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92nd General Assembly

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Public Act 92-0665

HB4129 Enrolled                                LRB9213222RCcd

    AN ACT in relation to minors

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Juvenile Court Act of 1987 is amended by
changing Section 5-130 as follows:

    (705 ILCS 405/5-130)
    Sec.  5-130.  Excluded jurisdiction.
    (1) (a)  The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time  of  an  offense was at least 15 years of age and who is
charged with first degree murder, aggravated criminal  sexual
assault,  aggravated  battery  with  a firearm committed in a
school, on the real  property  comprising  a  school,  within
1,000  feet  of  the  real property comprising a school, at a
school related activity, or on, boarding, or  departing  from
any  conveyance  owned,  leased, or contracted by a school or
school district to transport students to or from school or  a
school related activity regardless of the time of day or time
of  year  that  the offense was committed, armed robbery when
the armed robbery was committed with a firearm, or aggravated
vehicular hijacking when the hijacking was committed  with  a
firearm.
    These  charges  and  all other charges arising out of the
same incident shall be prosecuted under the criminal laws  of
this State.
    For purposes of this paragraph (a) of subsection (l):
    "School"   means   a  public  or  private  elementary  or
secondary school, community college, college, or university.
    "School related activity"  means  any  sporting,  social,
academic  or other activity for which students' attendance or
participation is sponsored, organized, or funded in whole  or
in part by a school or school district.
    (b) (i)  If  before  trial  or  plea  an  information  or
indictment is filed that does not charge an offense specified
in  paragraph (a) of this subsection (1) the State's Attorney
may proceed on any lesser charge  or  charges,  but  only  in
Juvenile  Court  under  the  provisions of this Article.  The
State's Attorney may proceed under the Criminal Code of  1961
on  a  lesser  charge  if  before  trial  the minor defendant
knowingly and with advice of counsel waives, in writing,  his
or her right to have the matter proceed in Juvenile Court.
    (ii)  If   before   trial   or  plea  an  information  or
indictment  is  filed  that  includes  one  or  more  charges
specified  in  paragraph  (a)  of  this  subsection  (1)  and
additional charges that are not specified in that  paragraph,
all  of the charges arising out of the same incident shall be
prosecuted under the Criminal Code of 1961.
    (c) (i)  If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection  (1),
then, in sentencing the minor, the court shall have available
any  or  all  dispositions  prescribed for that offense under
Chapter V of the Unified Code of Corrections.
    (ii)  If after trial or plea the  court  finds  that  the
minor  committed  an  offense not covered by paragraph (a) of
this subsection (1), that finding shall  not  invalidate  the
verdict  or  the  prosecution of the minor under the criminal
laws of the State;  however,  unless  the  State  requests  a
hearing for the purpose of sentencing the minor under Chapter
V  of the Unified Code of Corrections, the Court must proceed
under Sections 5-705 and 5-710 of this Article.  To request a
hearing, the State must file a written motion within 10  days
following  the entry of a finding or the return of a verdict.
Reasonable notice of the motion shall be given to  the  minor
or  his  or  her counsel. If the motion is made by the State,
the court shall conduct a hearing to determine if  the  minor
should  be  sentenced  under Chapter V of the Unified Code of
Corrections.  In making its determination,  the  court  shall
consider  among  other matters: (a) whether there is evidence
that  the  offense  was  committed  in  an   aggressive   and
premeditated  manner;  (b)  the  age  of  the  minor; (c) the
previous  history  of  the  minor;  (d)  whether  there   are
facilities  particularly  available  to the Juvenile Court or
the Department of Corrections,  Juvenile  Division,  for  the
treatment  and  rehabilitation  of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f)  whether  the  minor
possessed  a  deadly weapon when committing the offense.  The
rules of evidence shall be the same as if at trial.  If after
the  hearing  the  court  finds  that  the  minor  should  be
sentenced under Chapter V of the Unified Code of Corrections,
then the court shall sentence the  minor  accordingly  having
available to it any or all dispositions so prescribed.
