093_HB0416eng

HB0416 Engrossed                     LRB093 06576 MBS 06703 b

 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 Sections 5-130 and 5-407 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,  or aggravated battery with a firearm committed in a
13    school, on the real  property  comprising  a  school,  within
14    1,000  feet  of  the  real property comprising a school, at a
15    school related activity, or on, boarding, or  departing  from
16    any  conveyance  owned,  leased, or contracted by a school or
17    school district to transport students to or from school or  a
18    school related activity regardless of the time of day or time
19    of  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.
23        These  charges  and  all other charges arising out of the
24    same incident shall be prosecuted under the criminal laws  of
25    this State.
26        For purposes of this paragraph (a) of subsection (l):
27        "School"   means   a  public  or  private  elementary  or
28    secondary school, community college, college, or university.
29        "School related activity"  means  any  sporting,  social,
30    academic  or other activity for which students' attendance or
31    participation is sponsored, organized, or funded in whole  or
 
HB0416 Engrossed            -2-      LRB093 06576 MBS 06703 b
 1    in part by a school or school district.
 2        (b) (i)  If  before  trial  or  plea  an  information  or
 3    indictment is filed that does not charge an offense specified
 4    in  paragraph (a) of this subsection (1) the State's Attorney
 5    may proceed on any lesser charge  or  charges,  but  only  in
 6    Juvenile  Court  under  the  provisions of this Article.  The
 7    State's Attorney may proceed under the Criminal Code of  1961
 8    on  a  lesser  charge  if  before  trial  the minor defendant
 9    knowingly and with advice of counsel waives, in writing,  his
10    or her right to have the matter proceed in Juvenile Court.
11        (ii)  If   before   trial   or  plea  an  information  or
12    indictment  is  filed  that  includes  one  or  more  charges
13    specified  in  paragraph  (a)  of  this  subsection  (1)  and
14    additional charges that are not specified in that  paragraph,
15    all  of the charges arising out of the same incident shall be
16    prosecuted under the Criminal Code of 1961.
17        (c) (i)  If after trial or plea the minor is convicted of
18    any offense covered by paragraph (a) of this subsection  (1),
19    then, in sentencing the minor, the court shall have available
20    any  or  all  dispositions  prescribed for that offense under
21    Chapter V of the Unified Code of Corrections.
22        (ii)  If after trial or plea the  court  finds  that  the
23    minor  committed  an  offense not covered by paragraph (a) of
24    this subsection (1), that finding shall  not  invalidate  the
25    verdict  or  the  prosecution of the minor under the criminal
26    laws of the State;  however,  unless  the  State  requests  a
27    hearing for the purpose of sentencing the minor under Chapter
28    V  of the Unified Code of Corrections, the Court must proceed
29    under Sections 5-705 and 5-710 of this Article.  To request a
30    hearing, the State must file a written motion within 10  days
31    following  the entry of a finding or the return of a verdict.
32    Reasonable notice of the motion shall be given to  the  minor
33    or  his  or  her counsel. If the motion is made by the State,
34    the court shall conduct a hearing to determine if  the  minor
 
