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91_HB2750
LRB9100028RCks
1 AN ACT in relation to the adult criminal prosecution of
2 minors, amending named Acts.
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, 5-710, 5-750, 5-805, 5-810, and
7 5-901 as follows:
8 (705 ILCS 405/5-130)
9 Sec. 5-130. Excluded jurisdiction.
10 (1) (a) The definition of delinquent minor under Section
11 5-120 of this Article shall not apply to any minor who at the
12 time of an offense was at least 15 years of age and who is
13 charged with first degree murder, aggravated criminal sexual
14 assault, armed robbery when the armed robbery was committed
15 with a firearm, or aggravated vehicular hijacking when the
16 hijacking was committed with a firearm. These charges and all
17 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 (1) 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 Code of 1961
25 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 (1) and
31 additional charges that are not specified in that paragraph,
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1 all of the charges arising out of the same incident shall be
2 prosecuted under the Criminal Code of 1961.
3 (c) (i) If after trial or plea the minor is convicted of
4 any offense covered by paragraph (a) of this subsection (1),
5 then, in sentencing the minor, the court shall have available
6 any or all dispositions prescribed for that offense under
7 Chapter V of the Unified Code of Corrections.
8 (ii) If after trial or plea the court finds that the
9 minor committed an offense not covered by paragraph (a) of
10 this subsection (1), that finding shall not invalidate the
11 verdict or the prosecution of the minor under the criminal
12 laws of the State; however, unless the State requests a
13 hearing for the purpose of sentencing the minor under Chapter
14 V of the Unified Code of Corrections, the Court must proceed
15 under Sections 5-705 and 5-710 of this Article. To request a
16 hearing, the State must file a written motion within 10 days
17 following the entry of a finding or the return of a verdict.
18 Reasonable notice of the motion shall be given to the minor
19 or his or her counsel. If the motion is made by the State,
20 the court shall conduct a hearing to determine if the minor
21 should be sentenced under Chapter V of the Unified Code of
22 Corrections. In making its determination, the court shall
23 consider among other matters: (a) whether there is evidence
24 that the offense was committed in an aggressive and
25 premeditated manner; (b) the age of the minor; (c) the
26 previous history of the minor; (d) whether there are
27 facilities particularly available to the Juvenile Court or
28 the Department of Corrections, Juvenile Division, for the
29 treatment and rehabilitation of the minor; (e) whether the
30 security of the public requires sentencing under Chapter V of
31 the Unified Code of Corrections; and (f) whether the minor
32 possessed a deadly weapon when committing the offense. The
33 rules of evidence shall be the same as if at trial. If after
34 the hearing the court finds that the minor should be
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1 sentenced under Chapter V of the Unified Code of Corrections,
2 then the court shall sentence the minor accordingly having
3 available to it any or all dispositions so prescribed.
4 (2) (a) The definition of a delinquent minor under
5 Section 5-120 of this Article shall not apply to any minor
6 who at the time of the offense was at least 15 years of age
7 and who is charged with an offense under Section 401 of the
8 Illinois Controlled Substances Act, while in a school,
9 regardless of the time of day or the time of year, or any
10 conveyance owned, leased or contracted by a school to
11 transport students to or from school or a school related
12 activity, or residential property owned, operated and managed
13 by a public housing agency, on the real property comprising
14 any school, regardless of the time of day or the time of
15 year, or residential property owned, operated and managed by
16 a public housing agency, or on a public way within 1,000 feet
17 of the real property comprising any school, regardless of the
18 time of day or the time of year, or residential property
19 owned, operated and managed by a public housing agency.
20 School is defined, for the purposes of this Section, as any
21 public or private elementary or secondary school, community
22 college, college, or university. These charges and all other
23 charges arising out of the same incident shall be prosecuted
24 under the criminal laws of this State.
25 (b) (i) If before trial or plea an information or
26 indictment is filed that does not charge an offense specified
27 in paragraph (a) of this subsection (2) the State's Attorney
28 may proceed on any lesser charge or charges, but only in
29 Juvenile Court under the provisions of this Article. The
30 State's Attorney may proceed under the criminal laws of this
31 State on a lesser charge if before trial the minor defendant
32 knowingly and with advice of counsel waives, in writing, his
33 or her right to have the matter proceed in Juvenile Court.
34 (ii) If before trial or plea an information or
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1 indictment is filed that includes one or more charges
2 specified in paragraph (a) of this subsection (2) and
3 additional charges that are not specified in that paragraph,
4 all of the charges arising out of the same incident shall be
5 prosecuted under the criminal laws of this State.
6 (c) (i) If after trial or plea the minor is convicted of
7 any offense covered by paragraph (a) of this subsection (2),
8 then, in sentencing the minor, the court shall have available
9 any or all dispositions prescribed for that offense under
10 Chapter V of the Unified Code of Corrections.
11 (ii) If after trial or plea the court finds that the
12 minor committed an offense not covered by paragraph (a) of
13 this subsection (2), that finding shall not invalidate the
14 verdict or the prosecution of the minor under the criminal
15 laws of the State; however, unless the State requests a
16 hearing for the purpose of sentencing the minor under Chapter
17 V of the Unified Code of Corrections, the Court must proceed
18 under Sections 5-705 and 5-710 of this Article. To request a
19 hearing, the State must file a written motion within 10 days
20 following the entry of a finding or the return of a verdict.
21 Reasonable notice of the motion shall be given to the minor
22 or his or her counsel. If the motion is made by the State,
23 the court shall conduct a hearing to determine if the minor
24 should be sentenced under Chapter V of the Unified Code of
25 Corrections. In making its determination, the court shall
26 consider among other matters: (a) whether there is evidence
27 that the offense was committed in an aggressive and
28 premeditated manner; (b) the age of the minor; (c) the
29 previous history of the minor; (d) whether there are
30 facilities particularly available to the Juvenile Court or
31 the Department of Corrections, Juvenile Division, for the
32 treatment and rehabilitation of the minor; (e) whether the
33 security of the public requires sentencing under Chapter V of
34 the Unified Code of Corrections; and (f) whether the minor
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1 possessed a deadly weapon when committing the offense. The
2 rules of evidence shall be the same as if at trial. If after
3 the hearing the court finds that the minor should be
4 sentenced under Chapter V of the Unified Code of Corrections,
5 then the court shall sentence the minor accordingly having
6 available to it any or all dispositions so prescribed.
