093_HB0416ham005











                                     LRB093 06576 RLC 14200 a

 1                     AMENDMENT TO HOUSE BILL 416

 2        AMENDMENT NO.     .  Amend House Bill 416, AS AMENDED, by
 3    replacing the title with the following:

 4        "AN ACT in relation to minors."; and

 5    by replacing everything after the enacting  clause  with  the
 6    following:

 7        "Section 5.  The Juvenile Court Act of 1987 is amended by
 8    changing Sections 5-130 and 5-407 as follows:

 9        (705 ILCS 405/5-130)
10        Sec.  5-130.  Excluded jurisdiction.
11        (1) (a)  The definition of delinquent minor under Section
12    5-120 of this Article shall not apply to any minor who at the
13    time  of  an  offense was at least 15 years of age and who is
14    charged with first degree murder, aggravated criminal  sexual
15    assault,  or aggravated battery with a firearm committed in a
16    school, on the real  property  comprising  a  school,  within
17    1,000  feet  of  the  real property comprising a school, at a
18    school related activity, or on, boarding, or  departing  from
19    any  conveyance  owned,  leased, or contracted by a school or
20    school district to transport students to or from school or  a
21    school related activity regardless of the time of day or time
 
                            -2-      LRB093 06576 RLC 14200 a
 1    of  year  that  the offense was committed, armed robbery when
 2    the armed robbery was committed with a firearm, or aggravated
 3    vehicular hijacking when the hijacking was committed  with  a
 4    firearm.
 5        These  charges  and  all other charges arising out of the
 6    same incident shall be prosecuted under the criminal laws  of
 7    this State.
 8        For purposes of this paragraph (a) of subsection (l):
 9        "School"   means   a  public  or  private  elementary  or
10    secondary school, community college, college, or university.
11        "School related activity"  means  any  sporting,  social,
12    academic  or other activity for which students' attendance or
13    participation is sponsored, organized, or funded in whole  or
14    in part by a school or school district.
15        (b) (i)  If  before  trial  or  plea  an  information  or
16    indictment is filed that does not charge an offense specified
17    in  paragraph (a) of this subsection (1) the State's Attorney
18    may proceed on any lesser charge  or  charges,  but  only  in
19    Juvenile  Court  under  the  provisions of this Article.  The
20    State's Attorney may proceed under the Criminal Code of  1961
21    on  a  lesser  charge  if  before  trial  the minor defendant
22    knowingly and with advice of counsel waives, in writing,  his
23    or her right to have the matter proceed in Juvenile Court.
24        (ii)  If   before   trial   or  plea  an  information  or
25    indictment  is  filed  that  includes  one  or  more  charges
26    specified  in  paragraph  (a)  of  this  subsection  (1)  and
27    additional charges that are not specified in that  paragraph,
28    all  of the charges arising out of the same incident shall be
29    prosecuted under the Criminal Code of 1961.
30        (c) (i)  If after trial or plea the minor is convicted of
31    any offense covered by paragraph (a) of this subsection  (1),
32    then, in sentencing the minor, the court shall have available
33    any  or  all  dispositions  prescribed for that offense under
34    Chapter V of the Unified Code of Corrections.
 