HB0416 Engrossed            -3-      LRB093 06576 MBS 06703 b
 1    should  be  sentenced  under Chapter V of the Unified Code of
 2    Corrections.  In making its determination,  the  court  shall
 3    consider  among  other matters: (a) whether there is evidence
 4    that  the  offense  was  committed  in  an   aggressive   and
 5    premeditated  manner;  (b)  the  age  of  the  minor; (c) the
 6    previous  history  of  the  minor;  (d)  whether  there   are
 7    facilities  particularly  available  to the Juvenile Court or
 8    the Department of Corrections,  Juvenile  Division,  for  the
 9    treatment  and  rehabilitation  of the minor; (e) whether the
10    security of the public requires sentencing under Chapter V of
11    the Unified Code of Corrections; and (f)  whether  the  minor
12    possessed  a  deadly weapon when committing the offense.  The
13    rules of evidence shall be the same as if at trial.  If after
14    the  hearing  the  court  finds  that  the  minor  should  be
15    sentenced under Chapter V of the Unified Code of Corrections,
16    then the court shall sentence the  minor  accordingly  having
17    available to it any or all dispositions so prescribed.
18        (2) (Blank).  (a)  The  definition  of a delinquent minor
19    under Section 5-120 of this Article shall not  apply  to  any
20    minor who at the time of the offense was at least 15 years of
21    age  and  who is charged with an offense under Section 401 of
22    the Illinois Controlled Substances Act, while  in  a  school,
23    regardless  of  the  time  of day or the time of year, or any
24    conveyance  owned,  leased  or  contracted  by  a  school  to
25    transport students to or from  school  or  a  school  related
26    activity,  or residential property owned, operated or managed
27    by a public housing agency or  leased  by  a  public  housing
28    agency   as   part   of  a  scattered  site  or  mixed-income
29    development, on the  real  property  comprising  any  school,
30    regardless  of  the  time  of  day  or  the  time of year, or
31    residential property owned, operated or managed by  a  public
32    housing  agency  or leased by a public housing agency as part
33    of a scattered site or  mixed-income  development,  or  on  a
34    public  way within 1,000 feet of the real property comprising
 
HB0416 Engrossed            -4-      LRB093 06576 MBS 06703 b
 1    any school, regardless of the time of  day  or  the  time  of
 2    year, or residential property owned, operated or managed by a
 3    public housing agency or leased by a public housing agency as
 4    part of a scattered site or mixed-income development.  School
 5    is  defined,  for the purposes of this Section, as any public
 6    or private elementary or secondary school, community college,
 7    college, or university.  These charges and all other  charges
 8    arising  out  of  the same incident shall be prosecuted under
 9    the criminal laws of this State.
10        (b) (i)  If  before  trial  or  plea  an  information  or
11    indictment is filed that does not charge an offense specified
12    in paragraph (a) of this subsection (2) the State's  Attorney
13    may  proceed  on  any  lesser  charge or charges, but only in
14    Juvenile Court under the provisions  of  this  Article.   The
15    State's  Attorney may proceed under the criminal laws of this
16    State on a lesser charge if before trial the minor  defendant
17    knowingly  and with advice of counsel waives, in writing, his
18    or her right to have the matter proceed in Juvenile Court.
19        (ii)  If  before  trial  or  plea   an   information   or
20    indictment  is  filed  that  includes  one  or  more  charges
21    specified  in  paragraph  (a)  of  this  subsection  (2)  and
22    additional  charges that are not specified in that paragraph,
23    all of the charges arising out of the same incident shall  be
24    prosecuted under the criminal laws of this State.
25        (c) (i)  If after trial or plea the minor is convicted of
26    any  offense covered by paragraph (a) of this subsection (2),
27    then, in sentencing the minor, the court shall have available
28    any or all dispositions prescribed  for  that  offense  under
29    Chapter V of the Unified Code of Corrections.
30        (ii)  If  after  trial  or  plea the court finds that the
31    minor committed an offense not covered by  paragraph  (a)  of
32    this  subsection  (2),  that finding shall not invalidate the
33    verdict or the prosecution of the minor  under  the  criminal
34    laws  of  the  State;   however,  unless the State requests a
 
