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92_HB2087eng HB2087 Engrossed LRB9205937RCcd 1 AN ACT in relation to minors. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Juvenile Court Act of 1987 is amended by 5 changing Section 5-130 as follows: 6 (705 ILCS 405/5-130) 7 Sec. 5-130. Excluded jurisdiction. 8 (1) (a) The definition of delinquent minor under Section 9 5-120 of this Article shall not apply to any minor who at the 10 time of an offense was at least 15 years of age and who is 11 charged with first degree murder, aggravated criminal sexual 12 assault, aggravated battery with a firearmcommitted in a13school, on the real property comprising a school, within141,000 feet of the real property comprising a school, at a15school related activity, or on, boarding, or departing from16any conveyance owned, leased, or contracted by a school or17school district to transport students to or from school or a18school related activity regardless of the time of day or time19of year that the offense was committed, armed robbery when 20 the armed robbery was committed with a firearm, or aggravated 21 vehicular hijacking when the hijacking was committed with a 22 firearm. This subsection (1) does not apply to a minor 23 charged with aggravated battery with a firearm based 24 exclusively upon the accountability provisions of Section 5-2 25 of the Criminal Code of 1961. 26 These charges and all other charges arising out of the 27 same incident shall be prosecuted under the criminal laws of 28 this State. 29 For purposes of this paragraph (a) of subsection (l): 30 "School" means a public or private elementary or 31 secondary school, community college, college, or university. HB2087 Engrossed -2- LRB9205937RCcd 1 "School related activity" means any sporting, social, 2 academic or other activity for which students' attendance or 3 participation is sponsored, organized, or funded in whole or 4 in part by a school or school district. 5 (b) (i) If before trial or plea an information or 6 indictment is filed that does not charge an offense specified 7 in paragraph (a) of this subsection (1) the State's Attorney 8 may proceed on any lesser charge or charges, but only in 9 Juvenile Court under the provisions of this Article. The 10 State's Attorney may proceed under the Criminal Code of 1961 11 on a lesser charge if before trial the minor defendant 12 knowingly and with advice of counsel waives, in writing, his 13 or her right to have the matter proceed in Juvenile Court. 14 (ii) If before trial or plea an information or 15 indictment is filed that includes one or more charges 16 specified in paragraph (a) of this subsection (1) and 17 additional charges that are not specified in that paragraph, 18 all of the charges arising out of the same incident shall be 19 prosecuted under the Criminal Code of 1961. 20 (c) (i) If after trial or plea the minor is convicted of 21 any offense covered by paragraph (a) of this subsection (1), 22 then, in sentencing the minor, the court shall have available 23 any or all dispositions prescribed for that offense under 24 Chapter V of the Unified Code of Corrections. 25 (ii) If after trial or plea the court finds that the 26 minor committed an offense not covered by paragraph (a) of 27 this subsection (1), that finding shall not invalidate the 28 verdict or the prosecution of the minor under the criminal 29 laws of the State; however, unless the State requests a 30 hearing for the purpose of sentencing the minor under Chapter 31 V of the Unified Code of Corrections, the Court must proceed 32 under Sections 5-705 and 5-710 of this Article. To request a 33 hearing, the State must file a written motion within 10 days 34 following the entry of a finding or the return of a verdict. HB2087 Engrossed -3- LRB9205937RCcd 1 Reasonable notice of the motion shall be given to the minor 2 or his or her counsel. If the motion is made by the State, 3 the court shall conduct a hearing to determine if the minor 4 should be sentenced under Chapter V of the Unified Code of 5 Corrections. In making its determination, the court shall 6 consider among other matters: (a) whether there is evidence 7 that the offense was committed in an aggressive and 8 premeditated manner; (b) the age of the minor; (c) the 9 previous history of the minor; (d) whether there are 10 facilities particularly available to the Juvenile Court or 11 the Department of Corrections, Juvenile Division, for the 12 treatment and rehabilitation of the minor; (e) whether the 13 security of the public requires sentencing under Chapter V of 14 the Unified Code of Corrections; and (f) whether the minor 15 possessed a deadly weapon when committing the offense. The 16 rules of evidence shall be the same as if at trial. If after 17 the hearing the court finds that the minor should be 18 sentenced under Chapter V of the Unified Code of Corrections, 19 then the court shall sentence the minor accordingly having 20 available to it any or all dispositions so prescribed. 