                            -3-      LRB093 06576 RLC 14200 a
 1        (ii)  If after trial or plea the  court  finds  that  the
 2    minor  committed  an  offense not covered by paragraph (a) of
 3    this subsection (1), that finding shall  not  invalidate  the
 4    verdict  or  the  prosecution of the minor under the criminal
 5    laws of the State;  however,  unless  the  State  requests  a
 6    hearing for the purpose of sentencing the minor under Chapter
 7    V  of the Unified Code of Corrections, the Court must proceed
 8    under Sections 5-705 and 5-710 of this Article.  To request a
 9    hearing, the State must file a written motion within 10  days
10    following  the entry of a finding or the return of a verdict.
11    Reasonable notice of the motion shall be given to  the  minor
12    or  his  or  her counsel. If the motion is made by the State,
13    the court shall conduct a hearing to determine if  the  minor
14    should  be  sentenced  under Chapter V of the Unified Code of
15    Corrections.  In making its determination,  the  court  shall
16    consider  among  other matters: (a) whether there is evidence
17    that  the  offense  was  committed  in  an   aggressive   and
18    premeditated  manner;  (b)  the  age  of  the  minor; (c) the
19    previous  history  of  the  minor;  (d)  whether  there   are
20    facilities  particularly  available  to the Juvenile Court or
21    the Department of Corrections,  Juvenile  Division,  for  the
22    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
27    the  hearing  the  court  finds  that  the  minor  should  be
28    sentenced under Chapter V of the Unified Code of Corrections,
29    then the court shall sentence the  minor  accordingly  having
30    available to it any or all dispositions so prescribed.
31        (2) (Blank).  (a)  The  definition  of a delinquent minor
32    under Section 5-120 of this Article shall not  apply  to  any
33    minor who at the time of the offense was at least 15 years of
34    age  and  who is charged with an offense under Section 401 of
 
                            -4-      LRB093 06576 RLC 14200 a
 1    the Illinois Controlled Substances Act, while  in  a  school,
 2    regardless  of  the  time  of day or the time of year, or any
 3    conveyance  owned,  leased  or  contracted  by  a  school  to
 4    transport students to or from  school  or  a  school  related
 5    activity,  or residential property owned, operated or managed
 6    by a public housing agency or  leased  by  a  public  housing
 7    agency   as   part   of  a  scattered  site  or  mixed-income
 8    development, on the  real  property  comprising  any  school,
 9    regardless  of  the  time  of  day  or  the  time of year, or
10    residential property owned, operated or managed by  a  public
11    housing  agency  or leased by a public housing agency as part
12    of a scattered site or  mixed-income  development,  or  on  a
13    public  way within 1,000 feet of the real property comprising
14    any school, regardless of the time of  day  or  the  time  of
15    year, or residential property owned, operated or managed by a
16    public housing agency or leased by a public housing agency as
17    part of a scattered site or mixed-income development.  School
18    is  defined,  for the purposes of this Section, as any public
19    or private elementary or secondary school, community college,
20    college, or university.  These charges and all other  charges
21    arising  out  of  the same incident shall be prosecuted under
22    the criminal laws of this State.
23        (b) (i)  If  before  trial  or  plea  an  information  or
24    indictment is filed that does not charge an offense specified
25    in paragraph (a) of this subsection (2) the State's  Attorney
26    may  proceed  on  any  lesser  charge or charges, but only in
27    Juvenile Court under the provisions  of  this  Article.   The
28    State's  Attorney may proceed under the criminal laws of this
29    State on a lesser charge if before trial the minor  defendant
30    knowingly  and with advice of counsel waives, in writing, his
31    or her right to have the matter proceed in Juvenile Court.
32        (ii)  If  before  trial  or  plea   an   information   or
33    indictment  is  filed  that  includes  one  or  more  charges
34    specified  in  paragraph  (a)  of  this  subsection  (2)  and
 