HB0416 Engrossed            -5-      LRB093 06576 MBS 06703 b
 1    hearing for the purpose of sentencing the minor under Chapter
 2    V of the Unified Code of Corrections, the Court must  proceed
 3    under Sections 5-705 and 5-710 of this Article.  To request a
 4    hearing,  the State must file a written motion within 10 days
 5    following the entry of a finding or the return of a  verdict.
 6    Reasonable  notice  of the motion shall be given to the minor
 7    or his or her counsel.  If the motion is made by  the  State,
 8    the  court  shall conduct a hearing to determine if the minor
 9    should be sentenced under Chapter V of the  Unified  Code  of
10    Corrections.   In  making  its determination, the court shall
11    consider among other matters: (a) whether there  is  evidence
12    that   the   offense  was  committed  in  an  aggressive  and
13    premeditated manner; (b)  the  age  of  the  minor;  (c)  the
14    previous   history  of  the  minor;  (d)  whether  there  are
15    facilities particularly available to the  Juvenile  Court  or
16    the  Department  of  Corrections,  Juvenile Division, for the
17    treatment and rehabilitation of the minor;  (e)  whether  the
18    security of the public requires sentencing under Chapter V of
19    the  Unified  Code  of Corrections; and (f) whether the minor
20    possessed a deadly weapon when committing the  offense.   The
21    rules of evidence shall be the same as if at trial.  If after
22    the  hearing  the  court  finds  that  the  minor  should  be
23    sentenced under Chapter V of the Unified Code of Corrections,
24    then  the  court  shall sentence the minor accordingly having
25    available to it any or all dispositions so prescribed.
26        (3) (Blank).  (a)  The  definition  of  delinquent  minor
27    under Section 5-120 of this Article shall not  apply  to  any
28    minor who at the time of the offense was at least 15 years of
29    age  and who is charged with a violation of the provisions of
30    paragraph (1), (3), (4), or (10) of subsection (a) of Section
31    24-1 of the Criminal Code of 1961 while in school, regardless
32    of the time of day or the  time  of  year,  or  on  the  real
33    property comprising any school, regardless of the time of day
34    or the time of year.  School is defined, for purposes of this
 
HB0416 Engrossed            -6-      LRB093 06576 MBS 06703 b
 1    Section  as  any  public  or  private elementary or secondary
 2    school, community college,  college,  or  university.   These
 3    charges  and  all  other  charges  arising  out  of  the same
 4    incident shall be prosecuted under the criminal laws of  this
 5    State.
 6        (b) (i)  If  before  trial  or  plea  an  information  or
 7    indictment is filed that does not charge an offense specified
 8    in  paragraph (a) of this subsection (3) the State's Attorney
 9    may proceed on any lesser charge  or  charges,  but  only  in
10    Juvenile  Court  under  the  provisions of this Article.  The
11    State's Attorney may proceed under the criminal laws of  this
12    State  on a lesser charge if before trial the minor defendant
13    knowingly and with advice of counsel waives, in writing,  his
14    or her right to have the matter proceed in Juvenile Court.
15        (ii)  If   before   trial   or  plea  an  information  or
16    indictment  is  filed  that  includes  one  or  more  charges
17    specified  in  paragraph  (a)  of  this  subsection  (3)  and
18    additional charges that are not specified in that  paragraph,
19    all  of the charges arising out of the same incident shall be
20    prosecuted under the criminal laws of this State.
21        (c) (i)  If after trial or plea the minor is convicted of
22    any offense covered by paragraph (a) of this subsection  (3),
23    then, in sentencing the minor, the court shall have available
24    any  or  all  dispositions  prescribed for that offense under
25    Chapter V of the Unified Code of Corrections.
26        (ii)  If after trial or plea the  court  finds  that  the
27    minor  committed  an  offense not covered by paragraph (a) of
28    this subsection (3), that finding shall  not  invalidate  the
29    verdict  or  the  prosecution of the minor under the criminal
30    laws of the State;  however,  unless  the  State  requests  a
31    hearing for the purpose of sentencing the minor under Chapter
32    V  of the Unified Code of Corrections, the Court must proceed
33    under Sections 5-705 and 5-710 of this Article.  To request a
34    hearing, the State must file a written motion within 10  days
 