21 (2) (a) The definition of a delinquent minor under 22 Section 5-120 of this Article shall not apply to any minor 23 who at the time of the offense was at least 15 years of age 24 and who is charged with an offense under Section 401 of the 25 Illinois Controlled Substances Act when that offense is 26 committed by delivering a controlled substance, or who is 27 charged with an offense under Section 401.1, Section 405, or 28 Section 405.1 of the Illinois Controlled Substances Act, 29 while in a school, regardless of the time of day or the time 30 of year, or any conveyance owned, leased or contracted by a 31 school to transport students to or from school or a school 32 related activity, or residential property owned, operated or 33 managed by a public housing agency or leased by a public 34 housing agency as part of a scattered site or mixed-income HB2087 Engrossed -4- LRB9205937RCcd 1 development, on the real property comprising any school, 2 regardless of the time of day or the time of year, or 3 residential property owned, operated or managed by a public 4 housing agency or leased by a public housing agency as part 5 of a scattered site or mixed-income development, or on a 6 public way within 1,000 feet of the real property comprising 7 any school, regardless of the time of day or the time of 8 year, or residential property owned, operated or managed by a 9 public housing agency or leased by a public housing agency as 10 part of a scattered site or mixed-income development. School 11 is defined, for the purposes of this Section, as any public 12 or private elementary or secondary school, community college, 13 college, or university. These charges and all other charges 14 arising out of the same incident shall be prosecuted under 15 the criminal laws of this State. 16 (b) (i) If before trial or plea an information or 17 indictment is filed that does not charge an offense specified 18 in paragraph (a) of this subsection (2) the State's Attorney 19 may proceed on any lesser charge or charges, but only in 20 Juvenile Court under the provisions of this Article. The 21 State's Attorney may proceed under the criminal laws of this 22 State on a lesser charge if before trial the minor defendant 23 knowingly and with advice of counsel waives, in writing, his 24 or her right to have the matter proceed in Juvenile Court. 25 (ii) If before trial or plea an information or 26 indictment is filed that includes one or more charges 27 specified in paragraph (a) of this subsection (2) and 28 additional charges that are not specified in that paragraph, 29 all of the charges arising out of the same incident shall be 30 prosecuted under the criminal laws of this State. 31 (c) (i) If after trial or plea the minor is convicted of 32 any offense covered by paragraph (a) of this subsection (2), 33 then, in sentencing the minor, the court shall have available 34 any or all dispositions prescribed for that offense under HB2087 Engrossed -5- LRB9205937RCcd 1 Chapter V of the Unified Code of Corrections. 2 (ii) If after trial or plea the court finds that the 3 minor committed an offense not covered by paragraph (a) of 4 this subsection (2), that finding shall not invalidate the 5 verdict or the prosecution of the minor under the criminal 6 laws of the State; however, unless the State requests a 7 hearing for the purpose of sentencing the minor under Chapter 8 V of the Unified Code of Corrections, the Court must proceed 9 under Sections 5-705 and 5-710 of this Article. To request a 10 hearing, the State must file a written motion within 10 days 11 following the entry of a finding or the return of a verdict. 