                            -5-      LRB093 06576 RLC 14200 a
 1    additional  charges that are not specified in that paragraph,
 2    all of the charges arising out of the same incident shall  be
 3    prosecuted under the criminal laws of this State.
 4        (c) (i)  If after trial or plea the minor is convicted of
 5    any  offense covered by paragraph (a) of this subsection (2),
 6    then, in sentencing the minor, the court shall have available
 7    any or all dispositions prescribed  for  that  offense  under
 8    Chapter V of the Unified Code of Corrections.
 9        (ii)  If  after  trial  or  plea the court finds that the
10    minor committed an offense not covered by  paragraph  (a)  of
11    this  subsection  (2),  that finding shall not invalidate the
12    verdict or the prosecution of the minor  under  the  criminal
13    laws  of  the  State;   however,  unless the State requests a
14    hearing for the purpose of sentencing the minor under Chapter
15    V of the Unified Code of Corrections, the Court must  proceed
16    under Sections 5-705 and 5-710 of this Article.  To request a
17    hearing,  the State must file a written motion within 10 days
18    following the entry of a finding or the return of a  verdict.
19    Reasonable  notice  of the motion shall be given to the minor
20    or his or her counsel.  If the motion is made by  the  State,
21    the  court  shall conduct a hearing to determine if the minor
22    should be sentenced under Chapter V of the  Unified  Code  of
23    Corrections.   In  making  its determination, the court shall
24    consider among other matters: (a) whether there  is  evidence
25    that   the   offense  was  committed  in  an  aggressive  and
26    premeditated manner; (b)  the  age  of  the  minor;  (c)  the
27    previous   history  of  the  minor;  (d)  whether  there  are
28    facilities particularly available to the  Juvenile  Court  or
29    the  Department  of  Corrections,  Juvenile Division, for the
30    treatment and rehabilitation of the minor;  (e)  whether  the
31    security of the public requires sentencing under Chapter V of
32    the  Unified  Code  of Corrections; and (f) whether the minor
33    possessed a deadly weapon when committing the  offense.   The
34    rules of evidence shall be the same as if at trial.  If after
 
                            -6-      LRB093 06576 RLC 14200 a
 1    the  hearing  the  court  finds  that  the  minor  should  be
 2    sentenced under Chapter V of the Unified Code of Corrections,
 3    then  the  court  shall sentence the minor accordingly having
 4    available to it any or all dispositions so prescribed.
 5        (3) (Blank).  (a)  The  definition  of  delinquent  minor
 6    under Section 5-120 of this Article shall not  apply  to  any
 7    minor who at the time of the offense was at least 15 years of
 8    age  and who is charged with a violation of the provisions of
 9    paragraph (1), (3), (4), or (10) of subsection (a) of Section
10    24-1 of the Criminal Code of 1961 while in school, regardless
11    of the time of day or the  time  of  year,  or  on  the  real
12    property comprising any school, regardless of the time of day
13    or the time of year.  School is defined, for purposes of this
14    Section  as  any  public  or  private elementary or secondary
15    school, community college,  college,  or  university.   These
16    charges  and  all  other  charges  arising  out  of  the same
17    incident shall be prosecuted under the criminal laws of  this
18    State.
19        (b) (i)  If  before  trial  or  plea  an  information  or
20    indictment is filed that does not charge an offense specified
21    in  paragraph (a) of this subsection (3) the State's Attorney
22    may proceed on any lesser charge  or  charges,  but  only  in
23    Juvenile  Court  under  the  provisions of this Article.  The
24    State's Attorney may proceed under the criminal laws of  this
25    State  on a lesser charge if before trial the minor defendant
26    knowingly and with advice of counsel waives, in writing,  his
27    or her right to have the matter proceed in Juvenile Court.
28        (ii)  If   before   trial   or  plea  an  information  or
29    indictment  is  filed  that  includes  one  or  more  charges
30    specified  in  paragraph  (a)  of  this  subsection  (3)  and
31    additional charges that are not specified in that  paragraph,
32    all  of the charges arising out of the same incident shall be
33    prosecuted under the criminal laws of this State.
34        (c) (i)  If after trial or plea the minor is convicted of
 