HB0416 Engrossed            -7-      LRB093 06576 MBS 06703 b
 1    following  the entry of a finding or the return of a verdict.
 2    Reasonable notice of the motion shall be given to  the  minor
 3    or  his  or her counsel.  If the motion is made by the State,
 4    the court shall conduct a hearing to determine if  the  minor
 5    should  be  sentenced  under Chapter V of the Unified Code of
 6    Corrections.  In making its determination,  the  court  shall
 7    consider  among  other matters: (a) whether there is evidence
 8    that  the  offense  was  committed  in  an   aggressive   and
 9    premeditated  manner;  (b)  the  age  of  the  minor; (c) the
10    previous  history  of  the  minor;  (d)  whether  there   are
11    facilities  particularly  available  to the Juvenile Court or
12    the Department of Corrections,  Juvenile  Division,  for  the
13    treatment  and  rehabilitation  of the minor; (e) whether the
14    security of the public requires sentencing under Chapter V of
15    the Unified Code of Corrections; and (f)  whether  the  minor
16    possessed  a  deadly weapon when committing the offense.  The
17    rules of evidence shall be the same as if at trial.  If after
18    the  hearing  the  court  finds  that  the  minor  should  be
19    sentenced under Chapter V of the Unified Code of Corrections,
20    then the court shall sentence the  minor  accordingly  having
21    available to it any or all dispositions so prescribed.
22        (4) (a)  The definition of delinquent minor under Section
23    5-120 of this Article shall not apply to any minor who at the
24    time  of  an  offense was at least 13 years of age and who is
25    charged with first degree murder committed during the  course
26    of either aggravated criminal sexual assault, criminal sexual
27    assault,  or  aggravated kidnaping.  However, this subsection
28    (4) does not include a minor charged with first degree murder
29    based exclusively upon the accountability provisions  of  the
30    Criminal Code of 1961.
31        (b) (i)  If  before  trial  or  plea  an  information  or
32    indictment  is filed that does not charge first degree murder
33    committed during the course  of  aggravated  criminal  sexual
34    assault,  criminal  sexual  assault, or aggravated kidnaping,
 
HB0416 Engrossed            -8-      LRB093 06576 MBS 06703 b
 1    the State's Attorney may proceed  on  any  lesser  charge  or
 2    charges,  but  only in Juvenile Court under the provisions of
 3    this Article.  The State's Attorney  may  proceed  under  the
 4    criminal  laws  of  this  State  on a lesser charge if before
 5    trial the  minor  defendant  knowingly  and  with  advice  of
 6    counsel  waives,  in  writing,  his  or her right to have the
 7    matter proceed in Juvenile Court.
 8        (ii)  If  before  trial  or  plea   an   information   or
 9    indictment   is  filed  that  includes  first  degree  murder
10    committed during the course  of  aggravated  criminal  sexual
11    assault,  criminal  sexual  assault, or aggravated kidnaping,
12    and additional charges that are not  specified  in  paragraph
13    (a) of this subsection, all of the charges arising out of the
14    same  incident shall be prosecuted under the criminal laws of
15    this State.
16        (c) (i)  If after trial or plea the minor is convicted of
17    first degree murder committed during the course of aggravated
18    criminal  sexual  assault,  criminal   sexual   assault,   or
19    aggravated  kidnaping,  in  sentencing  the  minor, the court
20    shall have available any or all dispositions  prescribed  for
21    that  offense  under  Chapter  V   of  the  Unified  Code  of
22    Corrections.
23        (ii)  If  the  minor  was  not yet 15 years of age at the
24    time of the offense, and if after trial  or  plea  the  court
25    finds  that  the  minor committed an offense other than first
26    degree  murder  committed  during  the   course   of   either
27    aggravated  criminal sexual assault, criminal sexual assault,
28    or aggravated kidnapping, the finding  shall  not  invalidate
29    the  verdict  or  the  prosecution  of  the  minor  under the
30    criminal  laws  of  the  State;  however,  unless  the  State
31    requests a hearing for the purpose of  sentencing  the  minor
32    under Chapter V of the Unified Code of Corrections, the Court
33    must  proceed under Sections 5-705 and 5-710 of this Article.
34    To request a hearing, the State must file  a  written  motion
 