12 Reasonable notice of the motion shall be given to the minor 13 or his or her counsel. If the motion is made by the State, 14 the court shall conduct a hearing to determine if the minor 15 should be sentenced under Chapter V of the Unified Code of 16 Corrections. In making its determination, the court shall 17 consider among other matters: (a) whether there is evidence 18 that the offense was committed in an aggressive and 19 premeditated manner; (b) the age of the minor; (c) the 20 previous history of the minor; (d) whether there are 21 facilities particularly available to the Juvenile Court or 22 the Department of Corrections, Juvenile Division, for the 23 treatment and rehabilitation of the minor; (e) whether the 24 security of the public requires sentencing under Chapter V of 25 the Unified Code of Corrections; and (f) whether the minor 26 possessed a deadly weapon when committing the offense. The 27 rules of evidence shall be the same as if at trial. If after 28 the hearing the court finds that the minor should be 29 sentenced under Chapter V of the Unified Code of Corrections, 30 then the court shall sentence the minor accordingly having 31 available to it any or all dispositions so prescribed. 32 (3) (a) The definition of delinquent minor under Section 33 5-120 of this Article shall not apply to any minor who at the 34 time of the offense was at least 15 years of age and who is HB2087 Engrossed -6- LRB9205937RCcd 1 charged with a violation of the provisions of paragraph (1), 2 (3), (4), or (10) of subsection (a) of Section 24-1 of the 3 Criminal Code of 1961 while in school, regardless of the time 4 of day or the time of year, or on the real property 5 comprising any school, regardless of the time of day or the 6 time of year. School is defined, for purposes of this Section 7 as any public or private elementary or secondary school, 8 community college, college, or university. These charges and 9 all other charges arising out of the same incident shall be 10 prosecuted under the criminal laws of this State. 11 (b) (i) If before trial or plea an information or 12 indictment is filed that does not charge an offense specified 13 in paragraph (a) of this subsection (3) the State's Attorney 14 may proceed on any lesser charge or charges, but only in 15 Juvenile Court under the provisions of this Article. The 16 State's Attorney may proceed under the criminal laws of this 17 State on a lesser charge if before trial the minor defendant 18 knowingly and with advice of counsel waives, in writing, his 19 or her right to have the matter proceed in Juvenile Court. 20 (ii) If before trial or plea an information or 21 indictment is filed that includes one or more charges 22 specified in paragraph (a) of this subsection (3) and 23 additional charges that are not specified in that paragraph, 24 all of the charges arising out of the same incident shall be 25 prosecuted under the criminal laws of this State. 26 (c) (i) If after trial or plea the minor is convicted of 27 any offense covered by paragraph (a) of this subsection (3), 28 then, in sentencing the minor, the court shall have available 29 any or all dispositions prescribed for that offense under 30 Chapter V of the Unified Code of Corrections. 31 (ii) If after trial or plea the court finds that the 32 minor committed an offense not covered by paragraph (a) of 33 this subsection (3), that finding shall not invalidate the 34 verdict or the prosecution of the minor under the criminal HB2087 Engrossed -7- LRB9205937RCcd 1 laws of the State; however, unless the State requests a 2 hearing for the purpose of sentencing the minor under Chapter 3 V of the Unified Code of Corrections, the Court must proceed 4 under Sections 5-705 and 5-710 of this Article. To request a 5 hearing, the State must file a written motion within 10 days 6 following the entry of a finding or the return of a verdict. 7 Reasonable notice of the motion shall be given to the minor 8 or his or her counsel. If the motion is made by the State, 9 the court shall conduct a hearing to determine if the minor 10 should be sentenced under Chapter V of the Unified Code of 11 Corrections. In making its determination, the court shall 12 consider among other matters: (a) whether there is evidence 13 that the offense was committed in an aggressive and 14 premeditated manner; (b) the age of the minor; (c) the 15 previous history of the minor; (d) whether there are 16 facilities particularly available to the Juvenile Court or 17 the Department of Corrections, Juvenile Division, for the 18 treatment and rehabilitation of the minor; (e) whether the 19 security of the public requires sentencing under Chapter V of 20 the Unified Code of Corrections; and (f) whether the minor 21 possessed a deadly weapon when committing the offense. The 22 rules of evidence shall be the same as if at trial. If after 23 the hearing the court finds that the minor should be 24 sentenced under Chapter V of the Unified Code of Corrections, 25 then the court shall sentence the minor accordingly having 26 available to it any or all dispositions so prescribed. 