Full Text of HB3718 99th General Assembly
HB3718enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning courts.
| 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, 5-407, 5-805, and 5-810 and by adding | 6 | | Section 5-822 as follows:
| 7 | | (705 ILCS 405/5-130)
| 8 | | Sec. 5-130. Excluded jurisdiction.
| 9 | | (1)(a) The definition of delinquent minor under Section | 10 | | 5-120 of this
Article shall not apply to any minor who at the | 11 | | time of an offense was at
least 16 15 years of age and who is | 12 | | charged with: (i) first degree murder, (ii) aggravated
criminal | 13 | | sexual assault, or (iii) aggravated battery with a firearm as | 14 | | described in Section 12-4.2 or subdivision (e)(1), (e)(2), | 15 | | (e)(3), or (e)(4) of Section 12-3.05
where the minor personally | 16 | | discharged a firearm as defined in Section 2-15.5 of the | 17 | | Criminal Code of 1961 or the Criminal Code of 2012 , (iv) armed | 18 | | robbery when the
armed robbery was committed with a firearm, or | 19 | | (v)
aggravated vehicular hijacking
when the hijacking was | 20 | | committed with a firearm .
| 21 | | These charges and all other charges arising out of the same | 22 | | incident shall
be prosecuted under the criminal laws of this | 23 | | State.
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| 1 | | (b)(i) If before trial or plea an information or indictment | 2 | | is filed that
does not charge an offense specified in paragraph | 3 | | (a) of this subsection
(1) the State's Attorney may proceed on | 4 | | any lesser charge or charges, but
only in Juvenile Court under | 5 | | the provisions of this Article. The State's
Attorney may | 6 | | proceed on a lesser charge if
before trial the minor defendant | 7 | | knowingly and with advice of counsel waives,
in writing, his or | 8 | | her right to have the matter proceed in Juvenile Court.
| 9 | | (ii) If before trial or plea an information or indictment | 10 | | is filed that
includes one or more charges specified in | 11 | | paragraph (a) of this subsection
(1) and
additional charges | 12 | | that are not specified in that paragraph, all of the charges
| 13 | | arising out of the same incident shall be prosecuted under the | 14 | | Criminal Code of
1961 or the Criminal Code of 2012.
| 15 | | (c)(i) If after trial or plea the minor is convicted of any | 16 | | offense
covered by paragraph (a) of this subsection (1), then, | 17 | | in sentencing the minor,
the court shall sentence the minor | 18 | | under Section 5-4.5-105 of the Unified Code of Corrections have | 19 | | available any or all dispositions prescribed for that
offense | 20 | | under Chapter V of the Unified Code of Corrections .
| 21 | | (ii) If after trial or plea the court finds that the minor | 22 | | committed an
offense not covered by paragraph (a) of this | 23 | | subsection (1), that finding shall
not invalidate the verdict | 24 | | or the prosecution of the minor under the criminal
laws of the | 25 | | State; however, unless the State requests a hearing for the
| 26 | | purpose of sentencing the minor under Chapter V of the Unified |
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| 1 | | Code of
Corrections, the Court must proceed under Sections | 2 | | 5-705 and 5-710 of this
Article. To request a hearing, the | 3 | | State must file a written motion within 10
days following the | 4 | | entry of a finding or the return of a verdict. Reasonable
| 5 | | notice of the motion shall be given to the minor or his or her | 6 | | counsel.
If the motion is made by the State, the court shall | 7 | | conduct a hearing to
determine if the minor should be sentenced | 8 | | under Chapter V of the Unified Code
of Corrections. In making | 9 | | its determination, the court shall consider among
other | 10 | | matters: (a) whether there is
evidence that the offense was | 11 | | committed in an aggressive and premeditated
manner; (b) the age | 12 | | of the minor; (c) the previous history of the
minor; (d) | 13 | | whether there are facilities particularly available to the | 14 | | Juvenile
Court or the Department of Juvenile Justice for the | 15 | | treatment
and rehabilitation of the minor; (e) whether
the | 16 | | security of the public requires sentencing under Chapter V of | 17 | | the
Unified Code of Corrections; and (f) whether the minor | 18 | | possessed a deadly
weapon when committing the offense. The | 19 | | rules of evidence shall be the same as
if at trial. If after | 20 | | the hearing the court finds that the minor should be
sentenced | 21 | | under Chapter V of the Unified Code of Corrections, then the | 22 | | court
shall sentence the minor under Section 5-4.5-105 of the | 23 | | Unified Code of Corrections accordingly having available to it | 24 | | any or all
dispositions so prescribed .
| 25 | | (2) (Blank).
| 26 | | (3) (Blank). (a) The definition of delinquent minor under |
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| 1 | | Section
5-120 of this
Article shall not apply to any minor who | 2 | | at the time of the offense was at
least 15 years of age and who | 3 | | is charged with a violation of the provisions of
paragraph (1), | 4 | | (3), (4), or (10) of subsection (a) of Section 24-1 of the
| 5 | | Criminal Code of 1961 or the Criminal Code of 2012 while in | 6 | | school, regardless of the time of day or the
time of year, or | 7 | | on the real property comprising any school, regardless of the
| 8 | | time of day or the time of year. School is defined, for | 9 | | purposes of this
Section as any public or private elementary or | 10 | | secondary school, community
college, college, or university. | 11 | | These charges and all other charges arising
out of the same | 12 | | incident shall be prosecuted under the criminal laws of this
| 13 | | State.
| 14 | | (b)(i) If before trial or plea an information or indictment | 15 | | is filed that
does not charge an offense specified in paragraph | 16 | | (a) of this subsection (3)
the State's Attorney may proceed on | 17 | | any lesser charge or charges, but only in
Juvenile Court under | 18 | | the provisions of this Article. The State's Attorney may
| 19 | | proceed under the criminal laws of this State on a lesser | 20 | | charge if before
trial the minor defendant knowingly and with | 21 | | advice of counsel waives, in
writing, his or her right to have | 22 | | the matter proceed in Juvenile Court.
| 23 | | (ii) If before trial or plea an information or indictment | 24 | | is filed that
includes one or more charges specified in | 25 | | paragraph (a) of this subsection (3)
and additional charges | 26 | | that are not specified in that paragraph, all of the
charges |
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| 1 | | arising out of the same incident shall be prosecuted under the | 2 | | criminal
laws of this State.