HB0416 Engrossed            -9-      LRB093 06576 MBS 06703 b
 1    within 10 days following the entry of a finding or the return
 2    of a verdict.  Reasonable notice of the motion shall be given
 3    to the minor or his or her counsel.  If the motion is made by
 4    the  State,  the  court  shall conduct a hearing to determine
 5    whether the minor should be sentenced under Chapter V of  the
 6    Unified  Code  of  Corrections.  In making its determination,
 7    the court shall consider among other  matters:   (a)  whether
 8    there  is  evidence  that  the  offense  was  committed in an
 9    aggressive and premeditated  manner;   (b)  the  age  of  the
10    minor;   (c)  the  previous  delinquent history of the minor;
11    (d) whether there are facilities  particularly  available  to
12    the Juvenile Court or the Department of Corrections, Juvenile
13    Division,  for the treatment and rehabilitation of the minor;
14    (e) whether the best interest of the minor and  the  security
15    of  the  public  require  sentencing  under  Chapter V of the
16    Unified Code of  Corrections;   and  (f)  whether  the  minor
17    possessed  a  deadly weapon when committing the offense.  The
18    rules of evidence shall be the same as if at trial.  If after
19    the  hearing  the  court  finds  that  the  minor  should  be
20    sentenced under Chapter V of the Unified Code of Corrections,
21    then the court shall sentence the  minor  accordingly  having
22    available to it any or all dispositions so prescribed.
23        (5) (a)  The definition of delinquent minor under Section
24    5-120  of  this  Article  shall not apply to any minor who is
25    charged with a violation of subsection (a) of Section 31-6 or
26    Section 32-10 of the Criminal Code of 1961 when the minor  is
27    subject  to prosecution under the criminal laws of this State
28    as a result of the application of the provisions  of  Section
29    5-125,  or  subsection  (1)  or  (2)  of this Section.  These
30    charges and  all  other  charges  arising  out  of  the  same
31    incident  shall be prosecuted under the criminal laws of this
32    State.
33        (b) (i)  If  before  trial  or  plea  an  information  or
34    indictment is filed that does not charge an offense specified
 
HB0416 Engrossed            -10-     LRB093 06576 MBS 06703 b
 1    in paragraph (a) of this subsection (5), the State's Attorney
 2    may proceed on any lesser charge  or  charges,  but  only  in
 3    Juvenile  Court  under  the  provisions of this Article.  The
 4    State's Attorney may proceed under the criminal laws of  this
 5    State  on a lesser charge if before trial the minor defendant
 6    knowingly and with advice of counsel waives, in writing,  his
 7    or her right to have the matter proceed in Juvenile Court.
 8        (ii)  If   before   trial   or  plea  an  information  or
 9    indictment  is  filed  that  includes  one  or  more  charges
10    specified  in  paragraph  (a)  of  this  subsection  (5)  and
11    additional charges that are not specified in that  paragraph,
12    all  of the charges arising out of the same incident shall be
13    prosecuted under the criminal laws of this State.
14        (c) (i)  If after trial or plea the minor is convicted of
15    any offense covered by paragraph (a) of this subsection  (5),
16    then, in sentencing the minor, the court shall have available
17    any  or  all  dispositions  prescribed for that offense under
18    Chapter V  of the Unified Code of Corrections.
19        (ii)  If after trial or plea the  court  finds  that  the
20    minor  committed  an  offense not covered by paragraph (a) of
21    this subsection (5), the conviction shall not invalidate  the
22    verdict  or  the  prosecution of the minor under the criminal
23    laws of this State;  however, unless  the  State  requests  a
24    hearing for the purpose of sentencing the minor under Chapter
25    V  of the Unified Code of Corrections, the Court must proceed
26    under Sections 5-705 and 5-710 of this Article. To request  a
27    hearing,  the State must file a written motion within 10 days
28    following the entry of a finding or the return of a  verdict.
29    Reasonable  notice  of the motion shall be given to the minor
30    or his or her counsel.  If the motion is made by  the  State,
31    the court shall conduct a hearing to determine if whether the
32    minor should be sentenced under Chapter V of the Unified Code
33    of Corrections.  In making its determination, the court shall
34    consider  among  other matters: (a) whether there is evidence
 