    (2) (a)  The  definition  of  a  delinquent  minor  under
Section  5-120  of  this Article shall not apply to any minor
who at the time of the offense was at least 15 years  of  age
and  who  is charged with an offense under Section 401 of the
Illinois  Controlled  Substances  Act,  while  in  a  school,
regardless of the time of day or the time  of  year,  or  any
conveyance  owned,  leased  or  contracted  by  a  school  to
transport  students  to  or  from  school or a school related
activity, or residential property owned, operated or  managed
by  a  public  housing  agency  or leased by a public housing
agency  as  part  of  a  scattered   site   or   mixed-income
development,  on  the  real  property  comprising any school,
regardless of the time  of  day  or  the  time  of  year,  or
residential  property  owned, operated or managed by a public
housing agency or leased by a public housing agency  as  part
of  a  scattered  site  or  mixed-income development, or on a
public way within 1,000 feet of the real property  comprising
any  school,  regardless  of  the  time of day or the time of
year, or residential property owned, operated or managed by a
public housing agency or leased by a public housing agency as
part of a scattered site or mixed-income development.  School
is defined, for the purposes of this Section, as  any  public
or private elementary or secondary school, community college,
college,  or university.  These charges and all other charges
arising out of the same incident shall  be  prosecuted  under
the criminal laws of this State.
    (b) (i)  If  before  trial  or  plea  an  information  or
indictment is filed that does not charge an offense specified
in  paragraph (a) of this subsection (2) the State's Attorney
may proceed on any lesser charge  or  charges,  but  only  in
Juvenile  Court  under  the  provisions of this Article.  The
State's Attorney may proceed under the criminal laws of  this
State  on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing,  his
or her right to have the matter proceed in Juvenile Court.
    (ii)  If   before   trial   or  plea  an  information  or
indictment  is  filed  that  includes  one  or  more  charges
specified  in  paragraph  (a)  of  this  subsection  (2)  and
additional charges that are not specified in that  paragraph,
all  of the charges arising out of the same incident shall be
prosecuted under the criminal laws of this State.
    (c) (i)  If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection  (2),
then, in sentencing the minor, the court shall have available
any  or  all  dispositions  prescribed for that offense under
Chapter V of the Unified Code of Corrections.
    (ii)  If after trial or plea the  court  finds  that  the
minor  committed  an  offense not covered by paragraph (a) of
this subsection (2), that finding shall  not  invalidate  the
verdict  or  the  prosecution of the minor under the criminal
laws of the State;  however,  unless  the  State  requests  a
hearing for the purpose of sentencing the minor under Chapter
V  of the Unified Code of Corrections, the Court must proceed
under Sections 5-705 and 5-710 of this Article.  To request a
hearing, the State must file a written motion within 10  days
following  the entry of a finding or the return of a verdict.
Reasonable notice of the motion shall be given to  the  minor
or  his  or her counsel.  If the motion is made by the State,
the court shall conduct a hearing to determine if  the  minor
should  be  sentenced  under Chapter V of the Unified Code of
Corrections.  In making its determination,  the  court  shall
consider  among  other matters: (a) whether there is evidence
that  the  offense  was  committed  in  an   aggressive   and
premeditated  manner;  (b)  the  age  of  the  minor; (c) the
previous  history  of  the  minor;  (d)  whether  there   are
facilities  particularly  available  to the Juvenile Court or
the Department of Corrections,  Juvenile  Division,  for  the
treatment  and  rehabilitation  of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f)  whether  the  minor
possessed  a  deadly weapon when committing the offense.  The
rules of evidence shall be the same as if at trial.  If after
the  hearing  the  court  finds  that  the  minor  should  be
sentenced under Chapter V of the Unified Code of Corrections,
then the court shall sentence the  minor  accordingly  having
available to it any or all dispositions so prescribed.
    (3) (a)  The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time  of  the offense was at least 15 years of age and who is
charged with a violation of the provisions of paragraph  (1),
(3),  (4),  or  (10) of subsection (a) of Section 24-1 of the
Criminal Code of 1961 while in school, regardless of the time
of day  or  the  time  of  year,  or  on  the  real  property
comprising  any  school, regardless of the time of day or the
time of year.   School  is  defined,  for  purposes  of  this
Section  as  any  public  or  private elementary or secondary
school, community college,  college,  or  university.   These
charges  and  all  other  charges  arising  out  of  the same
incident shall be prosecuted under the criminal laws of  this
State.