                            -7-      LRB093 06576 RLC 14200 a
 1    any offense covered by paragraph (a) of this subsection  (3),
 2    then, in sentencing the minor, the court shall have available
 3    any  or  all  dispositions  prescribed for that offense under
 4    Chapter V of the Unified Code of Corrections.
 5        (ii)  If after trial or plea the  court  finds  that  the
 6    minor  committed  an  offense not covered by paragraph (a) of
 7    this subsection (3), that finding shall  not  invalidate  the
 8    verdict  or  the  prosecution of the minor under the criminal
 9    laws of the State;  however,  unless  the  State  requests  a
10    hearing for the purpose of sentencing the minor under Chapter
11    V  of the Unified Code of Corrections, the Court must proceed
12    under Sections 5-705 and 5-710 of this Article.  To request a
13    hearing, the State must file a written motion within 10  days
14    following  the entry of a finding or the return of a verdict.
15    Reasonable notice of the motion shall be given to  the  minor
16    or  his  or her counsel.  If the motion is made by the State,
17    the court shall conduct a hearing to determine if  the  minor
18    should  be  sentenced  under Chapter V of the Unified Code of
19    Corrections.  In making its determination,  the  court  shall
20    consider  among  other matters: (a) whether there is evidence
21    that  the  offense  was  committed  in  an   aggressive   and
22    premeditated  manner;  (b)  the  age  of  the  minor; (c) the
23    previous  history  of  the  minor;  (d)  whether  there   are
24    facilities  particularly  available  to the Juvenile Court or
25    the Department of Corrections,  Juvenile  Division,  for  the
26    treatment  and  rehabilitation  of the minor; (e) whether the
27    security of the public requires sentencing under Chapter V of
28    the Unified Code of Corrections; and (f)  whether  the  minor
29    possessed  a  deadly weapon when committing the offense.  The
30    rules of evidence shall be the same as if at trial.  If after
31    the  hearing  the  court  finds  that  the  minor  should  be
32    sentenced under Chapter V of the Unified Code of Corrections,
33    then the court shall sentence the  minor  accordingly  having
34    available to it any or all dispositions so prescribed.
 
                            -8-      LRB093 06576 RLC 14200 a
 1        (4) (a)  The definition of delinquent minor under Section
 2    5-120 of this Article shall not apply to any minor who at the
 3    time  of  an  offense was at least 13 years of age and who is
 4    charged with first degree murder committed during the  course
 5    of either aggravated criminal sexual assault, criminal sexual
 6    assault,  or  aggravated kidnaping.  However, this subsection
 7    (4) does not include a minor charged with first degree murder
 8    based exclusively upon the accountability provisions  of  the
 9    Criminal Code of 1961.
10        (b) (i)  If  before  trial  or  plea  an  information  or
11    indictment  is filed that does not charge first degree murder
12    committed during the course  of  aggravated  criminal  sexual
13    assault,  criminal  sexual  assault, or aggravated kidnaping,
14    the State's Attorney may proceed  on  any  lesser  charge  or
15    charges,  but  only in Juvenile Court under the provisions of
16    this Article.  The State's Attorney  may  proceed  under  the
17    criminal  laws  of  this  State  on a lesser charge if before
18    trial the  minor  defendant  knowingly  and  with  advice  of
19    counsel  waives,  in  writing,  his  or her right to have the
20    matter proceed in Juvenile Court.
21        (ii)  If  before  trial  or  plea   an   information   or
22    indictment   is  filed  that  includes  first  degree  murder
23    committed during the course  of  aggravated  criminal  sexual
24    assault,  criminal  sexual  assault, or aggravated kidnaping,
25    and additional charges that are not  specified  in  paragraph
26    (a) of this subsection, all of the charges arising out of the
27    same  incident shall be prosecuted under the criminal laws of
28    this State.
29        (c) (i)  If after trial or plea the minor is convicted of
30    first degree murder committed during the course of aggravated
31    criminal  sexual  assault,  criminal   sexual   assault,   or
32    aggravated  kidnaping,  in  sentencing  the  minor, the court
33    shall have available any or all dispositions  prescribed  for
34    that  offense  under  Chapter  V   of  the  Unified  Code  of
 