HB0416 Engrossed            -11-     LRB093 06576 MBS 06703 b
 1    that  the  offense  was  committed  in  an   aggressive   and
 2    premeditated  manner;  (b)  the  age  of  the minor;  (c) the
 3    previous delinquent history of the minor; (d)  whether  there
 4    are  facilities  particularly available to the Juvenile Court
 5    or the Department of Corrections, Juvenile Division, for  the
 6    treatment  and  rehabilitation  of the minor; (e) whether the
 7    security of the public requires sentencing under Chapter V of
 8    the Unified Code of Corrections; and (f)  whether  the  minor
 9    possessed  a  deadly weapon when committing the offense.  The
10    rules of evidence shall be the same as if at trial.  If after
11    the  hearing  the  court  finds  that  the  minor  should  be
12    sentenced under Chapter V of the Unified Code of Corrections,
13    then the court shall sentence the  minor  accordingly  having
14    available to it any or all dispositions so prescribed.
15        (6)  The  definition  of  delinquent  minor under Section
16    5-120 of this Article shall  not  apply  to  any  minor  who,
17    pursuant  to subsection (1), (2), or (3) or Section 5-805, or
18    5-810, has previously been placed under the  jurisdiction  of
19    the criminal court and has been convicted of a crime under an
20    adult  criminal  or  penal  statute.  Such  a  minor shall be
21    subject to prosecution under the criminal laws of this State.
22        (7)  The procedures set  out  in  this  Article  for  the
23    investigation,  arrest  and prosecution of juvenile offenders
24    shall not apply to minors who are excluded from  jurisdiction
25    of  the  Juvenile Court, except that minors under 17 years of
26    age shall be kept separate from confined adults.
27        (8)  Nothing  in  this  Act  prohibits  or   limits   the
28    prosecution of any minor for an offense committed on or after
29    his or her 17th birthday even though he or she is at the time
30    of the offense a ward of the court.
31        (9)  If an original petition for adjudication of wardship
32    alleges  the commission by a minor 13 years of age or over of
33    an act that constitutes a crime under the laws of this State,
34    the minor, with the consent of his or her  counsel,  may,  at
 
HB0416 Engrossed            -12-     LRB093 06576 MBS 06703 b
 1    any  time  before  commencement  of the adjudicatory hearing,
 2    file with the court a motion  that  criminal  prosecution  be
 3    ordered and that the petition be dismissed insofar as the act
 4    or  acts  involved in the criminal proceedings are concerned.
 5    If such a motion is filed as herein provided, the court shall
 6    enter its order accordingly.
 7        (10)  (Blank). If a minor is subject to the provisions of
 8    subsection (2) of this Section, other than  a  minor  charged
 9    with  a  Class  X felony violation of the Illinois Controlled
10    Substances Act, any party including the minor  or  the  court
11    sua  sponte  may,  before  trial,  move for a hearing for the
12    purpose of trying and sentencing the minor  as  a  delinquent
13    minor.  To  request  a  hearing, the party must file a motion
14    prior to trial. Reasonable notice  of  the  motion  shall  be
15    given to all parties. On its own motion or upon the filing of
16    a motion by one of the parties including the minor, the court
17    shall conduct a hearing to determine whether the minor should
18    be  tried  and  sentenced  as  a  delinquent minor under this
19    Article.  In  making  its  determination,  the  court   shall
20    consider among other matters:
21        (a)  The age of the minor;
22        (b)  Any  previous  delinquent or criminal history of the
23    minor;
24        (c)  Any previous abuse or neglect history of the minor;
25        (d)  Any mental health  or  educational  history  of  the
26    minor, or both; and
27        (e)  Whether  there  is  probable  cause  to  support the
28    charge, whether the minor is charged through  accountability,
29    and  whether  there  is evidence the minor possessed a deadly
30    weapon or caused serious bodily harm during the offense.
31        Any material that  is  relevant  and  reliable  shall  be
32    admissible  at  the  hearing.   In all cases, the judge shall
33    enter an order permitting prosecution under the criminal laws
34    of Illinois unless the judge  makes  a  finding  based  on  a
 
HB0416 Engrossed            -13-     LRB093 06576 MBS 06703 b
 1    preponderance  of  the  evidence  that  the  minor  would  be
 2    amenable  to  the  care,  treatment,  and  training  programs
 3    available  through the facilities of the juvenile court based
 4    on an evaluation of the factors  listed  in  this  subsection
 5    (10).
 6    (Source:  P.A.  91-15,  eff.  1-1-00;  91-673, eff. 12-22-99;
 7    92-16, eff. 6-28-01; 92-665, eff. 1-1-03.)