7 (3) (a) The definition of delinquent minor under Section
8 5-120 of this Article shall not apply to any minor who at the
9 time of the offense was at least 15 years of age and who is
10 charged with a violation of the provisions of paragraph (1),
11 (3), (4), or (10) of subsection (a) of Section 24-1 of the
12 Criminal Code of 1961 while in school, regardless of the time
13 of day or the time of year, or on the real property
14 comprising any school, regardless of the time of day or the
15 time of year. School is defined, for purposes of this Section
16 as any public or private elementary or secondary school,
17 community college, college, or university. These charges and
18 all other charges arising out of the same incident shall be
19 prosecuted under the criminal laws of this State.
20 (b) (i) If before trial or plea an information or
21 indictment is filed that does not charge an offense specified
22 in paragraph (a) of this subsection (3) the State's Attorney
23 may proceed on any lesser charge or charges, but only in
24 Juvenile Court under the provisions of this Article. The
25 State's Attorney may proceed under the criminal laws of this
26 State on a lesser charge if before trial the minor defendant
27 knowingly and with advice of counsel waives, in writing, his
28 or her right to have the matter proceed in Juvenile Court.
29 (ii) If before trial or plea an information or
30 indictment is filed that includes one or more charges
31 specified in paragraph (a) of this subsection (3) and
32 additional charges that are not specified in that paragraph,
33 all of the charges arising out of the same incident shall be
34 prosecuted under the criminal laws of this State.
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1 (c) (i) If after trial or plea the minor is convicted of
2 any offense covered by paragraph (a) of this subsection (3),
3 then, in sentencing the minor, the court shall have available
4 any or all dispositions prescribed for that offense under
5 Chapter V of the Unified Code of Corrections.
6 (ii) If after trial or plea the court finds that the
7 minor committed an offense not covered by paragraph (a) of
8 this subsection (3), that finding shall not invalidate the
9 verdict or the prosecution of the minor under the criminal
10 laws of the State; however, unless the State requests a
11 hearing for the purpose of sentencing the minor under Chapter
12 V of the Unified Code of Corrections, the Court must proceed
13 under Sections 5-705 and 5-710 of this Article. To request a
14 hearing, the State must file a written motion within 10 days
15 following the entry of a finding or the return of a verdict.
16 Reasonable notice of the motion shall be given to the minor
17 or his or her counsel. If the motion is made by the State,
18 the court shall conduct a hearing to determine if the minor
19 should be sentenced under Chapter V of the Unified Code of
20 Corrections. In making its determination, the court shall
21 consider among other matters: (a) whether there is evidence
22 that the offense was committed in an aggressive and
23 premeditated manner; (b) the age of the minor; (c) the
24 previous history of the minor; (d) whether there are
25 facilities particularly available to the Juvenile Court or
26 the Department of Corrections, Juvenile Division, for the
27 treatment and rehabilitation of the minor; (e) whether the
28 security of the public requires sentencing under Chapter V of
29 the 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 (4) (a) The definition of delinquent minor under Section
3 5-120 of this Article shall not apply to any minor who at the
4 time of an offense was at least 12 13 years of age and who is
5 charged with first degree murder committed during the course
6 of either aggravated criminal sexual assault, criminal sexual
7 assault, or aggravated kidnaping. However, this subsection
8 (4) does not include a minor charged with first degree murder
9 based exclusively upon the accountability provisions of the
10 Criminal Code of 1961.
11 (b) (i) If before trial or plea an information or
12 indictment is filed that does not charge first degree murder
13 committed during the course of aggravated criminal sexual
14 assault, criminal sexual assault, or aggravated kidnaping,
15 the State's Attorney may proceed on any lesser charge or
16 charges, but only in Juvenile Court under the provisions of
17 this Article. The State's Attorney may proceed under the
18 criminal laws of this State on a lesser charge if before
19 trial the minor defendant knowingly and with advice of
20 counsel waives, in writing, his or her right to have the
21 matter proceed in Juvenile Court.
22 (ii) If before trial or plea an information or
23 indictment is filed that includes first degree murder
24 committed during the course of aggravated criminal sexual
25 assault, criminal sexual assault, or aggravated kidnaping,
26 and additional charges that are not specified in paragraph
27 (a) of this subsection, all of the charges arising out of the
28 same incident shall be prosecuted under the criminal laws of
29 this State.
30 (c) (i) If after trial or plea the minor is convicted of
31 first degree murder committed during the course of aggravated
32 criminal sexual assault, criminal sexual assault, or
33 aggravated kidnaping, in sentencing the minor, the court
34 shall have available any or all dispositions prescribed for
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1 that offense under Chapter V of the Unified Code of
2 Corrections.
3 (ii) If the minor was not yet 15 years of age at the
4 time of the offense, and if after trial or plea the court
5 finds that the minor committed an offense other than first
6 degree murder committed during the course of either
7 aggravated criminal sexual assault, criminal sexual assault,
8 or aggravated kidnapping, the finding shall not invalidate
9 the verdict or the prosecution of the minor under the
10 criminal laws of the State; however, unless the State
11 requests a hearing for the purpose of sentencing the minor
12 under Chapter V of the Unified Code of Corrections, the Court
13 must proceed under Sections 5-705 and 5-710 of this Article.