| 3 | | (c)(i) If after trial or plea the minor is convicted of any | 4 | | offense
covered by paragraph (a) of this subsection (3), then, | 5 | | in sentencing the minor,
the court shall have available any or | 6 | | all dispositions prescribed for that
offense under Chapter V of | 7 | | the Unified Code of Corrections.
| 8 | | (ii) If after trial or plea the court finds that the minor | 9 | | committed an
offense not covered by paragraph (a) of this | 10 | | subsection (3), that finding shall
not invalidate the verdict | 11 | | or the prosecution of the minor under the criminal
laws of the | 12 | | State; however, unless the State requests a hearing for the
| 13 | | purpose of sentencing the minor under Chapter V of the Unified | 14 | | Code of
Corrections, the Court must proceed under Sections | 15 | | 5-705 and 5-710 of this
Article. To request a hearing, the | 16 | | State must file a written motion within 10
days following the | 17 | | entry of a finding or the return of a verdict. Reasonable
| 18 | | notice of the motion shall be given to the minor or his or her | 19 | | counsel. If the
motion is made by the State, the court shall | 20 | | conduct a hearing to determine if
the minor should be sentenced | 21 | | under Chapter V of the Unified Code of
Corrections. In making | 22 | | its determination, the court shall consider
among other | 23 | | matters: (a) whether there is
evidence that the offense was | 24 | | committed in an aggressive and premeditated
manner; (b) the age | 25 | | of the minor; (c) the previous history of the
minor; (d) | 26 | | whether there are facilities particularly available to the |
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| 1 | | Juvenile
Court or the Department of Juvenile Justice for the | 2 | | treatment
and rehabilitation of the minor; (e) whether
the | 3 | | security of the public requires sentencing under Chapter V of | 4 | | the
Unified Code of Corrections; and (f) whether the minor | 5 | | possessed a deadly
weapon when committing the offense. The | 6 | | rules of evidence shall be the same as
if at trial. If after | 7 | | the hearing the court finds that the minor should be
sentenced | 8 | | under Chapter V of the Unified Code of Corrections, then the | 9 | | court
shall sentence the minor accordingly having available to | 10 | | it any or all
dispositions so prescribed.
| 11 | | (4) (Blank). (a) The definition of delinquent minor under | 12 | | Section 5-120 of this
Article
shall not apply to any minor who | 13 | | at the time of an offense was at least 13
years of age and who | 14 | | is charged with first degree murder committed during the
course | 15 | | of either aggravated criminal sexual assault, criminal sexual | 16 | | assault,
or aggravated kidnaping. However, this subsection (4) | 17 | | does not include a minor
charged with first degree murder based | 18 | | exclusively upon the accountability
provisions of the Criminal | 19 | | Code of 1961 or the Criminal Code of 2012.
| 20 | | (b)(i) If before trial or plea an information or indictment | 21 | | is filed that
does not charge first degree murder committed | 22 | | during the course of aggravated
criminal sexual assault, | 23 | | criminal
sexual assault, or aggravated kidnaping, the State's | 24 | | Attorney may proceed on
any lesser charge or charges, but only | 25 | | in Juvenile Court under the provisions
of this Article. The | 26 | | State's Attorney may proceed under the criminal laws of
this |
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| 1 | | State
on a lesser charge if before trial the minor defendant | 2 | | knowingly and with
advice of counsel waives, in writing, his or | 3 | | her right to have the matter
proceed in Juvenile Court.
| 4 | | (ii) If before trial or plea an information or
indictment | 5 | | is filed that includes first degree murder committed during the
| 6 | | course of aggravated criminal sexual assault, criminal sexual | 7 | | assault, or
aggravated kidnaping, and additional charges that | 8 | | are not specified in
paragraph (a) of this subsection, all of | 9 | | the charges arising out of the same
incident shall be | 10 | | prosecuted under the criminal laws of this State.
| 11 | | (c)(i) If after trial or plea the minor is convicted of | 12 | | first degree
murder
committed during the course of aggravated | 13 | | criminal sexual assault, criminal
sexual assault, or | 14 | | aggravated kidnaping, in sentencing the minor, the court
shall | 15 | | have available any or all dispositions prescribed for that | 16 | | offense under
Chapter V of the Unified Code of Corrections.
| 17 | | (ii) If the minor was not yet 15
years of age at the time of | 18 | | the offense, and if after trial or plea the court
finds that | 19 | | the minor
committed an offense other than first degree murder | 20 | | committed during
the course of either aggravated criminal | 21 | | sexual assault, criminal sexual
assault, or aggravated | 22 | | kidnapping, the finding shall not invalidate the
verdict or the | 23 | | prosecution of the minor under the criminal laws of the State;
| 24 | | however, unless the State requests a hearing for the purpose of | 25 | | sentencing the
minor under
Chapter V of the Unified Code of | 26 | | Corrections, the Court must proceed under
Sections 5-705 and |
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| 1 | | 5-710 of this Article. To request a hearing, the State must
| 2 | | file a written motion within 10 days following the entry of a | 3 | | finding or the
return of a verdict. Reasonable notice of the | 4 | | motion shall be given to the
minor or his or her counsel. If | 5 | | the motion is made by the State, the court
shall conduct a | 6 | | hearing to determine whether the minor should be sentenced
| 7 | | under Chapter V of the
Unified Code of Corrections. In making | 8 | | its determination, the court shall
consider among other | 9 | | matters: (a) whether there is evidence that the offense
was | 10 | | committed in an
aggressive and premeditated manner; (b) the age | 11 | | of the minor; (c) the
previous delinquent history of the minor; | 12 | | (d) whether there are facilities
particularly available to the | 13 | | Juvenile Court or the Department of Juvenile Justice
for the | 14 | | treatment and rehabilitation of the minor; (e) whether the best
| 15 | | interest of the minor and the security of the public require | 16 | | sentencing under
Chapter V of the Unified Code of Corrections; | 17 | | and (f) whether the minor
possessed a deadly weapon when | 18 | | committing the offense. The rules of evidence
shall be the same | 19 | | as if at trial. If after the hearing the court finds that
the | 20 | | minor should be sentenced under Chapter V of the Unified Code | 21 | | of
Corrections, then the court shall sentence the minor | 22 | | accordingly having
available to it any or all dispositions so | 23 | | prescribed.
