, or university. These charges and all other
22 charges arising out of the same incident shall be prosecuted
23 under the criminal laws of this State.
24 (b) (i) If before trial or plea an information or
25 indictment is filed that does not charge an offense specified
26 in paragraph (a) of this subsection (2) the State's Attorney
27 may proceed on any lesser charge or charges, but only in
28 Juvenile Court under the provisions of this Article. The
29 State's Attorney may proceed under the criminal laws of this
30 State on a lesser charge if before trial the minor defendant
31 knowingly and with advice of counsel waives, in writing, his
32 or her right to have the matter proceed in Juvenile Court.
33 (ii) If before trial or plea an information or
34 indictment is filed that includes one or more charges
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1 specified in paragraph (a) of this subsection (2) and
2 additional charges that are not specified in that paragraph,
3 all of the charges arising out of the same incident shall be
4 prosecuted under the criminal laws of this State.
5 (c) (i) If after trial or plea the minor is convicted of
6 any offense covered by paragraph (a) of this subsection (2),
7 then, in sentencing the minor, the court shall have available
8 any or all dispositions prescribed for that offense under
9 Chapter V of the Unified Code of Corrections.
10 (ii) If after trial or plea the court finds that the
11 minor committed an offense not covered by paragraph (a) of
12 this subsection (2), that finding shall not invalidate the
13 verdict or the prosecution of the minor under the criminal
14 laws of the State; however, unless the State requests a
15 hearing for the purpose of sentencing the minor under Chapter
16 V of the Unified Code of Corrections, the Court must proceed
17 under Sections 5-705 and 5-710 of this Article. To request a
18 hearing, the State must file a written motion within 10 days
19 following the entry of a finding or the return of a verdict.
20 Reasonable notice of the motion shall be given to the minor
21 or his or her counsel. If the motion is made by the State,
22 the court shall conduct a hearing to determine if the minor
23 should be sentenced under Chapter V of the Unified Code of
24 Corrections. In making its determination, the court shall
25 consider among other matters: (a) whether there is evidence
26 that the offense was committed in an aggressive and
27 premeditated manner; (b) the age of the minor; (c) the
28 previous history of the minor; (d) whether there are
29 facilities particularly available to the Juvenile Court or
30 the Department of Corrections, Juvenile Division, for the
31 treatment and rehabilitation of the minor; (e) whether the
32 security of the public requires sentencing under Chapter V of
33 the Unified Code of Corrections; and (f) whether the minor
34 possessed a deadly weapon when committing the offense. The
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1 rules of evidence shall be the same as if at trial. If after
2 the hearing the court finds that the minor should be
3 sentenced under Chapter V of the Unified Code of Corrections,
4 then the court shall sentence the minor accordingly having
5 available to it any or all dispositions so prescribed.
6 (3) (a) The definition of delinquent minor under Section
7 5-120 of this Article shall not apply to any minor who at the
8 time of the offense was at least 15 years of age and who is
9 charged with a violation of the provisions of paragraph (1),
10 (3), (4), or (10) of subsection (a) of Section 24-1 of the
11 Criminal Code of 1961 while in school, regardless of the time
12 of day or the time of year, or on the real property
13 comprising any school, regardless of the time of day or the
14 time of year. School is defined, for purposes of this Section
15 as any public or private elementary or secondary school,
16 community college, college, or university. These charges and
17 all other charges arising out of the same incident shall be
18 prosecuted under the criminal laws of this State.
19 (b) (i) If before trial or plea an information or
20 indictment is filed that does not charge an offense specified
21 in paragraph (a) of this subsection (3) the State's Attorney
22 may proceed on any lesser charge or charges, but only in
23 Juvenile Court under the provisions of this Article. The
24 State's Attorney may proceed under the criminal laws of this
25 State on a lesser charge if before trial the minor defendant
26 knowingly and with advice of counsel waives, in writing, his
27 or her right to have the matter proceed in Juvenile Court.
28 (ii) If before trial or plea an information or
29 indictment is filed that includes one or more charges
30 specified in paragraph (a) of this subsection (3) and
31 additional charges that are not specified in that paragraph,
32 all of the charges arising out of the same incident shall be
33 prosecuted under the criminal laws of this State.