14 To request a hearing, the State must file a written motion
15 within 10 days following the entry of a finding or the return
16 of a verdict. Reasonable notice of the motion shall be given
17 to the minor or his or her counsel. If the motion is made by
18 the State, the court shall conduct a hearing to determine
19 whether the minor should be sentenced under Chapter V of the
20 Unified Code of Corrections. In making its determination,
21 the court shall consider among other matters: (a) whether
22 there is evidence that the offense was committed in an
23 aggressive and premeditated manner; (b) the age of the
24 minor; (c) the previous delinquent history of the minor;
25 (d) whether there are facilities particularly available to
26 the Juvenile Court or the Department of Corrections, Juvenile
27 Division, for the treatment and rehabilitation of the minor;
28 (e) whether the best interest of the minor and the security
29 of the public require sentencing under Chapter V of the
30 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 (5) (a) The definition of delinquent minor under Section
4 5-120 of this Article shall not apply to any minor who is
5 charged with a violation of subsection (a) of Section 31-6 or
6 Section 32-10 of the Criminal Code of 1961 when the minor is
7 subject to prosecution under the criminal laws of this State
8 as a result of the application of the provisions of Section
9 5-125, or subsection (1) or (2) of this Section. These
10 charges and all other charges arising out of the same
11 incident shall be prosecuted under the criminal laws of this
12 State.
13 (b) (i) If before trial or plea an information or
14 indictment is filed that does not charge an offense specified
15 in paragraph (a) of this subsection (5), the State's Attorney
16 may proceed on any lesser charge or charges, but only in
17 Juvenile Court under the provisions of this Article. The
18 State's Attorney may proceed under the criminal laws of this
19 State on a lesser charge if before trial the minor defendant
20 knowingly and with advice of counsel waives, in writing, his
21 or her right to have the matter proceed in Juvenile Court.
22 (ii) If before trial or plea an information or
23 indictment is filed that includes one or more charges
24 specified in paragraph (a) of this subsection (5) and
25 additional charges that are not specified in that paragraph,
26 all of the charges arising out of the same incident shall be
27 prosecuted under the criminal laws of this State.
28 (c) (i) If after trial or plea the minor is convicted of
29 any offense covered by paragraph (a) of this subsection (5),
30 then, in sentencing the minor, the court shall have available
31 any or all dispositions prescribed for that offense under
32 Chapter V of the Unified Code of Corrections.
33 (ii) If after trial or plea the court finds that the
34 minor committed an offense not covered by paragraph (a) of
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1 this subsection (5), the conviction shall not invalidate the
2 verdict or the prosecution of the minor under the criminal
3 laws of this State; however, unless the State requests a
4 hearing for the purpose of sentencing the minor under Chapter
5 V of the Unified Code of Corrections, the Court must proceed
6 under Sections 5-705 and 5-710 of this Article. To request a
7 hearing, the State must file a written motion within 10 days
8 following the entry of a finding or the return of a verdict.
9 Reasonable notice of the motion shall be given to the minor
10 or his or her counsel. If the motion is made by the State,
11 the court shall conduct a hearing to determine if whether the
12 minor should be sentenced under Chapter V of the Unified Code
13 of Corrections. In making its determination, the court shall
14 consider among other matters: (a) whether there is evidence
15 that the offense was committed in an aggressive and
16 premeditated manner; (b) the age of the minor; (c) the
17 previous delinquent history of the minor; (d) whether there
18 are facilities particularly available to the Juvenile Court
19 or the Department of Corrections, Juvenile Division, for the
20 treatment and rehabilitation of the minor; (e) whether the
21 security of the public requires sentencing under Chapter V of
22 the Unified Code of Corrections; and (f) whether the minor
23 possessed a deadly weapon when committing the offense. The
24 rules of evidence shall be the same as if at trial. If after
25 the hearing the court finds that the minor should be
26 sentenced under Chapter V of the Unified Code of Corrections,
27 then the court shall sentence the minor accordingly having
28 available to it any or all dispositions so prescribed.
29 (6) The definition of delinquent minor under Section
30 5-120 of this Article shall not apply to any minor who,
31 pursuant to subsection (1), (2), or (3) or Section 5-805, or
32 5-810, has previously been placed under the jurisdiction of
33 the criminal court and has been convicted of a crime under an
34 adult criminal or penal statute. Such a minor shall be
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1 subject to prosecution under the criminal laws of this State.
2 (7) The procedures set out in this Article for the
3 investigation, arrest and prosecution of juvenile offenders
4 shall not apply to minors who are excluded from jurisdiction
5 of the Juvenile Court, except that minors under 17 years of
6 age shall be kept separate from confined adults.
7 (8) Nothing in this Act prohibits or limits the
8 prosecution of any minor for an offense committed on or after
9 his or her 17th birthday even though he or she is at the time
10 of the offense a ward of the court.
11 (9) If an original petition for adjudication of wardship
12 alleges the commission by a minor 12 13 years of age or over
13 of an act that constitutes a crime under the laws of this
14 State, the minor, with the consent of his or her counsel,
15 may, at any time before commencement of the adjudicatory
16 hearing, file with the court a motion that criminal
17 prosecution be ordered and that the petition be dismissed
18 insofar as the act or acts involved in the criminal
19 proceedings are concerned. If such a motion is filed as
20 herein provided, the court shall enter its order accordingly.
21 (Source: P.A. 90-590, eff. 1-1-99.)
22 (705 ILCS 405/5-710)
23 Sec. 5-710. Kinds of sentencing orders.
24 (1) The following kinds of sentencing orders may be made
25 in respect of wards of the court:
26 (a) Except as provided in Sections 5-805, 5-810,
27 5-815, a minor who is found guilty under Section 5-620
28 may be:
29 (i) put on probation or conditional discharge
30 and released to his or her parents, guardian or
31 legal custodian, provided, however, that any such
32 minor who is not committed to the Department of
33 Corrections, Juvenile Division under this subsection
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1 and who is found to be a delinquent for an offense
2 which is first degree murder, a Class X felony, or a
3 forcible felony shall be placed on probation;
4 (ii) placed in accordance with Section 5-740,
5 with or without also being put on probation or
6 conditional discharge;
7 (iii) required to undergo a substance abuse
8 assessment conducted by a licensed provider and
9 participate in the indicated clinical level of care;
10 (iv) placed in the guardianship of the
11 Department of Children and Family Services, but only
12 if the delinquent minor is under 12 13 years of age;
13 (v) placed in detention for a period not to
14 exceed 30 days, either as the exclusive order of
15 disposition or, where appropriate, in conjunction
16 with any other order of disposition issued under
17 this paragraph, provided that any such detention
18 shall be in a juvenile detention home and the minor
19 so detained shall be 10 years of age or older.