| 24 | | (5) (Blank). (a) The definition of delinquent minor under | 25 | | Section 5-120 of this
Article
shall not apply to any minor who | 26 | | is charged with a violation of subsection (a)
of Section 31-6 |
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| 1 | | or Section 32-10 of the Criminal Code of 1961 or the Criminal | 2 | | Code of 2012 when the minor is
subject to prosecution under the | 3 | | criminal laws of this State as a result of the
application of | 4 | | the provisions of Section 5-125, or subsection (1) or (2) of
| 5 | | this Section. These charges and all other charges arising out | 6 | | of the same
incident shall be prosecuted under the criminal | 7 | | laws of this State.
| 8 | | (b)(i) If before trial or plea an information or indictment | 9 | | is filed that
does not charge an offense specified in paragraph | 10 | | (a) of this subsection (5),
the State's Attorney may proceed on | 11 | | any lesser charge or charges, but only in
Juvenile Court under | 12 | | the provisions of this Article. The State's Attorney may
| 13 | | proceed under the criminal laws of this State on a lesser | 14 | | charge if before
trial the minor defendant knowingly and with | 15 | | advice of counsel waives, in
writing, his or her right to have | 16 | | the matter proceed in Juvenile Court.
| 17 | | (ii) If before trial
or plea an information or indictment | 18 | | is filed that includes one or more charges
specified in | 19 | | paragraph (a) of this subsection (5) and additional charges | 20 | | that
are not specified in that paragraph, all of
the charges | 21 | | arising out of the same incident shall be prosecuted under the
| 22 | | criminal laws of this State.
| 23 | | (c)(i) If after trial or plea the minor is convicted of any | 24 | | offense
covered
by paragraph (a) of this subsection (5), then, | 25 | | in sentencing the minor, the
court shall have available any or | 26 | | all dispositions prescribed for that offense
under Chapter V of |
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| 1 | | the Unified Code of Corrections.
| 2 | | (ii) If after trial or
plea the court finds that the minor | 3 | | committed an offense not covered by
paragraph (a) of
this | 4 | | subsection (5), the conviction shall not invalidate the verdict | 5 | | or the
prosecution of the minor under the criminal laws of this | 6 | | State; however,
unless the State requests a hearing for the
| 7 | | purpose of sentencing the minor under Chapter V of the Unified | 8 | | Code of
Corrections, the Court must proceed under Sections | 9 | | 5-705 and 5-710 of this
Article.
To request a hearing, the | 10 | | State must file a written motion within 10 days
following the | 11 | | entry of a finding or the return of a verdict. Reasonable | 12 | | notice
of the motion shall be given to the minor or his or her | 13 | | counsel. If the motion
is made by the State, the court shall | 14 | | conduct a hearing to determine if whether
the minor should be | 15 | | sentenced under Chapter V of the Unified Code of
Corrections. | 16 | | In making its determination, the court shall consider among | 17 | | other
matters: (a) whether there is evidence that the offense | 18 | | was committed in an
aggressive and premeditated manner; (b) the | 19 | | age of the minor; (c) the previous
delinquent history of the | 20 | | minor; (d) whether there are facilities particularly
available | 21 | | to the Juvenile Court or the Department of Juvenile Justice for | 22 | | the treatment and rehabilitation of the minor; (e) whether
the | 23 | | security of the public requires sentencing under Chapter V of | 24 | | the Unified
Code of Corrections; and (f) whether the minor | 25 | | possessed a deadly weapon when
committing the offense. The | 26 | | rules of evidence shall be the same as if at
trial. If after |
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| 1 | | the hearing the court finds that the minor should be sentenced
| 2 | | under Chapter V of the Unified Code of Corrections, then the | 3 | | court shall
sentence the minor accordingly having available to | 4 | | it any or all dispositions
so prescribed.
| 5 | | (6) (Blank). The definition of delinquent minor under | 6 | | Section 5-120 of this Article
shall not apply to any minor who, | 7 | | pursuant to subsection (1) or (3) or
Section 5-805 or 5-810, | 8 | | has previously been placed under the jurisdiction of
the | 9 | | criminal court and has been convicted of a crime under an adult | 10 | | criminal or
penal statute. Such a minor shall be subject to | 11 | | prosecution under the criminal
laws of this State.
| 12 | | (7) The procedures set out in this Article for the | 13 | | investigation, arrest and
prosecution of juvenile offenders | 14 | | shall not apply to minors who are excluded
from jurisdiction of | 15 | | the Juvenile Court, except that minors under 18 years of
age | 16 | | shall be kept separate from confined adults.
| 17 | | (8) Nothing in this Act prohibits or limits the prosecution | 18 | | of any
minor for an offense committed on or after his or her | 19 | | 18th birthday even though
he or she is at the time of the | 20 | | offense a ward of the court.
| 21 | | (9) If an original petition for adjudication of wardship | 22 | | alleges the
commission by a minor 13 years of age or
over of an | 23 | | act that constitutes a crime under the laws of this State,
the | 24 | | minor, with the consent of his or her counsel, may, at any time | 25 | | before
commencement of the adjudicatory hearing, file with the | 26 | | court a motion
that criminal prosecution be ordered and that |
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| 1 | | the petition be dismissed
insofar as the act or acts involved | 2 | | in the criminal proceedings are
concerned. If such a motion is | 3 | | filed as herein provided, the court shall
enter its order | 4 | | accordingly.
| 5 | | (10) If, prior to August 12, 2005 (the effective date of | 6 | | Public Act 94-574), a minor is charged with a violation of | 7 | | Section 401 of the Illinois Controlled Substances Act under the | 8 | | criminal laws of this State, other than a minor charged with a | 9 | | Class X felony violation of the
Illinois Controlled
Substances | 10 | | Act or the Methamphetamine Control and Community Protection | 11 | | Act, any party including the minor or the court sua sponte
may, | 12 | | before trial,
move for a hearing for the purpose of trying and | 13 | | sentencing the minor as
a delinquent minor. To request a | 14 | | hearing, the party must file a motion
prior to trial. | 15 | | Reasonable notice of the motion shall be given to all
parties. | 16 | | On its own motion or upon the filing of a motion by one of the
| 17 | | parties including the minor, the court shall conduct a hearing | 18 | | to
determine whether the minor should be tried and sentenced as | 19 | | a
delinquent minor under this Article. In making its | 20 | | determination, the
court shall 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
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| 1 | | (e) Whether there is probable cause to support the | 2 | | charge, whether
the minor is charged through | 3 | | accountability, and whether there is
evidence the minor | 4 | | possessed a deadly weapon or caused serious
bodily harm | 5 | | during the offense.