34 (c) (i) If after trial or plea the minor is convicted of
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1 any offense covered by paragraph (a) of this subsection (3),
2 then, in sentencing the minor, the court shall have available
3 any or all dispositions prescribed for that offense under
4 Chapter V of the Unified Code of Corrections.
5 (ii) If after trial or plea the court finds that the
6 minor committed an offense not covered by paragraph (a) of
7 this subsection (3), that finding shall not invalidate the
8 verdict or the prosecution of the minor under the criminal
9 laws of the State; however, unless the State requests a
10 hearing for the purpose of sentencing the minor under Chapter
11 V of the Unified Code of Corrections, the Court must proceed
12 under Sections 5-705 and 5-710 of this Article. To request a
13 hearing, the State must file a written motion within 10 days
14 following the entry of a finding or the return of a verdict.
15 Reasonable notice of the motion shall be given to the minor
16 or his or her counsel. If the motion is made by the State,
17 the court shall conduct a hearing to determine if the minor
18 should be sentenced under Chapter V of the Unified Code of
19 Corrections. In making its determination, the court shall
20 consider among other matters: (a) whether there is evidence
21 that the offense was committed in an aggressive and
22 premeditated manner; (b) the age of the minor; (c) the
23 previous history of the minor; (d) whether there are
24 facilities particularly available to the Juvenile Court or
25 the Department of Corrections, Juvenile Division, for the
26 treatment and rehabilitation of the minor; (e) whether the
27 security of the public requires sentencing under Chapter V of
28 the Unified Code of Corrections; and (f) whether the minor
29 possessed a deadly weapon when committing the offense. The
30 rules of evidence shall be the same as if at trial. If after
31 the hearing the court finds that the minor should be
32 sentenced under Chapter V of the Unified Code of Corrections,
33 then the court shall sentence the minor accordingly having
34 available to it any or all dispositions so prescribed.
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1 (4) (a) The definition of delinquent minor under Section
2 5-120 of this Article shall not apply to any minor who at the
3 time of an offense was at least 13 years of age and who is
4 charged with first degree murder committed during the course
5 of either aggravated criminal sexual assault, criminal sexual
6 assault, or aggravated kidnaping. However, this subsection
7 (4) does not include a minor charged with first degree murder
8 based exclusively upon the accountability provisions of the
9 Criminal Code of 1961.
10 (b) (i) If before trial or plea an information or
11 indictment is filed that does not charge first degree murder
12 committed during the course of aggravated criminal sexual
13 assault, criminal sexual assault, or aggravated kidnaping,
14 the State's Attorney may proceed on any lesser charge or
15 charges, but only in Juvenile Court under the provisions of
16 this Article. The State's Attorney may proceed under the
17 criminal laws of this State on a lesser charge if before
18 trial the minor defendant knowingly and with advice of
19 counsel waives, in writing, his or her right to have the
20 matter proceed in Juvenile Court.
21 (ii) If before trial or plea an information or
22 indictment is filed that includes first degree murder
23 committed during the course of aggravated criminal sexual
24 assault, criminal sexual assault, or aggravated kidnaping,
25 and additional charges that are not specified in paragraph
26 (a) of this subsection, all of the charges arising out of the
27 same incident shall be prosecuted under the criminal laws of
28 this State.
29 (c) (i) If after trial or plea the minor is convicted of
30 first degree murder committed during the course of aggravated
31 criminal sexual assault, criminal sexual assault, or
32 aggravated kidnaping, in sentencing the minor, the court
33 shall have available any or all dispositions prescribed for
34 that offense under Chapter V of the Unified Code of
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1 Corrections.
2 (ii) If the minor was not yet 15 years of age at the
3 time of the offense, and if after trial or plea the court
4 finds that the minor committed an offense other than first
5 degree murder committed during the course of either
6 aggravated criminal sexual assault, criminal sexual assault,
7 or aggravated kidnapping, the finding shall not invalidate
8 the verdict or the prosecution of the minor under the
9 criminal laws of the State; however, unless the State
10 requests a hearing for the purpose of sentencing the minor
11 under Chapter V of the Unified Code of Corrections, the Court
12 must proceed under Sections 5-705 and 5-710 of this Article.