20 However, the 30-day limitation may be extended by
21 further order of the court for a minor under age 12
22 13 committed to the Department of Children and
23 Family Services if the court finds that the minor is
24 a danger to himself or others. The minor shall be
25 given credit on the sentencing order of detention
26 for time spent in detention under Sections 5-501,
27 5-601, 5-710, or 5-720 of this Article as a result
28 of the offense for which the sentencing order was
29 imposed. The court may grant credit on a sentencing
30 order of detention entered under a violation of
31 probation or violation of conditional discharge
32 under Section 5-720 of this Article for time spent
33 in detention before the filing of the petition
34 alleging the violation. A minor shall not be
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1 deprived of credit for time spent in detention
2 before the filing of a violation of probation or
3 conditional discharge alleging the same or related
4 act or acts;
5 (vi) ordered partially or completely
6 emancipated in accordance with the provisions of the
7 Emancipation of Mature Minors Act;
8 (vii) subject to having his or her driver's
9 license or driving privileges suspended for such
10 time as determined by the court but only until he or
11 she attains 18 years of age; or
12 (viii) put on probation or conditional
13 discharge and placed in detention under Section
14 3-6039 of the Counties Code for a period not to
15 exceed the period of incarceration permitted by law
16 for adults found guilty of the same offense or
17 offenses for which the minor was adjudicated
18 delinquent, and in any event no longer than upon
19 attainment of age 21; this subdivision (viii)
20 notwithstanding any contrary provision of the law.
21 (b) A minor found to be guilty may be committed to
22 the Department of Corrections, Juvenile Division, under
23 Section 5-750 if the minor is 12 13 years of age or
24 older, provided that the commitment to the Department of
25 Corrections, Juvenile Division, shall be made only if a
26 term of incarceration is permitted by law for adults
27 found guilty of the offense for which the minor was
28 adjudicated delinquent. The time during which a minor is
29 in custody before being released upon the request of a
30 parent, guardian or legal custodian shall be considered
31 as time spent in detention.
32 (c) When a minor is found to be guilty for an
33 offense which is a violation of the Illinois Controlled
34 Substances Act or the Cannabis Control Act and made a
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1 ward of the court, the court may enter a disposition
2 order requiring the minor to undergo assessment,
3 counseling or treatment in a substance abuse program
4 approved by the Department of Human Services.
5 (2) Any sentencing order other than commitment to the
6 Department of Corrections, Juvenile Division, may provide for
7 protective supervision under Section 5-725 and may include an
8 order of protection under Section 5-730.
9 (3) Unless the sentencing order expressly so provides,
10 it does not operate to close proceedings on the pending
11 petition, but is subject to modification until final closing
12 and discharge of the proceedings under Section 5-750.
13 (4) In addition to any other sentence, the court may
14 order any minor found to be delinquent to make restitution,
15 in monetary or non-monetary form, under the terms and
16 conditions of Section 5-5-6 of the Unified Code of
17 Corrections, except that the "presentencing hearing" referred
18 to in that Section shall be the sentencing hearing for
19 purposes of this Section. The parent, guardian or legal
20 custodian of the minor may be ordered by the court to pay
21 some or all of the restitution on the minor's behalf,
22 pursuant to the Parental Responsibility Law. The State's
23 Attorney is authorized to act on behalf of any victim in
24 seeking restitution in proceedings under this Section, up to
25 the maximum amount allowed in Section 5 of the Parental
26 Responsibility Law.
27 (5) Any sentencing order where the minor is committed or
28 placed in accordance with Section 5-740 shall provide for the
29 parents or guardian of the estate of the minor to pay to the
30 legal custodian or guardian of the person of the minor such
31 sums as are determined by the custodian or guardian of the
32 person of the minor as necessary for the minor's needs. The
33 payments may not exceed the maximum amounts provided for by
34 Section 9.1 of the Children and Family Services Act.
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1 (6) Whenever the sentencing order requires the minor to
2 attend school or participate in a program of training, the
3 truant officer or designated school official shall regularly
4 report to the court if the minor is a chronic or habitual
5 truant under Section 26-2a of the School Code.
6 (7) In no event shall a guilty minor be committed to the
7 Department of Corrections, Juvenile Division for a period of
8 time in excess of that period for which an adult could be
9 committed for the same act.
10 (8) A minor found to be guilty for reasons that include
11 a violation of Section 21-1.3 of the Criminal Code of 1961
12 shall be ordered to perform community service for not less
13 than 30 and not more than 120 hours, if community service is
14 available in the jurisdiction. The community service shall
15 include, but need not be limited to, the cleanup and repair
16 of the damage that was caused by the violation or similar
17 damage to property located in the municipality or county in
18 which the violation occurred. The order may be in addition
19 to any other order authorized by this Section.
20 (9) In addition to any other sentencing order, the court
21 shall order any minor found to be guilty for an act which
22 would constitute, predatory criminal sexual assault of a
23 child, aggravated criminal sexual assault, criminal sexual
24 assault, aggravated criminal sexual abuse, or criminal sexual
25 abuse if committed by an adult to undergo medical testing to
26 determine whether the defendant has any sexually
27 transmissible disease including a test for infection with
28 human immunodeficiency virus (HIV) or any other identified
29 causative agency of acquired immunodeficiency syndrome
30 (AIDS). Any medical test shall be performed only by
31 appropriately licensed medical practitioners and may include
32 an analysis of any bodily fluids as well as an examination of
33 the minor's person. Except as otherwise provided by law, the
34 results of the test shall be kept strictly confidential by
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1 all medical personnel involved in the testing and must be
2 personally delivered in a sealed envelope to the judge of the
3 court in which the sentencing order was entered for the
4 judge's inspection in camera. Acting in accordance with the
5 best interests of the victim and the public, the judge shall
6 have the discretion to determine to whom the results of the
7 testing may be revealed. The court shall notify the minor of
8 the results of the test for infection with the human
9 immunodeficiency virus (HIV). The court shall also notify
10 the victim if requested by the victim, and if the victim is
11 under the age of 15 and if requested by the victim's parents
12 or legal guardian, the court shall notify the victim's
13 parents or the legal guardian, of the results of the test for
14 infection with the human immunodeficiency virus (HIV). The
15 court shall provide information on the availability of HIV
16 testing and counseling at the Department of Public Health
17 facilities to all parties to whom the results of the testing
18 are revealed. The court shall order that the cost of any
19 test shall be paid by the county and may be taxed as costs
20 against the minor.
