92nd General Assembly
Summary of HB4129
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House Sponsors:
MCKEON-CURRIE-JOHNSON-JONES,LOU-BROSNAHAN, DELGADO, 
   FLOWERS, YARBROUGH, SOTO AND JONES,SHIRLEY.

Senate Sponsors:
PETKA-RONEN-OBAMA-RADOGNO

Short description: 
JUV CT-DELINQUENCY                                                         

Synopsis of Bill as introduced:
        Amends the Juvenile Court Act of 1987. Provides that a minor  who      
   is  subject  to  automatic  prosecution  as  an adult may be tried and      
   sentenced as a delinquent minor upon motion of a party  or  the  court      
   and  a hearing conducted by the court. The court must consider certain      
   factors and determine, based on a preponderance of the evidence,  that      
   the  minor  would  be  amenable  to  the care, treatment, and training      
   programs available through the facilities of the juvenile court  based      
   on  an  evaluation  of  the specified factors. Provides that if, after      
   hearing the evidence, the court finds that the minor has  no  previous      
   delinquent  or  criminal  history  and  the  minor  is charged with an      
   offense  relating  to  the  illegal  manufacture  or  delivery  of   a      
   controlled substance, there is a rebuttable presumption that the minor      
   is a fit and proper subject to be dealt with as a delinquent minor.         
          FISCAL NOTE (Illinois Courts Administrative Office)                  
          HB 4129 would have minimal impact on the judicial branch.            
          JUDICIAL NOTE (Illinois Courts Administrative Office)                
          HB 4129 would neither increase nor decrease the number of            
          judges needed in the State.                                          
        HOUSE AMENDMENT NO. 1.                                                 
        Deletes everything. Reinserts the provisions of the bill with the      
   following changes: (1) eliminates provisions requiring that a minor at      
   least 15 years of age be prosecuted and tried as an adult for               
   controlled  substance offenses committed on school grounds, school          
   buses, or public housing property; (2) provides that  at  the  hearing      
   requesting  that a minor who is otherwise required to be prosecuted as      
   an adult be  prosecuted  as  a  delinquent  minor,  any  material  and      
   relevant  evidence  is admissible; and (3) eliminates the factor to be      
   considered at  the  hearing  that  there  are  resources  particularly      
   available  to  the  Juvenile  Court  or the Department of Corrections,      
   Juvenile Division, for treatment and rehabilitation of the minor.           
          FISCAL NOTE, H-AM 2 (Illinois State Police)                          
          If House Bill 4129 (H-am 2), were to become law, there would         
          be no fiscal impact to the Illinois State Police.                    
          JUDICIAL NOTE, H-AM 2 (Illinois Courts Administrative Office)        
          This legislation would neither increase nor decrease the number      
          of judges needed in the State.                                       
        HOUSE AMENDMENT NO. 2.                                                 
        Deletes everything. Reinserts the provisions of the bill as            
   amended with the following changes: (1) limits the provisions permit-       
   ting a minor at least 15 years of age otherwise subject to adult            
   prosecution to be tried and sentenced as a delinquent minor only to         
   cases in which the minor committed controlled substance offenses on         
   school grounds, school buses, or public housing property; (2) restores      
   provisions of the law requiring adult criminal prosecution of a minor       
   at least 15 years of age who committed a controlled substance viola-        
   tion on school grounds, school buses, or public housing property and        
   who is not tried and sentenced as a delinquent minor; and (3) elimi-        
   nates the factor to be considered at the hearing that there are             
   resources particularly available to the Juvenile Court or the Depart-       
   ment of Corrections, Juvenile Division, for treatment and rehabilita-       
   tion of the minor.                                                          
        HOUSE AMENDMENT NO. 3.                                                 
        Deletes everything. Reinserts the provisions of the bill as            
   amended with the following changes: limits the provisions permitting        
   a minor at least 15 years of age otherwise subject to adult prosecu-        
   tion to be tried and sentenced as a delinquent minor only to cases in       
   which the minor committed controlled substance offenses on school           
   grounds, school buses, or public housing property other than a Class X      
   felony violation of the Illinois Controlled Substances Act.                 
 
Last action on Bill: PUBLIC ACT.............................. 92-0665

   Last action date: JUL-16-2002

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   3     SENATE -   0


   END OF INQUIRY 
                                                                               



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