13 To request a hearing, the State must file a written motion
14 within 10 days following the entry of a finding or the return
15 of a verdict. Reasonable notice of the motion shall be given
16 to the minor or his or her counsel. If the motion is made by
17 the State, the court shall conduct a hearing to determine
18 whether the minor should be sentenced under Chapter V of the
19 Unified Code of Corrections. In making its determination,
20 the court shall consider among other matters: (a) whether
21 there is evidence that the offense was committed in an
22 aggressive and premeditated manner; (b) the age of the
23 minor; (c) the previous delinquent history of the minor;
24 (d) whether there are facilities particularly available to
25 the Juvenile Court or the Department of Corrections, Juvenile
26 Division, for the treatment and rehabilitation of the minor;
27 (e) whether the best interest of the minor and the security
28 of the public require sentencing under Chapter V of the
29 Unified Code of Corrections; and (f) whether the minor
30 possessed a deadly weapon when committing the offense. The
31 rules of evidence shall be the same as if at trial. If after
32 the hearing the court finds that the minor should be
33 sentenced under Chapter V of the Unified Code of Corrections,
34 then the court shall sentence the minor accordingly having
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1 available to it any or all dispositions so prescribed.
2 (5) (a) The definition of delinquent minor under Section
3 5-120 of this Article shall not apply to any minor who is
4 charged with a violation of subsection (a) of Section 31-6 or
5 Section 32-10 of the Criminal Code of 1961 when the minor is
6 subject to prosecution under the criminal laws of this State
7 as a result of the application of the provisions of Section
8 5-125, or subsection (1) or (2) of this Section. These
9 charges and all other charges arising out of the same
10 incident shall be prosecuted under the criminal laws of this
11 State.
12 (b) (i) If before trial or plea an information or
13 indictment is filed that does not charge an offense specified
14 in paragraph (a) of this subsection (5), the State's Attorney
15 may proceed on any lesser charge or charges, but only in
16 Juvenile Court under the provisions of this Article. The
17 State's Attorney may proceed under the criminal laws of this
18 State on a lesser charge if before trial the minor defendant
19 knowingly and with advice of counsel waives, in writing, his
20 or her right to have the matter proceed in Juvenile Court.
21 (ii) If before trial or plea an information or
22 indictment is filed that includes one or more charges
23 specified in paragraph (a) of this subsection (5) and
24 additional charges that are not specified in that paragraph,
25 all of the charges arising out of the same incident shall be
26 prosecuted under the criminal laws of this State.
27 (c) (i) If after trial or plea the minor is convicted of
28 any offense covered by paragraph (a) of this subsection (5),
29 then, in sentencing the minor, the court shall have available
30 any or all dispositions prescribed for that offense under
31 Chapter V of the Unified Code of Corrections.
32 (ii) If after trial or plea the court finds that the
33 minor committed an offense not covered by paragraph (a) of
34 this subsection (5), the conviction shall not invalidate the
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1 verdict or the prosecution of the minor under the criminal
2 laws of this State; however, unless the State requests a
3 hearing for the purpose of sentencing the minor under Chapter
4 V of the Unified Code of Corrections, the Court must proceed
5 under Sections 5-705 and 5-710 of this Article. To request a
6 hearing, the State must file a written motion within 10 days
7 following the entry of a finding or the return of a verdict.
8 Reasonable notice of the motion shall be given to the minor
9 or his or her counsel. If the motion is made by the State,
10 the court shall conduct a hearing to determine if whether the
11 minor should be sentenced under Chapter V of the Unified Code
12 of Corrections. In making its determination, the court shall
13 consider among other matters: (a) whether there is evidence
14 that the offense was committed in an aggressive and
15 premeditated manner; (b) the age of the minor; (c) the
16 previous delinquent history of the minor; (d) whether there
17 are facilities particularly available to the Juvenile Court
18 or the Department of Corrections, Juvenile Division, for the
19 treatment and rehabilitation of the minor; (e) whether the
20 security of the public requires sentencing under Chapter V of
21 the Unified Code of Corrections; and (f) whether the minor
22 possessed a deadly weapon when committing the offense. The
23 rules of evidence shall be the same as if at trial. If after
24 the hearing the court finds that the minor should be
25 sentenced under Chapter V of the Unified Code of Corrections,
26 then the court shall sentence the minor accordingly having
27 available to it any or all dispositions so prescribed.
28 (6) The definition of delinquent minor under Section
29 5-120 of this Article shall not apply to any minor who,
30 pursuant to subsection (1), (2), or (3) of or Section 5-805,
31 or 5-810, has previously been placed under the jurisdiction
32 of the criminal court and has been convicted of a crime under
33 an adult criminal or penal statute. Such a minor shall be
34 subject to prosecution under the criminal laws of this State.
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1 (7) The procedures set out in this Article for the
2 investigation, arrest and prosecution of juvenile offenders
3 shall not apply to minors who are excluded from jurisdiction
4 of the Juvenile Court, except that minors under 17 years of
5 age shall be kept separate from confined adults.