21 (10) When a court finds a minor to be guilty the court
22 shall, before entering a sentencing order under this Section,
23 make a finding whether the offense committed either: (a) was
24 related to or in furtherance of the criminal activities of an
25 organized gang or was motivated by the minor's membership in
26 or allegiance to an organized gang, or (b) involved a
27 violation of subsection (a) of Section 12-7.1 of the Criminal
28 Code of 1961, a violation of any Section of Article 24 of the
29 Criminal Code of 1961, or a violation of any statute that
30 involved the wrongful use of a firearm. If the court
31 determines the question in the affirmative, and the court
32 does not commit the minor to the Department of Corrections,
33 Juvenile Division, the court shall order the minor to perform
34 community service for not less than 30 hours nor more than
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1 120 hours, provided that community service is available in
2 the jurisdiction and is funded and approved by the county
3 board of the county where the offense was committed. The
4 community service shall include, but need not be limited to,
5 the cleanup and repair of any damage caused by a violation of
6 Section 21-1.3 of the Criminal Code of 1961 and similar
7 damage to property located in the municipality or county in
8 which the violation occurred. When possible and reasonable,
9 the community service shall be performed in the minor's
10 neighborhood. This order shall be in addition to any other
11 order authorized by this Section except for an order to place
12 the minor in the custody of the Department of Corrections,
13 Juvenile Division. For the purposes of this Section,
14 "organized gang" has the meaning ascribed to it in Section 10
15 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
16 (Source: P.A. 90-590, eff. 1-1-99.)
17 (705 ILCS 405/5-750)
18 Sec. 5-750. Commitment to the Department of Corrections,
19 Juvenile Division.
20 (1) Except as provided in subsection (2) of this
21 Section, when any delinquent has been adjudged a ward of the
22 court under this Act, the court may commit him or her to the
23 Department of Corrections, Juvenile Division, if it finds
24 that (a) his or her parents, guardian or legal custodian are
25 unfit or are unable, for some reason other than financial
26 circumstances alone, to care for, protect, train or
27 discipline the minor, or are unwilling to do so, and the best
28 interests of the minor and the public will not be served by
29 placement under Section 5-740 or; (b) it is necessary to
30 ensure the protection of the public from the consequences of
31 criminal activity of the delinquent.
32 (2) When a minor of the age of at least 12 13 years is
33 adjudged delinquent for the offense of first degree murder,
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1 the court shall declare the minor a ward of the court and
2 order the minor committed to the Department of Corrections,
3 Juvenile Division, until the minor's 21st birthday, without
4 the possibility of parole, furlough, or non-emergency
5 authorized absence for a period of 5 years from the date the
6 minor was committed to the Department of Corrections, except
7 that the time that a minor spent in custody for the instant
8 offense before being committed to the Department shall be
9 considered as time credited towards that 5 year period.
10 Nothing in this subsection (2) shall preclude the State's
11 Attorney from seeking to prosecute a minor as an adult as an
12 alternative to proceeding under this Act.
13 (3) Except as provided in subsection (2), the commitment
14 of a delinquent to the Department of Corrections shall be for
15 an indeterminate term which shall automatically terminate
16 upon the delinquent attaining the age of 21 years unless the
17 delinquent is sooner discharged from parole or custodianship
18 is otherwise terminated in accordance with this Act or as
19 otherwise provided for by law.
20 (4) When the court commits a minor to the Department of
21 Corrections, it shall order him or her conveyed forthwith to
22 the appropriate reception station or other place designated
23 by the Department of Corrections, and shall appoint the
24 Assistant Director of Corrections, Juvenile Division, legal
25 custodian of the minor. The clerk of the court shall issue
26 to the Assistant Director of Corrections, Juvenile Division,
27 a certified copy of the order, which constitutes proof of the
28 Director's authority. No other process need issue to warrant
29 the keeping of the minor.
30 (5) If a minor is committed to the Department of
31 Corrections, Juvenile Division, the clerk of the court shall
32 forward to the Department:
33 (a) the disposition ordered;
34 (b) all reports;
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1 (c) the court's statement of the basis for ordering
2 the disposition; and
3 (d) all additional matters which the court directs
4 the clerk to transmit.
5 (6) Whenever the Department of Corrections lawfully
6 discharges from its custody and control a minor committed to
7 it, the Assistant Director of Corrections, Juvenile Division,
8 shall petition the court for an order terminating his or her
9 custodianship. The custodianship shall terminate
10 automatically 30 days after receipt of the petition unless
11 the court orders otherwise.
12 (Source: P.A. 90-590, eff. 1-1-99.)
13 (705 ILCS 405/5-805)
14 Sec. 5-805. Transfer of jurisdiction.
15 (1) Mandatory transfers.
16 (a) If a petition alleges commission by a minor 15
17 years of age or older of an act that constitutes a
18 forcible felony under the laws of this State, and if a
19 motion by the State's Attorney to prosecute the minor
20 under the criminal laws of Illinois for the alleged
21 forcible felony alleges that (i) the minor has previously
22 been adjudicated delinquent or found guilty for
23 commission of an act that constitutes a felony under the
24 laws of this State or any other state and (ii) the act
25 that constitutes the offense was committed in furtherance
26 of criminal activity by an organized gang, the Juvenile
27 Judge assigned to hear and determine those motions shall,
28 upon determining that there is probable cause that both
29 allegations are true, enter an order permitting
30 prosecution under the criminal laws of Illinois.
31 (b) If a petition alleges commission by a minor 15
32 years of age or older of an act that constitutes a felony
33 under the laws of this State, and if a motion by a
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1 State's Attorney to prosecute the minor under the
2 criminal laws of Illinois for the alleged 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 forcible felony under the laws of this
6 State or any other state and (ii) the act that
7 constitutes the offense was committed in furtherance of
8 criminal activities by an organized gang, the Juvenile
9 Judge assigned to hear and determine those motions shall,
10 upon determining that there is probable cause that both
11 allegations are true, enter an order permitting
12 prosecution under the criminal laws of Illinois.