| 6 | | Any material that is relevant and reliable shall be | 7 | | admissible at the
hearing. In
all cases, the judge shall enter | 8 | | an order permitting prosecution
under the criminal laws of | 9 | | Illinois unless the judge makes a finding
based on a | 10 | | preponderance of the evidence that the minor would be
amenable | 11 | | to the care, treatment, and training programs available
through | 12 | | the facilities of the juvenile court based on an evaluation of
| 13 | | the factors listed in this subsection (10).
| 14 | | (11) The changes made to this Section by Public Act 98-61 | 15 | | apply to a minor who has been
arrested or taken into custody on | 16 | | or after January 1, 2014 (the effective date
of Public Act | 17 | | 98-61). | 18 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14; | 19 | | 98-756, eff. 7-16-14.)
| 20 | | (705 ILCS 405/5-407)
| 21 | | Sec. 5-407. Processing of juvenile in possession of a | 22 | | firearm.
| 23 | | (a) If a law enforcement officer detains a minor pursuant | 24 | | to Section
10-27.1A of the
School Code, the officer shall | 25 | | deliver the minor to the nearest juvenile
officer, in the |
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| 1 | | manner
prescribed by subsection (2) of Section 5-405 of this | 2 | | Act. The juvenile
officer shall deliver the
minor without | 3 | | unnecessary delay to the court or to the place designated by | 4 | | rule
or order of court
for the reception of minors. In no event | 5 | | shall the minor be eligible for any
other disposition by
the | 6 | | juvenile police officer, notwithstanding the provisions of | 7 | | subsection (3)
of Section 5-405 of
this Act.
| 8 | | (b) Minors not excluded from this Act's jurisdiction under | 9 | | subsection (3)(a)
of Section 5-130 of this Act shall be brought | 10 | | before a judicial officer within
40 hours,
exclusive of | 11 | | Saturdays,
Sundays, and court-designated holidays, for a | 12 | | detention hearing to determine
whether he or she
shall be | 13 | | further held in custody. If the court finds that there is | 14 | | probable
cause to believe that the
minor is a delinquent minor | 15 | | by virtue of his or her violation of item (4) of
subsection (a) | 16 | | of
Section 24-1 of the Criminal Code of 1961 or the Criminal | 17 | | Code of 2012
while on school grounds, that finding shall create | 18 | | a presumption that immediate
and urgent necessity exists under
| 19 | | subdivision (2) of Section 5-501 of this Act. Once the | 20 | | presumption of
immediate and urgent necessity has been raised, | 21 | | the burden of demonstrating the
lack of immediate and urgent | 22 | | necessity shall be on any party that is opposing
detention for | 23 | | the minor. Should the court order detention pursuant to this
| 24 | | Section, the minor
shall be detained, pending the results of a | 25 | | court-ordered
psychological
evaluation to determine if the | 26 | | minor is a risk to himself, herself, or others.
Upon receipt of |
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| 1 | | the
psychological evaluation, the court shall review the | 2 | | determination regarding
the existence of
urgent and immediate | 3 | | necessity. The court shall consider the psychological
| 4 | | evaluation in
conjunction with the other factors identified in | 5 | | subdivision (2) of Section
5-501 of this Act in
order to make a | 6 | | de novo determination regarding whether it is a matter of
| 7 | | immediate and urgent
necessity for the protection of the minor | 8 | | or of the person or property of
another that the minor be
| 9 | | detained or placed in a shelter care facility. In addition to | 10 | | the pre-trial
conditions found in
Section 5-505 of this Act, | 11 | | the court may order the minor to receive counseling
and any | 12 | | other
services recommended by the psychological evaluation as a | 13 | | condition for release
of the minor.
| 14 | | (c) Upon making a determination that the student presents a | 15 | | risk to himself,
herself, or
others, the court shall issue an | 16 | | order restraining the student from entering
the property of the
| 17 | | school if he or she has been suspended or expelled from the | 18 | | school as a result
of possessing a
firearm. The order shall | 19 | | restrain the student from entering the school and
school
owned | 20 | | or leased
property, including any conveyance owned, leased, or | 21 | | contracted by the school
to transport
students to or from | 22 | | school or a school-related activity. The order shall
remain in | 23 | | effect until such
time as the court determines that the student | 24 | | no longer presents a risk to
himself, herself, or
others.
| 25 | | (d) Psychological evaluations ordered pursuant to | 26 | | subsection (b) of this
Section and
statements made by the minor |
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| 1 | | during the course of these evaluations, shall not
be admissible | 2 | | on
the issue of delinquency during the course of any | 3 | | adjudicatory hearing held
under this Act.
| 4 | | (e) In this Section:
| 5 | | "School" means any public or
private
elementary or | 6 | | secondary school.
| 7 | | "School grounds" includes the real
property comprising
any | 8 | | school, any conveyance owned, leased, or contracted by a school | 9 | | to
transport students to or
from school or a school-related | 10 | | activity, or any public way within 1,000
feet of the real
| 11 | | property comprising any school.
| 12 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 13 | | (705 ILCS 405/5-805)
| 14 | | Sec. 5-805. Transfer of jurisdiction.
| 15 | | (1) (Blank). Mandatory transfers.
| 16 | | (a) If a petition alleges commission by a minor 15 | 17 | | years of age or older
of an act that constitutes a forcible | 18 | | felony under the laws of this State, and
if a motion by the | 19 | | State's Attorney to prosecute the minor under the criminal
| 20 | | laws of Illinois for the alleged forcible felony alleges | 21 | | that (i) the minor has
previously been adjudicated | 22 | | delinquent or found guilty for commission of an act
that | 23 | | constitutes a felony under the laws of this State or any | 24 | | other state and
(ii) the act that constitutes the offense | 25 | | was committed in furtherance of
criminal activity by an |
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| 1 | | organized gang, the Juvenile Judge assigned to hear and
| 2 | | determine those motions shall, upon determining that there | 3 | | is probable cause
that both allegations are true, enter an | 4 | | order permitting prosecution under the
criminal laws of | 5 | | Illinois.
| 6 | | (b) If a petition alleges commission by a minor 15 | 7 | | years of age or older
of an act that constitutes a felony | 8 | | under the laws of this State, and if a
motion by a State's | 9 | | Attorney to prosecute the minor under the criminal laws of
| 10 | | Illinois for the alleged felony alleges that (i) the minor | 11 | | has previously been
adjudicated delinquent or found guilty | 12 | | for commission of an act that
constitutes a forcible
felony | 13 | | under the laws of this State or any other state and (ii) | 14 | | the act that
constitutes the offense was committed in | 15 | | furtherance of criminal activities by
an organized gang, | 16 | | the Juvenile Judge assigned to hear and determine those
| 17 | | motions shall, upon determining that there is probable | 18 | | cause that both
allegations are true, enter an order | 19 | | permitting prosecution under the criminal
laws of | 20 | | Illinois.