27 (4) (a) The definition of delinquent minor under Section 28 5-120 of this Article shall not apply to any minor who at the 29 time of an offense was at least 13 years of age and who is 30 charged with first degree murder committed during the course 31 of either aggravated criminal sexual assault, criminal sexual 32 assault, or aggravated kidnaping. However, this subsection 33 (4) does not include a minor charged with first degree murder 34 based exclusively upon the accountability provisions of the HB2087 Engrossed -8- LRB9205937RCcd 1 Criminal Code of 1961. 2 (b) (i) If before trial or plea an information or 3 indictment is filed that does not charge first degree murder 4 committed during the course of aggravated criminal sexual 5 assault, criminal sexual assault, or aggravated kidnaping, 6 the State's Attorney may proceed on any lesser charge or 7 charges, but only in Juvenile Court under the provisions of 8 this Article. The State's Attorney may proceed under the 9 criminal laws of this State on a lesser charge if before 10 trial the minor defendant knowingly and with advice of 11 counsel waives, in writing, his or her right to have the 12 matter proceed in Juvenile Court. 13 (ii) If before trial or plea an information or 14 indictment is filed that includes first degree murder 15 committed during the course of aggravated criminal sexual 16 assault, criminal sexual assault, or aggravated kidnaping, 17 and additional charges that are not specified in paragraph 18 (a) of this subsection, all of the charges arising out of the 19 same incident shall be prosecuted under the criminal laws of 20 this State. 21 (c) (i) If after trial or plea the minor is convicted of 22 first degree murder committed during the course of aggravated 23 criminal sexual assault, criminal sexual assault, or 24 aggravated kidnaping, in sentencing the minor, the court 25 shall have available any or all dispositions prescribed for 26 that offense under Chapter V of the Unified Code of 27 Corrections. 28 (ii) If the minor was not yet 15 years of age at the 29 time of the offense, and if after trial or plea the court 30 finds that the minor committed an offense other than first 31 degree murder committed during the course of either 32 aggravated criminal sexual assault, criminal sexual assault, 33 or aggravated kidnapping, the finding shall not invalidate 34 the verdict or the prosecution of the minor under the HB2087 Engrossed -9- LRB9205937RCcd 1 criminal laws of the State; however, unless the State 2 requests a hearing for the purpose of sentencing the minor 3 under Chapter V of the Unified Code of Corrections, the Court 4 must proceed under Sections 5-705 and 5-710 of this Article. 5 To request a hearing, the State must file a written motion 6 within 10 days following the entry of a finding or the return 7 of a verdict. Reasonable notice of the motion shall be given 8 to the minor or his or her counsel. If the motion is made by 9 the State, the court shall conduct a hearing to determine 10 whether the minor should be sentenced under Chapter V of the 11 Unified Code of Corrections. In making its determination, 12 the court shall consider among other matters: (a) whether 13 there is evidence that the offense was committed in an 14 aggressive and premeditated manner; (b) the age of the 15 minor; (c) the previous delinquent history of the minor; 16 (d) whether there are facilities particularly available to 17 the Juvenile Court or the Department of Corrections, Juvenile 18 Division, for the treatment and rehabilitation of the minor; 19 (e) whether the best interest of the minor and the security 20 of the public require sentencing under Chapter V of the 21 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 (5) (a) The definition of delinquent minor under Section 29 5-120 of this Article shall not apply to any minor who is 30 charged with a violation of subsection (a) of Section 31-6 or 31 Section 32-10 of the Criminal Code of 1961 when the minor is 32 subject to prosecution under the criminal laws of this State 33 as a result of the application of the provisions of Section 34 5-125, or subsection (1) or (2) of this Section. These HB2087 Engrossed -10- LRB9205937RCcd 1 charges and all other charges arising out of the same 2 incident shall be prosecuted under the criminal laws of this 3 State. 