SB0458ham002 94TH GENERAL ASSEMBLY

Judiciary II - Criminal Law Committee

Filed: 5/1/2006

09400SB0458ham002 LRB094 09046 RLC 58668 a

AMENDMENT TO SENATE BILL 458

AMENDMENT NO. ______. Amend Senate Bill 458, AS AMENDED, in the introductory clause of Section 5, by replacing "Section 1-19" with "Sections 1-19 and 1-20"; and

by replacing all of Sec. 1-19 of Section 5 with the following:

"(705 ILCS 405/1-19 new)

Sec. 1-19. Applicability.

(1) Except as provided in Sections 5-125, 5-130, 5-805, and 5-810 of this Act, any minor 17 years of age who is charged with a misdemeanor or a petty or business offense on or after the effective date of this amendatory Act of the 94th General Assembly is subject to this Act.

(2) Except as provided in Sections 5-125, 5-130, 5-805, and 5-810 of this Act, any minor 17 years of age who is charged with a Class 3 or 4 felony on or after July 1, 2007 is subject to this Act.

(705 ILCS 405/1-20 new)

Sec. 1-20. Task Force.

(1) There is hereby created a Task Force on Raising the Delinquency Age consisting of 19 members as follows:

(a) one member of the Senate appointed by the President of the Senate;

(b) one member of the Senate appointed by the Minority Leader of the Senate;

(c) one member of the House of Representatives appointed by the Speaker of the House of Representatives;

(d) one member of the House of Representatives appointed by the Minority Leader of the House of Representatives;

(e) the Director of the Department of Juvenile Justice or his or her designee;

(f) one member appointed by the Illinois Supreme Court;

(g) one member representing State's Attorneys appointed by the President of the Senate;

(h) one member representing public defenders appointed by the Illinois Supreme Court;

(i) one member representing a statewide bar association appointed by the Speaker of the House of Representatives;

(j) one member appointed by the Administrative Office of the Illinois Courts;

(k) one member representing probation officers appointed by the Governor;

(l) one member of a county board appointed by the Governor;

(m) the President of the Cook County Board or his or her designee;

(n) the Cook County State's Attorney or his or her designee;

(o) the Cook County Public Defender or his or her designee;

(p) the Chair of the Illinois Juvenile Justice Commission or his or her designee; and

(q) 3 members appointed by the Governor.

(2) The members appointed by the Speaker of the House and the President of the Senate shall serve as co-chairs of the Task Force. Members shall serve without compensation.

(3) The Task Force shall meet at least 3 times to study the impact of increasing the age of juvenile court jurisdiction to include minors who are 17 years of age, particularly examining the fiscal impact, and shall make recommendations to the Governor and General Assembly by January 15, 2007."; and

in Sec. 5-120 of Section 5, by replacing "jurisdiction. Proceedings" with the following: "jurisdiction.

(1) Proceedings"; and

in Sec. 5-120 of Section 5, by inserting immediately below "criminal laws of this State." the following:

"(2) As of the effective date of this amendatory Act of the 94th General Assembly, proceedings may be instituted under the provisions of this Act concerning any minor 17 years of age charged with a misdemeanor or a petty or business offense. Except as provided in Sections 5-125, 5-130, 5-805, and 5-810 of this Article, and except for persons 17 years of age charged with any felony offense, as of the effective date of this amendatory Act of the 94th General Assembly, no minor who was under 18 years of age at the time of the alleged offense may be prosecuted under the criminal laws of this State.

(3) As of July 1, 2007, proceedings may be instituted under the provisions of this Act concerning any minor 17 years of age charged with a Class 3 or 4 felony. Except as provided in Sections 5-125, 5-130, 5-805 and 5-810 of this Article, and except for any minor 17 years of age charged with any felony offense other than a Class 3 or 4 felony, as of July 1, 2007 no minor who was under 18 years of age at the time of the alleged offense may be prosecuted under the criminal laws of this State.".