| 21 | | (c) If a petition alleges commission by a minor 15 | 22 | | years of age or older
of: (i) an act that constitutes an | 23 | | offense enumerated in the presumptive
transfer provisions | 24 | | of subsection (2); and (ii) the minor has previously been
| 25 | | adjudicated delinquent or found guilty of a forcible | 26 | | felony, the Juvenile Judge
designated to hear and determine |
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| 1 | | those motions shall, upon determining that
there is | 2 | | probable cause that both allegations are true, enter an | 3 | | order
permitting prosecution under the criminal laws of | 4 | | Illinois.
| 5 | | (d) If a petition alleges commission by a minor 15 | 6 | | years of age or older
of an act that constitutes the | 7 | | offense of aggravated discharge of a firearm
committed in a | 8 | | school, on the real property comprising a school, within | 9 | | 1,000
feet of the real property comprising a school, at a | 10 | | school related activity, or
on, boarding, or departing from | 11 | | any conveyance owned, leased, or contracted by
a school or | 12 | | school district to transport students to or from school or | 13 | | a school
related activity, regardless of the time of day or | 14 | | the time of year, the
juvenile judge designated to hear and | 15 | | determine those motions shall, upon
determining that there | 16 | | is probable cause that the allegations are true, enter
an | 17 | | order permitting prosecution under the criminal laws of | 18 | | Illinois.
| 19 | | For purposes of this paragraph (d) of subsection (1):
| 20 | | "School" means a public or private
elementary or | 21 | | secondary school, community college, college, or | 22 | | university.
| 23 | | "School related activity" means any sporting, social, | 24 | | academic, or other
activity for which students' attendance | 25 | | or participation is sponsored,
organized, or funded in | 26 | | whole or in part by a school or school district.
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| 1 | | (2) Presumptive transfer.
| 2 | | (a) If the State's Attorney files a petition, at any | 3 | | time prior to
commencement of the minor's trial, to permit | 4 | | prosecution under the criminal
laws and the petition | 5 | | alleges a minor 15 years of age or older
of an act that | 6 | | constitutes a forcible felony under the laws of this State, | 7 | | and
if a motion by the State's Attorney to prosecute the | 8 | | minor under the criminal
laws of Illinois for the alleged | 9 | | forcible felony alleges that (i) the minor has
previously | 10 | | been adjudicated delinquent or found guilty for commission | 11 | | of an act
that constitutes a forcible felony under the laws | 12 | | of this State or any other state and
(ii) the act that | 13 | | constitutes the offense was committed in furtherance of
| 14 | | criminal activity by an organized gang, the commission by a | 15 | | minor 15 years of age or
older
of: (i) a Class X felony | 16 | | other than armed violence; (ii) aggravated discharge
of a | 17 | | firearm; (iii) armed violence with a firearm when the | 18 | | predicate offense
is a Class 1 or Class 2 felony and the | 19 | | State's Attorney's motion to transfer
the case alleges that | 20 | | the offense committed is in furtherance of the criminal
| 21 | | activities of an organized gang; (iv) armed violence with a | 22 | | firearm when the
predicate offense is a violation of the | 23 | | Illinois Controlled Substances Act, a violation of the | 24 | | Cannabis Control Act, or a violation of the Methamphetamine | 25 | | Control and Community Protection Act; (v) armed violence | 26 | | when the
weapon involved was a machine gun or other weapon |
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| 1 | | described in subsection
(a)(7) of Section 24-1 of the | 2 | | Criminal Code of 1961 or the Criminal Code of 2012; (vi) an | 3 | | act in violation of Section 401 of the Illinois Controlled | 4 | | Substances Act which is a Class X felony, while in a | 5 | | school, regardless of the time of day or the time of year, | 6 | | or on any conveyance owned, leased, or contracted by a | 7 | | school to transport students to or from school or a school | 8 | | related activity, or on residential property owned, | 9 | | operated, or managed by a public housing agency or leased | 10 | | by a public housing agency as part of a scattered site or | 11 | | mixed-income development; or (vii) an act in violation of | 12 | | Section 401 of the Illinois Controlled Substances Act and | 13 | | the offense is alleged to have occurred while in a school | 14 | | or on a public way within 1,000 feet of the real property | 15 | | comprising any school, regardless of the time of day or the | 16 | | time of year when the delivery or intended delivery of any | 17 | | amount of the controlled substance is to a person under 17 | 18 | | years of age, (to qualify for a presumptive transfer under | 19 | | paragraph (vi) or (vii) of this clause (2)(a), the | 20 | | violation cannot be based upon subsection (b) of Section | 21 | | 407 of the Illinois Controlled Substances Act) and, if the | 22 | | juvenile judge
assigned to hear and determine motions to | 23 | | transfer a case for prosecution in
the criminal court | 24 | | determines that there is probable cause to believe that the
| 25 | | allegations in the petition and motion are true, there is a | 26 | | rebuttable
presumption that the minor is not a fit and |
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| 1 | | proper subject to be dealt with
under the Juvenile Justice | 2 | | Reform Provisions of 1998 (Public Act 90-590),
and that, | 3 | | except as provided in paragraph (b), the case should be | 4 | | transferred
to the criminal court.