    (b) (i)  If  before  trial  or  plea  an  information  or
indictment is filed that does not charge an offense specified
in  paragraph (a) of this subsection (3) the State's Attorney
may proceed on any lesser charge  or  charges,  but  only  in
Juvenile  Court  under  the  provisions of this Article.  The
State's Attorney may proceed under the criminal laws of  this
State  on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing,  his
or her right to have the matter proceed in Juvenile Court.
    (ii)  If   before   trial   or  plea  an  information  or
indictment  is  filed  that  includes  one  or  more  charges
specified  in  paragraph  (a)  of  this  subsection  (3)  and
additional charges that are not specified in that  paragraph,
all  of the charges arising out of the same incident shall be
prosecuted under the criminal laws of this State.
    (c) (i)  If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection  (3),
then, in sentencing the minor, the court shall have available
any  or  all  dispositions  prescribed for that offense under
Chapter V of the Unified Code of Corrections.
    (ii)  If after trial or plea the  court  finds  that  the
minor  committed  an  offense not covered by paragraph (a) of
this subsection (3), that finding shall  not  invalidate  the
verdict  or  the  prosecution of the minor under the criminal
laws of the State;  however,  unless  the  State  requests  a
hearing for the purpose of sentencing the minor under Chapter
V  of the Unified Code of Corrections, the Court must proceed
under Sections 5-705 and 5-710 of this Article.  To request a
hearing, the State must file a written motion within 10  days
following  the entry of a finding or the return of a verdict.
Reasonable notice of the motion shall be given to  the  minor
or  his  or her counsel.  If the motion is made by the State,
the court shall conduct a hearing to determine if  the  minor
should  be  sentenced  under Chapter V of the Unified Code of
Corrections.  In making its determination,  the  court  shall
consider  among  other matters: (a) whether there is evidence
that  the  offense  was  committed  in  an   aggressive   and
premeditated  manner;  (b)  the  age  of  the  minor; (c) the
previous  history  of  the  minor;  (d)  whether  there   are
facilities  particularly  available  to the Juvenile Court or
the Department of Corrections,  Juvenile  Division,  for  the
treatment  and  rehabilitation  of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f)  whether  the  minor
possessed  a  deadly weapon when committing the offense.  The
rules of evidence shall be the same as if at trial.  If after
the  hearing  the  court  finds  that  the  minor  should  be
sentenced under Chapter V of the Unified Code of Corrections,
then the court shall sentence the  minor  accordingly  having
available to it any or all dispositions so prescribed.
    (4) (a)  The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time  of  an  offense was at least 13 years of age and who is
charged with first degree murder committed during the  course
of either aggravated criminal sexual assault, criminal sexual
assault,  or  aggravated kidnaping.  However, this subsection
(4) does not include a minor charged with first degree murder
based exclusively upon the accountability provisions  of  the
Criminal Code of 1961.
    (b) (i)  If  before  trial  or  plea  an  information  or
indictment  is filed that does not charge first degree murder
committed during the course  of  aggravated  criminal  sexual
assault,  criminal  sexual  assault, or aggravated kidnaping,
the State's Attorney may proceed  on  any  lesser  charge  or
charges,  but  only in Juvenile Court under the provisions of
this Article.  The State's Attorney  may  proceed  under  the
criminal  laws  of  this  State  on a lesser charge if before
trial the  minor  defendant  knowingly  and  with  advice  of
counsel  waives,  in  writing,  his  or her right to have the
matter proceed in Juvenile Court.
    (ii)  If  before  trial  or  plea   an   information   or
indictment   is  filed  that  includes  first  degree  murder
committed during the course  of  aggravated  criminal  sexual
assault,  criminal  sexual  assault, or aggravated kidnaping,
and additional charges that are not  specified  in  paragraph
(a) of this subsection, all of the charges arising out of the
same  incident shall be prosecuted under the criminal laws of
this State.