13 (c) If a petition alleges commission by a minor 15
14 years of age or older of: (i) an act that constitutes an
15 offense enumerated in the presumptive transfer provisions
16 of subsection (2); and (ii) the minor has previously been
17 adjudicated delinquent or found guilty of a forcible
18 felony, the Juvenile Judge designated to hear and
19 determine those motions shall, upon determining that
20 there is probable cause that both allegations are true,
21 enter an order permitting prosecution under the criminal
22 laws of Illinois.
23 (2) Presumptive transfer.
24 (a) If the State's Attorney files a petition, at
25 any time prior to commencement of the minor's trial, to
26 permit prosecution under the criminal laws and the
27 petition alleges the commission by a minor 15 years of
28 age or older of: (i) a Class X felony other than armed
29 violence; (ii) aggravated discharge of a firearm; (iii)
30 armed violence with a firearm when the predicate offense
31 is a Class 1 or Class 2 felony and the State's Attorney's
32 motion to transfer the case alleges that the offense
33 committed is in furtherance of the criminal activities of
34 an organized gang; (iv) armed violence with a firearm
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1 when the predicate offense is a violation of the Illinois
2 Controlled Substances Act or a violation of the Cannabis
3 Control Act; (v) armed violence when the weapon involved
4 was a machine gun or other weapon described in subsection
5 (a)(7) of Section 24-1 of the Criminal Code of 1961, and,
6 if the juvenile judge assigned to hear and determine
7 motions to transfer a case for prosecution in the
8 criminal court determines that there is probable cause to
9 believe that the allegations in the petition and motion
10 are true, there is a rebuttable presumption that the
11 minor is not a fit and proper subject to be dealt with
12 under the Juvenile Justice Reform Provisions of 1998, and
13 that, except as provided in paragraph (b), the case
14 should be transferred to the criminal court.
15 (b) The judge shall enter an order permitting
16 prosecution under the criminal laws of Illinois unless
17 the judge makes a finding based on clear and convincing
18 evidence that the minor would be amenable to the care,
19 treatment, and training programs available through the
20 facilities of the juvenile court based on an evaluation
21 of the following:
22 (i) The seriousness of the alleged offense;
23 (ii) The minor's history of delinquency;
24 (iii) The age of the minor;
25 (iv) The culpability of the minor in committing
26 the alleged offense;
27 (v) Whether the offense was committed in an
28 aggressive or premeditated manner;
29 (vi) Whether the minor used or possessed a deadly
30 weapon when committing the alleged offense;
31 (vii) The minor's history of services, including
32 the minor's willingness to participate meaningfully in
33 available services;
34 (viii) Whether there is a reasonable likelihood that
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1 the minor can be rehabilitated before the expiration of
2 the juvenile court's jurisdiction;
3 (ix) The adequacy of the punishment or services
4 available in the juvenile justice system.
5 In considering these factors, the court shall give
6 greater weight to the seriousness of the alleged offense and
7 the minor's prior record of delinquency than to the other
8 factors listed in this subsection.
9 (3) Discretionary transfer.
10 (a) If a petition alleges commission by a minor 12
11 13 years of age or over of an act that constitutes a
12 crime under the laws of this State and, on motion of the
13 State's Attorney to permit prosecution of the minor under
14 the criminal laws, a Juvenile Judge assigned by the Chief
15 Judge of the Circuit to hear and determine those motions,
16 after hearing but before commencement of the trial, finds
17 that there is probable cause to believe that the
18 allegations in the motion are true and that it is not in
19 the best interests of the public to proceed under this
20 Act, the court may enter an order permitting prosecution
21 under the criminal laws.
22 (b) In making its determination on the motion to
23 permit prosecution under the criminal laws, the court
24 shall consider among other matters:
25 (i) The seriousness of the alleged offense;
26 (ii) The minor's history of delinquency;
27 (iii) The age of the minor;
28 (iv) The culpability of the minor in committing the
29 alleged offense;
30 (v) Whether the offense was committed in an
31 aggressive or premeditated manner;
32 (vi) Whether the minor used or possessed a deadly
33 weapon when committing the alleged offense;
34 (vii) The minor's history of services, including
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1 the minor's willingness to participate meaningfully in
2 available services;
3 (viii) The adequacy of the punishment or services
4 available in the juvenile justice system.
5 In considering these factors, the court shall give
6 greater weight to the seriousness of the alleged offense and
7 the minor's prior record of delinquency than to the other
8 factors listed in this subsection.
9 (4) The rules of evidence for this hearing shall be the
10 same as under Section 5-705 of this Act. A minor must be
11 represented in court by counsel before the hearing may be
12 commenced.
13 (5) If criminal proceedings are instituted, the petition
14 for adjudication of wardship shall be dismissed insofar as
15 the act or acts involved in the criminal proceedings. Taking
16 of evidence in a trial on petition for adjudication of
17 wardship is a bar to criminal proceedings based upon the
18 conduct alleged in the petition.
19 (Source: P.A. 90-590, eff. 1-1-99.)
20 (705 ILCS 405/5-810)
21 Sec. 5-810. Extended jurisdiction juvenile prosecutions.
22 (1) If the State's Attorney files a petition, at any
23 time prior to commencement of the minor's trial, to designate
24 the proceeding as an extended jurisdiction juvenile
25 prosecution and the petition alleges the commission by a
26 minor 12 13 years of age or older of any offense which would
27 be a felony if committed by an adult, and, if the juvenile
28 judge assigned to hear and determine petitions to designate
29 the proceeding as an extended jurisdiction juvenile
30 prosecution determines that there is probable cause to
31 believe that the allegations in the petition and motion are
32 true, there is a rebuttable presumption that the proceeding
33 shall be designated as an extended jurisdiction juvenile
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1 proceeding.
2 (b) The judge shall enter an order designating the
3 proceeding as an extended jurisdiction juvenile proceeding
4 unless the judge makes a finding based on clear and
5 convincing evidence that sentencing under the Chapter V of
6 the Unified Code of Corrections would not be appropriate for
7 the minor based on an evaluation of the following factors:
8 (i) The seriousness of the alleged offense;
9 (ii) The minor's history of delinquency;
10 (iii) The age of the minor;
11 (iv) The culpability of the minor in committing the
12 alleged offense;
13 (v) Whether the offense was committed in an
14 aggressive or premeditated manner;
15 (vi) Whether the minor used or possessed a deadly
16 weapon when committing the alleged offense.