| 5 | | (b) The judge shall enter an order permitting | 6 | | prosecution under the
criminal laws of Illinois unless the | 7 | | judge makes a finding based on clear and
convincing | 8 | | evidence that the minor would be amenable to the care, | 9 | | treatment,
and training programs available through the | 10 | | facilities of the juvenile court
based on an evaluation of | 11 | | the following:
| 12 | | (i) the age of the minor;
| 13 | | (ii) the history of the minor, including:
| 14 | | (A) any previous delinquent or criminal | 15 | | history of the minor, | 16 | | (B) any previous abuse or neglect history of | 17 | | the minor, and
| 18 | | (C) any mental health, physical or educational | 19 | | history of the minor or combination of these | 20 | | factors;
| 21 | | (iii) the circumstances of the offense, including:
| 22 | | (A) the seriousness of the offense,
| 23 | | (B) whether the minor is charged through | 24 | | accountability,
| 25 | | (C) whether there is evidence the offense was | 26 | | committed in an aggressive and premeditated |
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| 1 | | manner,
| 2 | | (D) whether there is evidence the offense | 3 | | caused serious bodily harm,
| 4 | | (E) whether there is evidence the minor | 5 | | possessed a deadly weapon;
| 6 | | (iv) the advantages of treatment within the | 7 | | juvenile justice system including whether there are | 8 | | facilities or programs, or both, particularly | 9 | | available in the juvenile system;
| 10 | | (v) whether the security of the public requires | 11 | | sentencing under Chapter V of the Unified Code of | 12 | | Corrections:
| 13 | | (A) the minor's history of services, including | 14 | | the minor's willingness to participate | 15 | | meaningfully in available services;
| 16 | | (B) whether there is a reasonable likelihood | 17 | | that the minor can be rehabilitated before the | 18 | | expiration of the juvenile court's jurisdiction;
| 19 | | (C) the adequacy of the punishment or | 20 | | services.
| 21 | | In considering these factors, the court shall give | 22 | | greater
weight to the seriousness of the alleged offense | 23 | | and the minor's prior record
of delinquency than to the | 24 | | other factors listed in this subsection.
| 25 | | For purposes of clauses (2)(a)(vi) and (vii): | 26 | | "School" means a public or private elementary or secondary |
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| 1 | | school, community college, college, or university. | 2 | | "School related activity" means any sporting, social, | 3 | | academic, or other activity for which students' attendance or | 4 | | participation is sponsored, organized, or funded in whole or in | 5 | | part by a school or school district.
| 6 | | (3) Discretionary transfer.
| 7 | | (a) If a petition alleges commission by a minor 13 | 8 | | years of age or over of
an act that constitutes a crime | 9 | | under the laws of this State and, on motion of
the State's | 10 | | Attorney to permit prosecution of the minor under the | 11 | | criminal
laws, a Juvenile Judge assigned by the Chief Judge | 12 | | of the Circuit to hear and
determine those motions, after | 13 | | hearing but before commencement of the
trial, finds that | 14 | | there is probable cause to believe that the
allegations in | 15 | | the motion are true and that it is not in the best | 16 | | interests
of the public to proceed under this Act, the | 17 | | court may enter an
order permitting prosecution under the | 18 | | criminal laws.
| 19 | | (b) In making its determination on the motion to permit | 20 | | prosecution under
the criminal laws, the court shall | 21 | | consider among other matters:
| 22 | | (i) the age of the minor;
| 23 | | (ii) the history of the minor, including:
| 24 | | (A) any previous delinquent or criminal | 25 | | history of the minor,
| 26 | | (B) any previous abuse or neglect history of |
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| 1 | | the minor, and
| 2 | | (C) any mental health, physical, or | 3 | | educational history of the minor or combination of | 4 | | these factors;
| 5 | | (iii) the circumstances of the offense, including:
| 6 | | (A) the seriousness of the offense,
| 7 | | (B) whether the minor is charged through | 8 | | accountability,
| 9 | | (C) whether there is evidence the offense was | 10 | | committed in an aggressive and premeditated | 11 | | manner,
| 12 | | (D) whether there is evidence the offense | 13 | | caused serious bodily harm,
| 14 | | (E) whether there is evidence the minor | 15 | | possessed a deadly weapon;
| 16 | | (iv) the advantages of treatment within the | 17 | | juvenile justice system including whether there are | 18 | | facilities or programs, or both, particularly | 19 | | available in the juvenile system;
| 20 | | (v) whether the security of the public requires | 21 | | sentencing under Chapter V of the Unified Code of | 22 | | Corrections:
| 23 | | (A) the minor's history of services, including | 24 | | the minor's willingness to participate | 25 | | meaningfully in available services;
| 26 | | (B) whether there is a reasonable likelihood |
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| 1 | | that the minor can be rehabilitated before the | 2 | | expiration of the juvenile court's jurisdiction;
| 3 | | (C) the adequacy of the punishment or | 4 | | services.
| 5 | | In considering these factors, the court shall give | 6 | | greater
weight to the seriousness of the alleged offense , | 7 | | and the minor's prior record
of delinquency than to the | 8 | | other factors listed in this subsection.
| 9 | | (4) The rules of evidence for this hearing shall be the | 10 | | same as under
Section 5-705 of this Act. A minor must be | 11 | | represented in court by counsel
before the hearing may be | 12 | | commenced.
| 13 | | (5) If criminal proceedings are instituted, the petition | 14 | | for adjudication
of wardship shall be dismissed insofar as the | 15 | | act or acts involved in the
criminal proceedings. Taking of | 16 | | evidence in a trial on petition for
adjudication of wardship is | 17 | | a bar to criminal proceedings based upon the
conduct alleged in | 18 | | the petition.
| 19 | | (6) When criminal prosecution is permitted under this | 20 | | Section and a finding of guilt is entered, the criminal court | 21 | | shall sentence the minor under Section 5-4.5-105 of the Unified | 22 | | Code of Corrections. | 23 | | (7) The changes made to this Section by this amendatory Act | 24 | | of the 99th General Assembly apply to a minor who has been | 25 | | taken into custody on or after the effective date of this | 26 | | amendatory Act of the 99th General Assembly. |
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| 1 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 2 | | (705 ILCS 405/5-810)
| 3 | | Sec. 5-810. Extended jurisdiction juvenile prosecutions.
| 4 | | (1) (a) If the State's Attorney files a petition, at any | 5 | | time prior to
commencement of the
minor's trial, to designate | 6 | | the proceeding as an extended jurisdiction juvenile
| 7 | | prosecution and the petition alleges the commission by a minor | 8 | | 13 years of age
or
older of any offense which would be a felony | 9 | | if committed by an adult, and, if
the
juvenile judge
assigned | 10 | | to hear and determine petitions to designate the proceeding as | 11 | | an
extended jurisdiction juvenile prosecution determines that | 12 | | there is probable
cause to believe that the allegations in the | 13 | | petition and motion are true,
there is a rebuttable presumption | 14 | | that the proceeding shall be designated as an
extended | 15 | | jurisdiction juvenile proceeding.