    (c) (i)  If after trial or plea the minor is convicted of
first degree murder committed during the course of aggravated
criminal  sexual  assault,  criminal   sexual   assault,   or
aggravated  kidnaping,  in  sentencing  the  minor, the court
shall have available any or all dispositions  prescribed  for
that  offense  under  Chapter  V   of  the  Unified  Code  of
Corrections.
    (ii)  If  the  minor  was  not yet 15 years of age at the
time of the offense, and if after trial  or  plea  the  court
finds  that  the  minor committed an offense other than first
degree  murder  committed  during  the   course   of   either
aggravated  criminal sexual assault, criminal sexual assault,
or aggravated kidnapping, the finding  shall  not  invalidate
the  verdict  or  the  prosecution  of  the  minor  under the
criminal  laws  of  the  State;  however,  unless  the  State
requests a hearing for the purpose of  sentencing  the  minor
under Chapter V of the Unified Code of Corrections, the Court
must  proceed under Sections 5-705 and 5-710 of this Article.
To request a hearing, the State must file  a  written  motion
within 10 days following the entry of a finding or the return
of a verdict.  Reasonable notice of the motion shall be given
to the minor or his or her counsel.  If the motion is made by
the  State,  the  court  shall conduct a hearing to determine
whether the minor should be sentenced under Chapter V of  the
Unified  Code  of  Corrections.  In making its determination,
the court shall consider among other  matters:   (a)  whether
there  is  evidence  that  the  offense  was  committed in an
aggressive and premeditated  manner;   (b)  the  age  of  the
minor;   (c)  the  previous  delinquent history of the minor;
(d) whether there are facilities  particularly  available  to
the Juvenile Court or the Department of Corrections, Juvenile
Division,  for the treatment and rehabilitation of the minor;
(e) whether the best interest of the minor and  the  security
of  the  public  require  sentencing  under  Chapter V of the
Unified Code of  Corrections;   and  (f)  whether  the  minor
possessed  a  deadly weapon when committing the offense.  The
rules of evidence shall be the same as if at trial.  If after
the  hearing  the  court  finds  that  the  minor  should  be
sentenced under Chapter V of the Unified Code of Corrections,
then the court shall sentence the  minor  accordingly  having
available to it any or all dispositions so prescribed.
    (5) (a)  The definition of delinquent minor under Section
5-120  of  this  Article  shall not apply to any minor who is
charged with a violation of subsection (a) of Section 31-6 or
Section 32-10 of the Criminal Code of 1961 when the minor  is
subject  to prosecution under the criminal laws of this State
as a result of the application of the provisions  of  Section
5-125,  or  subsection  (1)  or  (2)  of this Section.  These
charges and  all  other  charges  arising  out  of  the  same
incident  shall be prosecuted under the criminal laws of this
State.
    (b) (i)  If  before  trial  or  plea  an  information  or
indictment is filed that does not charge an offense specified
in paragraph (a) of this subsection (5), the State's Attorney
may proceed on any lesser charge  or  charges,  but  only  in
Juvenile  Court  under  the  provisions of this Article.  The
State's Attorney may proceed under the criminal laws of  this
State  on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing,  his
or her right to have the matter proceed in Juvenile Court.
    (ii)  If   before   trial   or  plea  an  information  or
indictment  is  filed  that  includes  one  or  more  charges
specified  in  paragraph  (a)  of  this  subsection  (5)  and
additional charges that are not specified in that  paragraph,
all  of the charges arising out of the same incident shall be
prosecuted under the criminal laws of this State.
    (c) (i)  If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection  (5),
then, in sentencing the minor, the court shall have available
any  or  all  dispositions  prescribed for that offense under
Chapter V  of the Unified Code of Corrections.
    (ii)  If after trial or plea the  court  finds  that  the
minor  committed  an  offense not covered by paragraph (a) of
this subsection (5), the conviction shall not invalidate  the
verdict  or  the  prosecution of the minor under the criminal
laws of this State;  however, unless  the  State  requests  a
hearing for the purpose of sentencing the minor under Chapter
V  of the Unified Code of Corrections, the Court must proceed
under Sections 5-705 and 5-710 of this Article. To request  a
hearing,  the State must file a written motion within 10 days
following the entry of a finding or the return of a  verdict.
