Illinois General Assembly - Full Text of SB1935
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Full Text of SB1935  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/26/2021, by Sen. Steve McClure


705 ILCS 405/5-130

    Amends the Juvenile Court Act of 1987. Provides that a minor who at the time of the offense was at least 16 years of age and who is charged with certain aggravated vehicular hijacking violations or certain armed robbery violations is not subject to the Act and shall be prosecuted under the criminal laws of the State.

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SB1935LRB102 04194 RLC 14211 b

1    AN ACT concerning courts.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing 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
95-120 of this Article shall not apply to any minor who at the
10time of an offense was at least 16 years of age and who is
11charged with: (i) first degree murder; , (ii) aggravated
12criminal sexual assault; , or (iii) aggravated battery with a
13firearm as described in Section 12-4.2 or subdivision (e)(1),
14(e)(2), (e)(3), or (e)(4) of Section 12-3.05 where the minor
15personally discharged a firearm as defined in Section 2-15.5
16of the Criminal Code of 1961 or the Criminal Code of 2012; (iv)
17aggravated vehicular hijacking under subdivision (a)(4),
18(a)(5), or (a)(6) of Section 18-4 of the Criminal Code of 2012;
19or (v) armed robbery under subdivision (a)(2), (a)(3), or
20(a)(4) of Section 18-2 of the Criminal Code of 2012.
21    These charges and all other charges arising out of the
22same incident shall be prosecuted under the criminal laws of
23this State.



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1    (b)(i) If before trial or plea an information or
2indictment is filed that does not charge an offense specified
3in paragraph (a) of this subsection (1) the State's Attorney
4may proceed on any lesser charge or charges, but only in
5Juvenile Court under the provisions of this Article. The
6State's Attorney may proceed on a lesser charge if before
7trial the minor defendant knowingly and with advice of counsel
8waives, in writing, his or her right to have the matter proceed
9in Juvenile Court.
10    (ii) If before trial or plea an information or indictment
11is filed that includes one or more charges specified in
12paragraph (a) of this subsection (1) and additional charges
13that are not specified in that paragraph, all of the charges
14arising out of the same incident shall be prosecuted under the
15Criminal Code of 1961 or the Criminal Code of 2012.
16    (c)(i) If after trial or plea the minor is convicted of any
17offense covered by paragraph (a) of this subsection (1), then,
18in sentencing the minor, the court shall sentence the minor
19under Section 5-4.5-105 of the Unified Code of Corrections.
20    (ii) If after trial or plea the court finds that the minor
21committed an offense not covered by paragraph (a) of this
22subsection (1), that finding shall not invalidate the verdict
23or the prosecution of the minor under the criminal laws of the
24State; however, unless the State requests a hearing for the
25purpose of sentencing the minor under Chapter V of the Unified
26Code of Corrections, the Court must proceed under Sections



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15-705 and 5-710 of this Article. To request a hearing, the
2State must file a written motion within 10 days following the
3entry of a finding or the return of a verdict. Reasonable
4notice of the motion shall be given to the minor or his or her
5counsel. If the motion is made by the State, the court shall
6conduct a hearing to determine if the minor should be
7sentenced under Chapter V of the Unified Code of Corrections.
8In making its determination, the court shall consider among
9other matters: (a) whether there is evidence that the offense
10was committed in an aggressive and premeditated manner; (b)
11the age of the minor; (c) the previous history of the minor;
12(d) whether there are facilities particularly available to the
13Juvenile Court or the Department of Juvenile Justice for the
14treatment and rehabilitation of the minor; (e) whether the
15security of the public requires sentencing under Chapter V of
16the Unified Code of Corrections; and (f) whether the minor
17possessed a deadly weapon when committing the offense. The
18rules of evidence shall be the same as if at trial. If after
19the hearing the court finds that the minor should be sentenced
20under Chapter V of the Unified Code of Corrections, then the
21court shall sentence the minor under Section 5-4.5-105 of the
22Unified Code of Corrections.
23    (2) (Blank).
24    (3) (Blank).
25    (4) (Blank).
26    (5) (Blank).



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1    (6) (Blank).
2    (7) The procedures set out in this Article for the
3investigation, arrest and prosecution of juvenile offenders
4shall not apply to minors who are excluded from jurisdiction
5of the Juvenile Court, except that minors under 18 years of age
6shall be kept separate from confined adults.
7    (8) Nothing in this Act prohibits or limits the
8prosecution of any minor for an offense committed on or after
9his or her 18th birthday even though he or she is at the time
10of the offense a ward of the court.
11    (9) If an original petition for adjudication of wardship
12alleges the commission by a minor 13 years of age or over of an
13act that constitutes a crime under the laws of this State, the
14minor, with the consent of his or her counsel, may, at any time
15before commencement of the adjudicatory hearing, file with the
16court a motion that criminal prosecution be ordered and that
17the petition be dismissed insofar as the act or acts involved
18in the criminal proceedings are concerned. If such a motion is
19filed as herein provided, the court shall enter its order
21    (10) If, prior to August 12, 2005 (the effective date of
22Public Act 94-574), a minor is charged with a violation of
23Section 401 of the Illinois Controlled Substances Act under
24the criminal laws of this State, other than a minor charged
25with a Class X felony violation of the Illinois Controlled
26Substances Act or the Methamphetamine Control and Community



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1Protection Act, any party including the minor or the court sua
2sponte may, before trial, move for a hearing for the purpose of
3trying and sentencing the minor as a delinquent minor. To
4request a hearing, the party must file a motion prior to trial.
5Reasonable notice of the motion shall be given to all parties.
6On its own motion or upon the filing of a motion by one of the
7parties including the minor, the court shall conduct a hearing
8to determine whether the minor should be tried and sentenced
9as a delinquent minor under this Article. In making its
10determination, the court shall consider among other matters:
11        (a) The age of the minor;
12        (b) Any previous delinquent or criminal history of the
13    minor;
14        (c) Any previous abuse or neglect history of the
15    minor;
16        (d) Any mental health or educational history of the
17    minor, or both; and
18        (e) Whether there is probable cause to support the
19    charge, whether the minor is charged through
20    accountability, and whether there is evidence the minor
21    possessed a deadly weapon or caused serious bodily harm
22    during the offense.
23    Any material that is relevant and reliable shall be
24admissible at the hearing. In all cases, the judge shall enter
25an order permitting prosecution under the criminal laws of
26Illinois unless the judge makes a finding based on a



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1preponderance of the evidence that the minor would be amenable
2to the care, treatment, and training programs available
3through the facilities of the juvenile court based on an
4evaluation of the factors listed in this subsection (10).
5    (11) The changes made to this Section by Public Act 98-61
6apply to a minor who has been arrested or taken into custody on
7or after January 1, 2014 (the effective date of Public Act
9(Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14;
1099-258, eff. 1-1-16.)