| 16 | | (b) The judge shall enter an order designating the | 17 | | proceeding as an
extended jurisdiction juvenile proceeding | 18 | | unless the judge makes a finding
based on clear and convincing | 19 | | evidence that sentencing under the Chapter V of
the Unified | 20 | | Code of Corrections would not be appropriate for the minor | 21 | | based on
an evaluation of the
following factors:
| 22 | | (i) the age of the minor;
| 23 | | (ii) the history of the minor, including:
| 24 | | (A) any previous delinquent or criminal history of | 25 | | the minor,
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| 1 | | (B) any previous abuse or neglect history of the | 2 | | minor, and
| 3 | | (C) any mental health, physical and/or educational | 4 | | history of the minor;
| 5 | | (iii) the circumstances of the offense, including:
| 6 | | (A) the seriousness of the offense,
| 7 | | (B) whether the minor is charged through | 8 | | accountability,
| 9 | | (C) whether there is evidence the offense was | 10 | | committed in an aggressive and premeditated manner,
| 11 | | (D) whether there is evidence the offense caused | 12 | | serious bodily harm,
| 13 | | (E) whether there is evidence the minor possessed a | 14 | | deadly weapon;
| 15 | | (iv) the advantages of treatment within the juvenile | 16 | | justice system including whether there are facilities or | 17 | | programs, or both, particularly available in the juvenile | 18 | | system;
| 19 | | (v) whether the security of the public requires | 20 | | sentencing under Chapter V of the Unified Code of | 21 | | Corrections:
| 22 | | (A) the minor's history of services, including the | 23 | | minor's willingness to participate meaningfully in | 24 | | available services;
| 25 | | (B) whether there is a reasonable likelihood that | 26 | | the minor can be rehabilitated before the expiration of |
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| 1 | | the juvenile court's jurisdiction;
| 2 | | (C) the adequacy of the punishment or services.
| 3 | | In considering these factors, the court shall give greater | 4 | | weight to the
seriousness of the alleged offense , and the | 5 | | minor's prior record of delinquency
than to other factors | 6 | | listed in this subsection.
| 7 | | (2) Procedures for extended
jurisdiction juvenile | 8 | | prosecutions.
The State's Attorney may file a written motion | 9 | | for a proceeding to be
designated as an extended juvenile | 10 | | jurisdiction prior to
commencement of trial. Notice of the | 11 | | motion shall be in
compliance with
Section 5-530. When the | 12 | | State's Attorney files a written motion that a
proceeding be | 13 | | designated an extended jurisdiction juvenile prosecution, the
| 14 | | court shall commence a hearing within 30 days of the filing of | 15 | | the motion for
designation, unless good cause is shown by the | 16 | | prosecution or the minor as to
why the hearing could not be | 17 | | held within this time period. If the court finds
good cause has | 18 | | been demonstrated, then the hearing shall be held within 60 | 19 | | days
of the filing of the motion. The hearings shall be open to | 20 | | the public unless
the judge finds that the hearing should be | 21 | | closed for the protection of any
party, victim or witness. If | 22 | | the Juvenile Judge
assigned to hear and determine a motion to | 23 | | designate an extended jurisdiction
juvenile prosecution | 24 | | determines that there is probable cause to believe that
the | 25 | | allegations in the petition and motion are true the court shall | 26 | | grant the
motion for designation. Information used by the court |
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| 1 | | in its findings or
stated in or offered in connection with this | 2 | | Section may be by way of proffer
based on reliable information | 3 | | offered by the State or the minor. All evidence
shall be | 4 | | admissible if it is relevant and reliable regardless of whether | 5 | | it
would be admissible under the rules of evidence.
| 6 | | (3) Trial. A minor who is subject of an extended | 7 | | jurisdiction juvenile
prosecution has the right to trial by | 8 | | jury. Any trial under this Section shall
be open to the public.
| 9 | | (4) Sentencing. If an extended jurisdiction juvenile | 10 | | prosecution under
subsection (1)
results in a guilty plea, a | 11 | | verdict of guilty, or a finding of guilt,
the court shall | 12 | | impose the following:
| 13 | | (i) one or more juvenile sentences under Section 5-710; | 14 | | and
| 15 | | (ii) an adult criminal sentence in accordance with the | 16 | | provisions of
Section 5-4.5-105 of the Unified Code of | 17 | | Corrections Chapter V of the
Unified Code of
Corrections , | 18 | | the execution of which shall be stayed on the condition | 19 | | that the
offender not violate the provisions of the | 20 | | juvenile sentence.
| 21 | | Any sentencing hearing under
this Section shall be open to the | 22 | | public.
| 23 | | (5) If, after an extended jurisdiction juvenile | 24 | | prosecution trial, a minor
is convicted of a lesser-included | 25 | | offense or of an offense that the State's
Attorney did not | 26 | | designate as an extended jurisdiction juvenile prosecution,
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| 1 | | the State's Attorney may file a written motion, within 10 days | 2 | | of the finding
of guilt, that
the minor be sentenced as an | 3 | | extended jurisdiction juvenile prosecution
offender. The court | 4 | | shall rule on this motion using the factors found in
paragraph | 5 | | (1)(b) of Section 5-805. If the court denies the State's | 6 | | Attorney's
motion for
sentencing under the extended | 7 | | jurisdiction juvenile prosecution provision, the
court shall | 8 | | proceed to sentence the minor under Section 5-710.
| 9 | | (6) When it appears that a minor convicted in an extended | 10 | | jurisdiction
juvenile prosecution under subsection (1) has | 11 | | violated the
conditions of his or her sentence, or is alleged | 12 | | to have committed a new
offense upon the filing of a petition | 13 | | to revoke the stay, the
court may, without notice, issue a | 14 | | warrant for the arrest of the minor.
After a hearing, if the | 15 | | court finds by a
preponderance of the evidence that the minor | 16 | | committed a new offense, the
court shall order execution of the | 17 | | previously
imposed adult criminal sentence.
After a hearing, if | 18 | | the court finds by a preponderance of the evidence
that the | 19 | | minor committed a violation of his or her sentence other than | 20 | | by a new
offense, the court may order execution of the | 21 | | previously imposed adult criminal
sentence or may continue him | 22 | | or her on the existing juvenile sentence with or
without | 23 | | modifying or enlarging the conditions.
Upon revocation of the | 24 | | stay of the adult criminal sentence
and imposition of
that | 25 | | sentence, the minor's extended jurisdiction juvenile status | 26 | | shall be
terminated.