                            -9-      LRB093 06576 RLC 14200 a
 1    Corrections.
 2        (ii)  If  the  minor  was  not yet 15 years of age at the
 3    time of the offense, and if after trial  or  plea  the  court
 4    finds  that  the  minor committed an offense other than first
 5    degree  murder  committed  during  the   course   of   either
 6    aggravated  criminal sexual assault, criminal sexual assault,
 7    or aggravated kidnapping, the finding  shall  not  invalidate
 8    the  verdict  or  the  prosecution  of  the  minor  under the
 9    criminal  laws  of  the  State;  however,  unless  the  State
10    requests a hearing for the purpose of  sentencing  the  minor
11    under Chapter V of the Unified Code of Corrections, the Court
12    must  proceed under Sections 5-705 and 5-710 of this Article.
13    To request a hearing, the State must file  a  written  motion
14    within 10 days following the entry of a finding or the return
15    of a verdict.  Reasonable notice of the motion shall be given
16    to the minor or his or her counsel.  If the motion is made by
17    the  State,  the  court  shall conduct a hearing to determine
18    whether the minor should be sentenced under Chapter V of  the
19    Unified  Code  of  Corrections.  In making its determination,
20    the court shall consider among other  matters:   (a)  whether
21    there  is  evidence  that  the  offense  was  committed in an
22    aggressive and premeditated  manner;   (b)  the  age  of  the
23    minor;   (c)  the  previous  delinquent history of the minor;
24    (d) whether there are facilities  particularly  available  to
25    the Juvenile Court or the Department of Corrections, Juvenile
26    Division,  for the treatment and rehabilitation of the minor;
27    (e) whether the best interest of the minor and  the  security
28    of  the  public  require  sentencing  under  Chapter V of the
29    Unified Code of  Corrections;   and  (f)  whether  the  minor
30    possessed  a  deadly weapon when committing the offense.  The
31    rules of evidence shall be the same as if at trial.  If after
32    the  hearing  the  court  finds  that  the  minor  should  be
33    sentenced under Chapter V of the Unified Code of Corrections,
34    then the court shall sentence the  minor  accordingly  having
 
                            -10-     LRB093 06576 RLC 14200 a
 1    available to it any or all dispositions so prescribed.
 2        (5) (a)  The definition of delinquent minor under Section
 3    5-120  of  this  Article  shall not apply to any minor who is
 4    charged with a violation of subsection (a) of Section 31-6 or
 5    Section 32-10 of the Criminal Code of 1961 when the minor  is
 6    subject  to prosecution under the criminal laws of this State
 7    as a result of the application of the provisions  of  Section
 8    5-125,  or  subsection  (1)  or  (2)  of this Section.  These
 9    charges and  all  other  charges  arising  out  of  the  same
10    incident  shall be prosecuted under the criminal laws of this
11    State.
12        (b) (i)  If  before  trial  or  plea  an  information  or
13    indictment is filed that does not charge an offense specified
14    in paragraph (a) of this subsection (5), the State's Attorney
15    may proceed on any lesser charge  or  charges,  but  only  in
16    Juvenile  Court  under  the  provisions of this Article.  The
17    State's Attorney may proceed under the criminal laws of  this
18    State  on a lesser charge if before trial the minor defendant
19    knowingly and with advice of counsel waives, in writing,  his
20    or her right to have the matter proceed in Juvenile Court.
21        (ii)  If   before   trial   or  plea  an  information  or
22    indictment  is  filed  that  includes  one  or  more  charges
23    specified  in  paragraph  (a)  of  this  subsection  (5)  and
24    additional charges that are not specified in that  paragraph,
25    all  of the charges arising out of the same incident shall be
26    prosecuted under the criminal laws of this State.
27        (c) (i)  If after trial or plea the minor is convicted of
28    any offense covered by paragraph (a) of this subsection  (5),
29    then, in sentencing the minor, the court shall have available
30    any  or  all  dispositions  prescribed for that offense under
31    Chapter V  of the Unified Code of Corrections.
32        (ii)  If after trial or plea the  court  finds  that  the
33    minor  committed  an  offense not covered by paragraph (a) of
34    this subsection (5), the conviction shall not invalidate  the
 