17 In considering these factors, the court shall give
18 greater weight to the seriousness of the alleged offense and
19 the minor's prior record of delinquency than to other factors
20 listed in this subsection.
21 (2) Procedures for extended jurisdiction juvenile
22 prosecutions.
23 (a) The State's Attorney may file a written motion
24 for a proceeding to be designated as an extended juvenile
25 jurisdiction prior to commencement of trial. Notice of
26 the motion shall be in compliance with Section 5-530.
27 When the State's Attorney files a written motion that a
28 proceeding be designated an extended jurisdiction
29 juvenile prosecution, the court shall commence a hearing
30 within 30 days of the filing of the motion for
31 designation, unless good cause is shown by the
32 prosecution or the minor as to why the hearing could not
33 be held within this time period. If the court finds good
34 cause has been demonstrated, then the hearing shall be
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1 held within 60 days of the filing of the motion. The
2 hearings shall be open to the public unless the judge
3 finds that the hearing should be closed for the
4 protection of any party, victim or witness. If the
5 Juvenile Judge assigned to hear and determine a motion to
6 designate an extended jurisdiction juvenile prosecution
7 determines that there is probable cause to believe that
8 the allegations in the petition and motion are true the
9 court shall grant the motion for designation.
10 Information used by the court in its findings or stated
11 in or offered in connection with this Section may be by
12 way of proffer based on reliable information offered by
13 the State or the minor. All evidence shall be admissible
14 if it is relevant and reliable regardless of whether it
15 would be admissible under the rules of evidence.
16 (3) Trial. A minor who is subject of an extended
17 jurisdiction juvenile prosecution has the right to trial by
18 jury. Any trial under this Section shall be open to the
19 public.
20 (4) Sentencing. If an extended jurisdiction juvenile
21 prosecution under subsections (1) results in a guilty plea, a
22 verdict of guilty, or a finding of guilt, the court shall
23 impose the following:
24 (i) one or more juvenile sentences under Section
25 5-710; and
26 (ii) an adult criminal sentence in accordance with
27 the provisions of Chapter V of the Unified Code of
28 Corrections, the execution of which shall be stayed on
29 the condition that the offender not violate the
30 provisions of the juvenile sentence.
31 Any sentencing hearing under this Section shall be open to
32 the public.
33 (5) If, after an extended jurisdiction juvenile
34 prosecution trial, a minor is convicted of a lesser-included
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1 offense or of an offense that the State's Attorney did not
2 designate as an extended jurisdiction juvenile prosecution,
3 the State's Attorney may file a written motion, within 10
4 days of the finding of guilt, that the minor be sentenced as
5 an extended jurisdiction juvenile prosecution offender. The
6 court shall rule on this motion using the factors found in
7 paragraph (1) (b) of Section 5-805. If the court denies the
8 State's Attorney's motion for sentencing under the extended
9 jurisdiction juvenile prosecution provision, the court shall
10 proceed to sentence the minor under Section 5-710.
11 (6) When it appears that a minor convicted in an
12 extended jurisdiction juvenile prosecution under subsection
13 (1) has violated the conditions of his or her sentence, or is
14 alleged to have committed a new offense upon the filing of a
15 petition to revoke the stay, the court may, without notice,
16 issue a warrant for the arrest of the minor. After a hearing,
17 if the court finds by a preponderance of the evidence that
18 the minor committed a new offense, the court shall order
19 execution of the previously imposed adult criminal sentence.
20 After a hearing, if the court finds by a preponderance of the
21 evidence that the minor committed a violation of his or her
22 sentence other than by a new offense, the court may order
23 execution of the previously imposed adult criminal sentence
24 or may continue him or her on the existing juvenile sentence
25 with or without modifying or enlarging the conditions. Upon
26 revocation of the stay of the adult criminal sentence and
27 imposition of that sentence, the minor's extended
28 jurisdiction juvenile status shall be terminated. The
29 on-going jurisdiction over the minor's case shall be assumed
30 by the adult criminal court and juvenile court jurisdiction
31 shall be terminated and a report of the imposition of the
32 adult sentence shall be sent to the Department of State
33 Police.
34 (7) Upon successful completion of the juvenile sentence
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1 the court shall vacate the adult criminal sentence.
2 (8) Nothing in this Section precludes the State from
3 filing a motion for transfer under Section 5-805.
4 (Source: P.A. 90-590, eff. 1-1-99.)
5 (705 ILCS 405/5-901)
6 Sec. 5-901. Court file.
7 (1) The Court file with respect to proceedings under
8 this Article shall consist of the petitions, pleadings,
9 victim impact statements, process, service of process,
10 orders, writs and docket entries reflecting hearings held and
11 judgments and decrees entered by the court. The court file
12 shall be kept separate from other records of the court.
13 (a) The file, including information identifying the
14 victim or alleged victim of any sex offense, shall be
15 disclosed only to the following parties when necessary
16 for discharge of their official duties:
17 (i) A judge of the circuit court and members
18 of the staff of the court designated by the judge;
19 (ii) Parties to the proceedings and their
20 attorneys;
21 (iii) Victims and their attorneys, except in
22 cases of multiple victims of sex offenses in which
23 case the information identifying the nonrequesting
24 victims shall be redacted;
25 (iv) Probation officers, law enforcement
26 officers or prosecutors or their staff;
27 (v) Adult and juvenile Prisoner Review Boards.
28 (b) The Court file redacted to remove any
29 information identifying the victim or alleged victim of
30 any sex offense shall be disclosed only to the following
31 parties when necessary for discharge of their official
32 duties:
33 (i) Authorized military personnel;
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1 (ii) Persons engaged in bona fide research,
2 with the permission of the judge of the juvenile
3 court and the chief executive of the agency that
4 prepared the particular recording: provided that
5 publication of such research results in no
6 disclosure of a minor's identity and protects the
7 confidentiality of the record;
8 (iii) The Secretary of State to whom the Clerk
9 of the Court shall report the disposition of all
10 cases, as required in Section 6-204 or Section
11 6-205.1 of the Illinois Vehicle Code. However,
12 information reported relative to these offenses
13 shall be privileged and available only to the
14 Secretary of State, courts, and police officers;
15 (iv) The administrator of a bonafide substance
16 abuse student assistance program with the permission
17 of the presiding judge of the juvenile court;
18 (v) Any individual, or any public or private
19 agency or institution, having custody of the
20 juvenile under court order or providing educational,
21 medical or mental health services to the juvenile or
22 a court-approved advocate for the juvenile or any
23 placement provider or potential placement provider
24 as determined by the court.