The on-going jurisdiction over the minor's |
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| 1 | | case shall be assumed by the adult
criminal court and juvenile | 2 | | court jurisdiction shall be terminated and a report
of
the | 3 | | imposition of the adult sentence shall be sent to the | 4 | | Department of State
Police.
| 5 | | (7) Upon successful completion of the juvenile sentence the | 6 | | court shall
vacate the adult criminal sentence.
| 7 | | (8) Nothing in this Section precludes the State from filing | 8 | | a motion for
transfer under Section 5-805.
| 9 | | (Source: P.A. 94-574, eff. 8-12-05; 95-331, eff. 8-21-07.)
| 10 | | (705 ILCS 405/5-822 new) | 11 | | Sec. 5-822. Data collection. On the effective date of this | 12 | | amendatory Act of the 99th General Assembly: | 13 | | (1) The Clerk of the Circuit Court of every county in | 14 | | this State, shall track the filing, processing, and | 15 | | disposition of all cases: | 16 | | (a) initiated in criminal court under Section | 17 | | 5-130 of this Act; | 18 | | (b) in which a motion to transfer was filed by the | 19 | | State under Section 5-805 of this Act; | 20 | | (c) in which a motion for extended jurisdiction was | 21 | | filed by the State under Section 5-810 of this Act; | 22 | | (d) in which a designation is sought of a Habitual | 23 | | Juvenile Offender under Section 5-815 of this Act; and | 24 | | (e) in which a designation is sought of a Violent | 25 | | Juvenile Offender under Section 5-820 of this Act. |
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| 1 | | (2) For each category of case listed in subsection (1), | 2 | | the clerk shall collect the following: | 3 | | (a) age of the defendant and of the victim or | 4 | | victims at the time of offense; | 5 | | (b) race and ethnicity of the defendant and the | 6 | | victim or victims; | 7 | | (c) gender of the defendant and the victim or | 8 | | victims; | 9 | | (d) the offense or offenses charged; | 10 | | (e) date filed and the date of final disposition; | 11 | | (f) the final disposition; | 12 | | (g) for those cases resulting in a finding or plea | 13 | | of guilty: | 14 | | (i) charge or charges for which they are | 15 | | convicted; | 16 | | (ii) sentence for each charge; | 17 | | (h) for cases under paragraph (c) of subsection | 18 | | (1), the clerk shall report if the adult sentence is | 19 | | applied due to non-compliance with the juvenile | 20 | | sentence. | 21 | | (3) On January 15 and June 15 of each year beginning 6 | 22 | | months after the effective date of this amendatory Act of | 23 | | the 99th General Assembly, the Clerk of each county shall | 24 | | submit a report outlining all of the information from | 25 | | subsection (2) to the General Assembly and the county board | 26 | | of the clerk's respective county. |
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| 1 | | (4) No later than 2 months after the effective date of | 2 | | this amendatory Act of the 99th General Assembly, the | 3 | | standards, confidentiality protocols, format, and data | 4 | | depository for the semi-annual reports described in this | 5 | | Section shall be identified by the State Advisory Group on | 6 | | Juvenile Justice and Delinquency Prevention and | 7 | | distributed to the General Assembly, county boards, and | 8 | | county clerks' offices.
| 9 | | (705 ILCS 405/5-821 rep.) | 10 | | Section 10. The Juvenile Court Act of 1987 is amended by | 11 | | repealing Section 5-821. | 12 | | Section 15. The Unified Code of Corrections is amended by | 13 | | adding Section 5-4.5-105 as follows: | 14 | | (730 ILCS 5/5-4.5-105 new) | 15 | | Sec. 5-4.5-105. SENTENCING OF INDIVIDUALS UNDER THE AGE OF | 16 | | 18 AT THE TIME OF THE COMMISSION OF AN OFFENSE. | 17 | | (a) On or after the effective date of this amendatory Act | 18 | | of the 99th General Assembly, when a person commits an offense | 19 | | and the person is under 18 years of age at the time of the | 20 | | commission of the offense, the court, at the sentencing hearing | 21 | | conducted under Section 5-4-1, shall consider the following | 22 | | additional factors in mitigation in determining the | 23 | | appropriate sentence: |
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| 1 | | (1) the person's age, impetuosity, and level of | 2 | | maturity at the time of the offense, including the ability | 3 | | to consider risks and consequences of behavior, and the | 4 | | presence of cognitive or developmental disability, or | 5 | | both, if any; | 6 | | (2) whether the person was subjected to outside | 7 | | pressure, including peer pressure, familial pressure, or | 8 | | negative influences; | 9 | | (3) the person's family, home environment, educational | 10 | | and social background, including any history of parental | 11 | | neglect, physical abuse, or other childhood trauma; | 12 | | (4) the person's potential for rehabilitation or | 13 | | evidence of rehabilitation, or both; | 14 | | (5) the circumstances of the offense; | 15 | | (6) the person's degree of participation and specific | 16 | | role in the offense, including the level of planning by the | 17 | | defendant before the offense; | 18 | | (7) whether the person was able to meaningfully
| 19 | | participate in his or her defense; | 20 | | (8) the person's prior juvenile or criminal history;
| 21 | | and | 22 | | (9) any other information the court finds relevant and | 23 | | reliable, including an expression of remorse, if | 24 | | appropriate. However, if the person, on advice of counsel | 25 | | chooses not to make a statement, the court shall not | 26 | | consider a lack of an expression of remorse as an |
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| 1 | | aggravating factor. | 2 | | (b) Except as provided in subsection (c), the court may | 3 | | sentence the defendant to any disposition authorized for the | 4 | | class of the offense of which he or she was found guilty as | 5 | | described in Article 4.5 of this Code, and may, in its | 6 | | discretion, decline to impose any otherwise applicable | 7 | | sentencing enhancement based upon firearm possession, | 8 | | possession with personal discharge, or possession with | 9 | | personal discharge that proximately causes great bodily harm, | 10 | | permanent disability, permanent disfigurement or death to | 11 | | another person. | 12 | | (c) Notwithstanding any other provision of law, if the | 13 | | defendant is convicted of first degree murder and would | 14 | | otherwise be subject to sentencing under clause (iii), (iv), | 15 | | (v), or (vii) of subsection (c) of Section 5-8-1 of this Code | 16 | | based on the category of persons identified therein, the court | 17 | | shall impose a sentence of not less than 40 years of | 18 | | imprisonment. In addition, the court may, in its discretion, | 19 | | decline to impose the sentencing enhancements based upon the | 20 | | possession or use of a firearm during the commission of the | 21 | | offense included in subsection (d) of Section 5-8-1. |
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