4 (b) (i) If before trial or plea an information or 5 indictment is filed that does not charge an offense specified 6 in paragraph (a) of this subsection (5), the State's Attorney 7 may proceed on any lesser charge or charges, but only in 8 Juvenile Court under the provisions of this Article. The 9 State's Attorney may proceed under the criminal laws of this 10 State on a lesser charge if before trial the minor defendant 11 knowingly and with advice of counsel waives, in writing, his 12 or her right to have the matter proceed in Juvenile Court. 13 (ii) If before trial or plea an information or 14 indictment is filed that includes one or more charges 15 specified in paragraph (a) of this subsection (5) and 16 additional charges that are not specified in that paragraph, 17 all of the charges arising out of the same incident shall be 18 prosecuted under the criminal laws of this State. 19 (c) (i) If after trial or plea the minor is convicted of 20 any offense covered by paragraph (a) of this subsection (5), 21 then, in sentencing the minor, the court shall have available 22 any or all dispositions prescribed for that offense under 23 Chapter V of the Unified Code of Corrections. 24 (ii) If after trial or plea the court finds that the 25 minor committed an offense not covered by paragraph (a) of 26 this subsection (5), the conviction shall not invalidate the 27 verdict or the prosecution of the minor under the criminal 28 laws of this State; however, unless the State requests a 29 hearing for the purpose of sentencing the minor under Chapter 30 V of the Unified Code of Corrections, the Court must proceed 31 under Sections 5-705 and 5-710 of this Article. To request a 32 hearing, the State must file a written motion within 10 days 33 following the entry of a finding or the return of a verdict. 34 Reasonable notice of the motion shall be given to the minor HB2087 Engrossed -11- LRB9205937RCcd 1 or his or her counsel. If the motion is made by the State, 2 the court shall conduct a hearing to determine if whether the 3 minor should be sentenced under Chapter V of the Unified Code 4 of Corrections. In making its determination, the court shall 5 consider among other matters: (a) whether there is evidence 6 that the offense was committed in an aggressive and 7 premeditated manner; (b) the age of the minor; (c) the 8 previous delinquent history of the minor; (d) whether there 9 are facilities particularly available to the Juvenile Court 10 or the Department of Corrections, Juvenile Division, for the 11 treatment and rehabilitation of the minor; (e) whether the 12 security of the public requires sentencing under Chapter V of 13 the Unified Code of Corrections; and (f) whether the minor 14 possessed a deadly weapon when committing the offense. The 15 rules of evidence shall be the same as if at trial. If after 16 the hearing the court finds that the minor should be 17 sentenced under Chapter V of the Unified Code of Corrections, 18 then the court shall sentence the minor accordingly having 19 available to it any or all dispositions so prescribed. 20 (6) The definition of delinquent minor under Section 21 5-120 of this Article shall not apply to any minor who, 22 pursuant to subsection (1), (2), or (3) or Section 5-805, or 23 5-810, has previously been placed under the jurisdiction of 24 the criminal court and has been convicted of a crime under an 25 adult criminal or penal statute. Such a minor shall be 26 subject to prosecution under the criminal laws of this State. 27 (7) The procedures set out in this Article for the 28 investigation, arrest and prosecution of juvenile offenders 29 shall not apply to minors who are excluded from jurisdiction 30 of the Juvenile Court, except that minors under 17 years of 31 age shall be kept separate from confined adults. 32 (8) Nothing in this Act prohibits or limits the 33 prosecution of any minor for an offense committed on or after 34 his or her 17th birthday even though he or she is at the time HB2087 Engrossed -12- LRB9205937RCcd 1 of the offense a ward of the court. 2 (9) If an original petition for adjudication of wardship 3 alleges the commission by a minor 13 years of age or over of 4 an act that constitutes a crime under the laws of this State, 5 the minor, with the consent of his or her counsel, may, at 6 any time before commencement of the adjudicatory hearing, 7 file with the court a motion that criminal prosecution be 8 ordered and that the petition be dismissed insofar as the act 9 or acts involved in the criminal proceedings are concerned. 10 If such a motion is filed as herein provided, the court shall 11 enter its order accordingly. 12 (Source: P.A. 90-590, eff. 1-1-99; 91-15, eff. 1-1-00; 13 91-673, eff. 12-22-99; revised 1-7-00.)