                            -11-     LRB093 06576 RLC 14200 a
 1    verdict  or  the  prosecution of the minor under the criminal
 2    laws of this State;  however, unless  the  State  requests  a
 3    hearing for the purpose of sentencing the minor under Chapter
 4    V  of the Unified Code of Corrections, the Court must proceed
 5    under Sections 5-705 and 5-710 of this Article. To request  a
 6    hearing,  the State must file a written motion within 10 days
 7    following the entry of a finding or the return of a  verdict.
 8    Reasonable  notice  of the motion shall be given to the minor
 9    or his or her counsel.  If the motion is made by  the  State,
10    the court shall conduct a hearing to determine if whether the
11    minor should be sentenced under Chapter V of the Unified Code
12    of Corrections.  In making its determination, the court shall
13    consider  among  other matters: (a) whether there is evidence
14    that  the  offense  was  committed  in  an   aggressive   and
15    premeditated  manner;  (b)  the  age  of  the minor;  (c) the
16    previous delinquent history of the minor; (d)  whether  there
17    are  facilities  particularly available to the Juvenile Court
18    or the Department of Corrections, Juvenile Division, for  the
19    treatment  and  rehabilitation  of the minor; (e) whether the
20    security of the public requires sentencing under Chapter V of
21    the Unified Code of Corrections; and (f)  whether  the  minor
22    possessed  a  deadly weapon when committing the offense.  The
23    rules of evidence shall be the same as if at trial.  If after
24    the  hearing  the  court  finds  that  the  minor  should  be
25    sentenced under Chapter V of the Unified Code of Corrections,
26    then the court shall sentence the  minor  accordingly  having
27    available to it any or all dispositions so prescribed.
28        (6)  The  definition  of  delinquent  minor under Section
29    5-120 of this Article shall  not  apply  to  any  minor  who,
30    pursuant  to subsection (1), (2), or (3) or Section 5-805, or
31    5-810, has previously been placed under the  jurisdiction  of
32    the criminal court and has been convicted of a crime under an
33    adult  criminal  or  penal  statute.  Such  a  minor shall be
34    subject to prosecution under the criminal laws of this State.
 
                            -12-     LRB093 06576 RLC 14200 a
 1        (7)  The procedures set  out  in  this  Article  for  the
 2    investigation,  arrest  and prosecution of juvenile offenders
 3    shall not apply to minors who are excluded from  jurisdiction
 4    of  the  Juvenile Court, except that minors under 17 years of
 5    age shall be kept separate from confined adults.
 6        (8)  Nothing  in  this  Act  prohibits  or   limits   the
 7    prosecution of any minor for an offense committed on or after
 8    his or her 17th birthday even though he or she is at the time
 9    of the offense a ward of the court.
10        (9)  If an original petition for adjudication of wardship
11    alleges  the commission by a minor 13 years of age or over of
12    an act that constitutes a crime under the laws of this State,
13    the minor, with the consent of his or her  counsel,  may,  at
14    any  time  before  commencement  of the adjudicatory hearing,
15    file with the court a motion  that  criminal  prosecution  be
16    ordered and that the petition be dismissed insofar as the act
17    or  acts  involved in the criminal proceedings are concerned.
18    If such a motion is filed as herein provided, the court shall
19    enter its order accordingly.
20        (10)  (Blank). If a minor is subject to the provisions of
21    subsection (2) of this Section, other than  a  minor  charged
22    with  a  Class  X felony violation of the Illinois Controlled
23    Substances Act, any party including the minor  or  the  court
24    sua  sponte  may,  before  trial,  move for a hearing for the
25    purpose of trying and sentencing the minor  as  a  delinquent
26    minor.  To  request  a  hearing, the party must file a motion
27    prior to trial. Reasonable notice  of  the  motion  shall  be
28    given to all parties. On its own motion or upon the filing of
29    a motion by one of the parties including the minor, the court
30    shall conduct a hearing to determine whether the minor should
31    be  tried  and  sentenced  as  a  delinquent minor under this
32    Article.  In  making  its  determination,  the  court   shall
33    consider among other matters:
34        (a)  The age of the minor;
 