Reasonable  notice  of the motion shall be given to the minor
or his or her counsel.  If the motion is made by  the  State,
the court shall conduct a hearing to determine if whether the
minor should be sentenced under Chapter V of the Unified Code
of Corrections.  In making its determination, the court shall
consider  among  other matters: (a) whether there is evidence
that  the  offense  was  committed  in  an   aggressive   and
premeditated  manner;  (b)  the  age  of  the minor;  (c) the
previous delinquent history of the minor; (d)  whether  there
are  facilities  particularly available to the Juvenile Court
or the Department of Corrections, Juvenile Division, for  the
treatment  and  rehabilitation  of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f)  whether  the  minor
possessed  a  deadly weapon when committing the offense.  The
rules of evidence shall be the same as if at trial.  If after
the  hearing  the  court  finds  that  the  minor  should  be
sentenced under Chapter V of the Unified Code of Corrections,
then the court shall sentence the  minor  accordingly  having
available to it any or all dispositions so prescribed.
    (6)  The  definition  of  delinquent  minor under Section
5-120 of this Article shall  not  apply  to  any  minor  who,
pursuant  to subsection (1), (2), or (3) or Section 5-805, or
5-810, has previously been placed under the  jurisdiction  of
the criminal court and has been convicted of a crime under an
adult  criminal  or  penal  statute.  Such  a  minor shall be
subject to prosecution under the criminal laws of this State.
    (7)  The procedures set  out  in  this  Article  for  the
investigation,  arrest  and prosecution of juvenile offenders
shall not apply to minors who are excluded from  jurisdiction
of  the  Juvenile Court, except that minors under 17 years of
age shall be kept separate from confined adults.
    (8)  Nothing  in  this  Act  prohibits  or   limits   the
prosecution of any minor for an offense committed on or after
his or her 17th birthday even though he or she is at the time
of the offense a ward of the court.
    (9)  If an original petition for adjudication of wardship
alleges  the commission by a minor 13 years of age or over of
an act that constitutes a crime under the laws of this State,
the minor, with the consent of his or her  counsel,  may,  at
any  time  before  commencement  of the adjudicatory hearing,
file with the court a motion  that  criminal  prosecution  be
ordered and that the petition be dismissed insofar as the act
or  acts  involved in the criminal proceedings are concerned.
If such a motion is filed as herein provided, the court shall
enter its order accordingly.
    (10)  If  a  minor  is  subject  to  the  provisions   of
subsection  (2)  of  this Section, other than a minor charged
with a Class X felony violation of  the  Illinois  Controlled
Substances  Act,  any  party including the minor or the court
sua sponte may, before trial, move  for  a  hearing  for  the
purpose  of  trying  and sentencing the minor as a delinquent
minor. To request a hearing, the party  must  file  a  motion
prior  to  trial.  Reasonable  notice  of the motion shall be
given to all parties. On its own motion or upon the filing of
a motion by one of the parties including the minor, the court
shall conduct a hearing to determine whether the minor should
be tried and sentenced  as  a  delinquent  minor  under  this
Article.   In  making  its  determination,  the  court  shall
consider among other matters:
    (a)  The age of the minor;
    (b)  Any previous delinquent or criminal history  of  the
minor;
    (c)  Any previous abuse or neglect history of the minor;
    (d)  Any  mental  health  or  educational  history of the
minor, or both; and
    (e)  Whether there  is  probable  cause  to  support  the
charge,  whether the minor is charged through accountability,
and whether there is evidence the minor  possessed  a  deadly
weapon or caused serious bodily harm during the offense.
    Any  material  that  is  relevant  and  reliable shall be
admissible at the hearing.  In all  cases,  the  judge  shall
enter an order permitting prosecution under the criminal laws
of  Illinois  unless  the  judge  makes  a finding 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 factors listed in this subsection
(10).
(Source: P.A. 91-15,  eff.  1-1-00;  91-673,  eff.  12-22-99;
92-16, eff. 6-28-01.)
    Passed in the General Assembly May 08, 2002.
    Approved July 16, 2002.
    Effective January 01, 2003.

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