6 (8) Nothing in this Act prohibits or limits the
7 prosecution of any minor for an offense committed on or after
8 his or her 17th birthday even though he or she is at the time
9 of the offense a ward of the court.
10 (9) If an original petition for adjudication of wardship
11 alleges the commission by a minor 13 years of age or over of
12 an act that constitutes a crime under the laws of this State,
13 the minor, with the consent of his or her counsel, may, at
14 any time before commencement of the adjudicatory hearing,
15 file with the court a motion that criminal prosecution be
16 ordered and that the petition be dismissed insofar as the act
17 or acts involved in the criminal proceedings are concerned.
18 If such a motion is filed as herein provided, the court shall
19 enter its order accordingly.
20 (Source: P.A. 90-590, eff. 1-1-99.)
21 (705 ILCS 405/6-12)
22 Sec. 6-12. County juvenile justice councils.
23 (1) Each county, or group of counties pursuant to an
24 intergovernmental agreement, in the State of Illinois may
25 establish a county juvenile justice council ("council").
26 Each of the following county officers shall designate a
27 representative to serve on the council: the sheriff, the
28 State's Attorney, the Public Defender, Chief Probation
29 Officer, and the county board. In addition, the chief judge
30 may designate a representative to serve on the council.
31 (a) The council shall organize itself and elect
32 from its members a chairperson and such officers as are
33 deemed necessary. Until a chairperson is elected, the
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1 State's Attorney shall serve as interim chairperson.
2 (b) The chairperson shall appoint additional
3 members of the council as is deemed necessary to
4 accomplish the purposes of this Article and whenever
5 possible shall appoint a local Chief of Police and a
6 representative of a community youth service provider. The
7 additional members may include, but are not limited to,
8 representatives of local law enforcement, juvenile
9 justice agencies, schools, businesses, and community
10 organizations.
11 (c) The county juvenile justice council shall meet
12 from time to time, but no less than semi-annually, for
13 the purpose of encouraging the initiation of, or
14 supporting ongoing, interagency cooperation and programs
15 to address juvenile delinquency and juvenile crime.
16 (2) The purpose of a county juvenile justice council is
17 to provide a forum for the development of a community-based
18 interagency assessment of the local juvenile justice system,
19 to develop a county juvenile justice plan for the prevention
20 of juvenile delinquency, and to make recommendations to the
21 county board, or county boards, for more effectively
22 utilizing existing community resources in dealing with
23 juveniles who are found to be involved in crime, or who are
24 truant or have been suspended or expelled from school. The
25 county juvenile justice plan shall include relevant portions
26 of local crime prevention and public safety plans, school
27 improvement and school safety plans, and the plans or
28 initiatives of other public and private entities within the
29 county that are concerned with dropout prevention, school
30 safety, the prevention of juvenile crime and criminal
31 activity by youth gangs.
32 (3) The duties and responsibilities of the county
33 juvenile justice council include, but are not limited to:
34 (a) Developing a county juvenile justice plan based
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1 upon utilization of the resources of law enforcement,
2 school systems, park programs, sports entities, and
3 others in a cooperative and collaborative manner to
4 prevent or discourage juvenile crime.
5 (b) Entering into a written county interagency
6 agreement specifying the nature and extent of
7 contributions each signatory agency will make in
8 achieving the goals of the county juvenile justice plan
9 and their commitment to the sharing of information useful
10 in carrying out the goals of the interagency agreement to
11 the extent authorized by law.
12 (c) Applying for and receiving public or private
13 grants, to be administered by one of the community
14 partners, that support one or more components of the
15 county juvenile justice plan.
16 (d) Providing a forum for the presentation of
17 interagency recommendations and the resolution of
18 disagreements relating to the contents of the county
19 interagency agreement or the performance by the parties
20 of their respective obligations under the agreement.
21 (e) Assisting and directing the efforts of local
22 community support organizations and volunteer groups in
23 providing enrichment programs and other support services
24 for clients of local juvenile detention centers.
25 (f) Developing and making available a county-wide
26 or multi-county resource guide for minors in need of
27 prevention, intervention, psycho-social, educational
28 support, and other services needed to prevent juvenile
29 delinquency.
30 (4) The council shall have no role in the charging or
31 prosecution of juvenile offenders.
32 (Source: P.A. 90-590, eff. 1-1-99.)
33 Section 99. Effective date. This Act takes effect upon
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1 becoming law.