25 (3) A minor who is the victim or alleged victim in a
26 juvenile proceeding shall be provided the same
27 confidentiality regarding disclosure of identity as the minor
28 who is the subject of record. Information identifying victims
29 and alleged victims of sex offenses, shall not be disclosed
30 or open to public inspection under any circumstances. Nothing
31 in this Section shall prohibit the victim or alleged victim
32 of any sex offense from voluntarily disclosing his or her
33 identity.
34 (4) Relevant information, reports and records shall be
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1 made available to the Department of Corrections when a
2 juvenile offender has been placed in the custody of the
3 Department of Corrections, Juvenile Division.
4 (5) Except as otherwise provided in this subsection (5),
5 juvenile court records shall not be made available to the
6 general public but may be inspected by representatives of
7 agencies, associations and news media or other properly
8 interested persons by general or special order of the court.
9 The State's Attorney, the minor, his or her parents, guardian
10 and counsel shall at all times have the right to examine
11 court files and records.
12 (a) The court shall allow the general public to
13 have access to the name, address, and offense of a minor
14 who is adjudicated a delinquent minor under this Act
15 under either of the following circumstances:
16 (i) The adjudication of delinquency was based
17 upon the minor's commission of first degree murder,
18 attempt to commit first degree murder, aggravated
19 criminal sexual assault, or criminal sexual assault;
20 or
21 (ii) The court has made a finding that the
22 minor was at least 12 13 years of age at the time
23 the act was committed and the adjudication of
24 delinquency was based upon the minor's commission
25 of: (A) an act in furtherance of the commission of a
26 felony as a member of or on behalf of a criminal
27 street gang, (B) an act involving the use of a
28 firearm in the commission of a felony, (C) an act
29 that would be a Class X felony offense under or the
30 minor's second or subsequent Class 2 or greater
31 felony offense under the Cannabis Control Act if
32 committed by an adult, (D) an act that would be a
33 second or subsequent offense under Section 402 of
34 the Illinois Controlled Substances Act if committed
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1 by an adult, or (E) an act that would be an offense
2 under Section 401 of the Illinois Controlled
3 Substances Act if committed by an adult.
4 (b) The court shall allow the general public to
5 have access to the name, address, and offense of a minor
6 who is at least 12 13 years of age at the time the
7 offense is committed and who is convicted, in criminal
8 proceedings permitted or required under Section 5-805,
9 under either of the following circumstances:
10 (i) The minor has been convicted of first
11 degree murder, attempt to commit first degree
12 murder, aggravated criminal sexual assault, or
13 criminal sexual assault,
14 (ii) The court has made a finding that the
15 minor was at least 12 13 years of age at the time
16 the offense was committed and the conviction was
17 based upon the minor's commission of: (A) an offense
18 in furtherance of the commission of a felony as a
19 member of or on behalf of a criminal street gang,
20 (B) an offense involving the use of a firearm in the
21 commission of a felony, (C) a Class X felony offense
22 under the Cannabis Control Act or a second or
23 subsequent Class 2 or greater felony offense under
24 the Cannabis Control Act, (D) a second or subsequent
25 offense under Section 402 of the Illinois Controlled
26 Substances Act, or (E) an offense under Section 401
27 of the Illinois Controlled Substances Act.
28 (6) Nothing in this Section shall be construed to limit
29 the use of a adjudication of delinquency as evidence in any
30 juvenile or criminal proceeding, where it would otherwise be
31 admissible under the rules of evidence, including but not
32 limited to, use as impeachment evidence against any witness,
33 including the minor if he or she testifies.
34 (7) Nothing in this Section shall affect the right of a
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1 Civil Service Commission or appointing authority examining
2 the character and fitness of an applicant for a position as a
3 law enforcement officer to ascertain whether that applicant
4 was ever adjudicated to be a delinquent minor and, if so, to
5 examine the records or evidence which were made in
6 proceedings under this Act.
7 (8) Following any adjudication of delinquency for a
8 crime which would be a felony if committed by an adult, or
9 following any adjudication of delinquency for a violation of
10 Section 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of
11 1961, the State's Attorney shall ascertain whether the minor
12 respondent is enrolled in school and, if so, shall provide a
13 copy of the sentencing order to the principal or chief
14 administrative officer of the school. Access to such
15 juvenile records shall be limited to the principal or chief
16 administrative officer of the school and any guidance
17 counselor designated by him or her.
18 (9) Nothing contained in this Act prevents the sharing
19 or disclosure of information or records relating or
20 pertaining to juveniles subject to the provisions of the
21 Serious Habitual Offender Comprehensive Action Program when
22 that information is used to assist in the early
23 identification and treatment of habitual juvenile offenders.
24 (11) The Clerk of the Circuit Court shall report to the
25 Department of State Police, in the form and manner required
26 by the Department of State Police, the final disposition of
27 each minor who has been arrested or taken into custody before
28 his or her 17th birthday for those offenses required to be
29 reported under Section 5 of the Criminal Identification Act.
30 Information reported to the Department under this Section may
31 be maintained with records that the Department files under
32 Section 2.1 of the Criminal Identification Act.
33 (12) Information or records may be disclosed to the
34 general public when the court is conducting hearings under
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1 Section 5-805 or 5-810.
2 (Source: P.A. 90-590, eff. 1-1-99.)
3 Section 10. The Criminal Code of 1961 is amended by
4 changing Section 6-1 as follows:
5 (720 ILCS 5/6-1) (from Ch. 38, par. 6-1)
6 Sec. 6-1. Infancy.
7 No person shall be convicted of any offense unless he or
8 she had attained his or her 12th 13th birthday at the time
9 the offense was committed.
10 (Source: Laws 1961, p. 1983.)