 8        (705 ILCS 405/5-407)
 9        Sec. 5-407.  Processing of juvenile in  possession  of  a
10    firearm.
11        (a)  If   a  law  enforcement  officer  detains  a  minor
12    pursuant to Section 10-27.1A of the School Code, the  officer
13    shall  deliver  the minor to the nearest juvenile officer, in
14    the manner prescribed by subsection (2) of Section  5-405  of
15    this  Act.   The  juvenile  officer  shall  deliver the minor
16    without unnecessary delay  to  the  court  or  to  the  place
17    designated  by  rule  or  order of court for the reception of
18    minors.  In no event shall the  minor  be  eligible  for  any
19    other   disposition   by   the   juvenile   police   officer,
20    notwithstanding  the  provisions of subsection (3) of Section
21    5-405 of this Act.
22        (b)  Minors not excluded  from  this  Act's  jurisdiction
23    under subsection (3)(a) of Section 5-130 of this Act shall be
24    brought  before a judicial officer within 40 hours, exclusive
25    of Saturdays, Sundays, and court-designated holidays,  for  a
26    detention  hearing  to  determine  whether he or she shall be
27    further held in custody.  If the court finds  that  there  is
28    probable  cause  to  believe  that  the minor is a delinquent
29    minor by virtue of his  or  her  violation  of  item  (4)  of
30    subsection  (a)  of Section 24-1 of the Criminal Code of 1961
31    while  on  school  grounds,  that  finding  shall  create   a
32    presumption  that immediate and urgent necessity exists under
33    subdivision (2) of Section  5-501  of  this  Act.   Once  the
 
HB0416 Engrossed            -14-     LRB093 06576 MBS 06703 b
 1    presumption  of  immediate  and  urgent  necessity  has  been
 2    raised, the burden of demonstrating the lack of immediate and
 3    urgent  necessity  shall  be  on  any  party that is opposing
 4    detention for the minor.  Should the  court  order  detention
 5    pursuant  to  this  Section,  the  minor  shall  be detained,
 6    pending  the  results  of   a   court-ordered   psychological
 7    evaluation  to  determine  if the minor is a risk to himself,
 8    herself, or  others.    Upon  receipt  of  the  psychological
 9    evaluation,   the   court   shall  review  the  determination
10    regarding the existence of urgent  and  immediate  necessity.
11    The  court  shall  consider  the  psychological evaluation in
12    conjunction with the other factors identified in  subdivision
13    (2)  of  Section 5-501 of this Act in order to make a de novo
14    determination regarding whether it is a matter  of  immediate
15    and  urgent  necessity  for the protection of the minor or of
16    the person or property of another that the minor be  detained
17    or  placed  in  a  shelter care facility.  In addition to the
18    pre-trial conditions found in Section 5-505 of this Act,  the
19    court may order the minor to receive counseling and any other
20    services  recommended  by  the  psychological evaluation as a
21    condition for release of the minor.
22        (c)  Upon  making  a  determination  that   the   student
23    presents  a  risk  to  himself, herself, or others, the court
24    shall issue an order restraining the  student  from  entering
25    the property of the school if he or she has been suspended or
26    expelled from the school as a result of possessing a firearm.
27    The order shall restrain the student from entering the school
28    and school owned or leased property, including any conveyance
29    owned,  leased,  or  contracted  by  the  school to transport
30    students to or from school or a school-related activity.  The
31    order shall remain in effect until such  time  as  the  court
32    determines  that  the  student  no  longer presents a risk to
33    himself, herself, or others.
34        (d)  Psychological  evaluations   ordered   pursuant   to
 
HB0416 Engrossed            -15-     LRB093 06576 MBS 06703 b
 1    subsection  (b)  of  this  Section and statements made by the
 2    minor during the course of these evaluations,  shall  not  be
 3    admissible  on  the issue of delinquency during the course of
 4    any adjudicatory hearing held under this Act.
 5        (e)  In this Section:
 6        "School"  means  any  public  or  private  elementary  or
 7    secondary school.
 8        "School grounds" includes the  real  property  comprising
 9    any  school, any conveyance owned, leased, or contracted by a
10    school  to  transport  students  to  or  from  school  or   a
11    school-related  activity, or any public way within 1,000 feet
12    of the real property comprising any school.
13    (Source: P.A. 91-11, eff. 6-4-99.)

14        Section 99.  Effective date.  This Act takes effect  upon
15    becoming law.