                            -13-     LRB093 06576 RLC 14200 a
 1        (b)  Any  previous  delinquent or criminal history of the
 2    minor;
 3        (c)  Any previous abuse or neglect history of the minor;
 4        (d)  Any mental health  or  educational  history  of  the
 5    minor, or both; and
 6        (e)  Whether  there  is  probable  cause  to  support the
 7    charge, whether the minor is charged through  accountability,
 8    and  whether  there  is evidence the minor possessed a deadly
 9    weapon or caused serious bodily harm during the offense.
10        Any material that  is  relevant  and  reliable  shall  be
11    admissible  at  the  hearing.   In all cases, the judge shall
12    enter an order permitting prosecution under the criminal laws
13    of Illinois unless the judge  makes  a  finding  based  on  a
14    preponderance  of  the  evidence  that  the  minor  would  be
15    amenable  to  the  care,  treatment,  and  training  programs
16    available  through the facilities of the juvenile court based
17    on an evaluation of the factors  listed  in  this  subsection
18    (10).
19    (Source:  P.A.  91-15,  eff.  1-1-00;  91-673, eff. 12-22-99;
20    92-16, eff. 6-28-01; 92-665, eff. 1-1-03.)

21        (705 ILCS 405/5-407)
22        Sec. 5-407.  Processing of juvenile in  possession  of  a
23    firearm.
24        (a)  If   a  law  enforcement  officer  detains  a  minor
25    pursuant to Section 10-27.1A of the School Code, the  officer
26    shall  deliver  the minor to the nearest juvenile officer, in
27    the manner prescribed by subsection (2) of Section  5-405  of
28    this  Act.   The  juvenile  officer  shall  deliver the minor
29    without unnecessary delay  to  the  court  or  to  the  place
30    designated  by  rule  or  order of court for the reception of
31    minors.  In no event shall the  minor  be  eligible  for  any
32    other   disposition   by   the   juvenile   police   officer,
33    notwithstanding  the  provisions of subsection (3) of Section
 
                            -14-     LRB093 06576 RLC 14200 a
 1    5-405 of this Act.
 2        (b)  Minors not excluded  from  this  Act's  jurisdiction
 3    under subsection (3)(a) of Section 5-130 of this Act shall be
 4    brought  before a judicial officer within 40 hours, exclusive
 5    of Saturdays, Sundays, and court-designated holidays,  for  a
 6    detention  hearing  to  determine  whether he or she shall be
 7    further held in custody.  If the court finds  that  there  is
 8    probable  cause  to  believe  that  the minor is a delinquent
 9    minor by virtue of his  or  her  violation  of  item  (4)  of
10    subsection  (a)  of Section 24-1 of the Criminal Code of 1961
11    while  on  school  grounds,  that  finding  shall  create   a
12    presumption  that immediate and urgent necessity exists under
13    subdivision (2) of Section  5-501  of  this  Act.   Once  the
14    presumption  of  immediate  and  urgent  necessity  has  been
15    raised, the burden of demonstrating the lack of immediate and
16    urgent  necessity  shall  be  on  any  party that is opposing
17    detention for the minor.  Should the  court  order  detention
18    pursuant  to  this  Section,  the  minor  shall  be detained,
19    pending  the  results  of   a   court-ordered   psychological
20    evaluation  to  determine  if the minor is a risk to himself,
21    herself, or  others.    Upon  receipt  of  the  psychological
22    evaluation,   the   court   shall  review  the  determination
23    regarding the existence of urgent  and  immediate  necessity.
24    The  court  shall  consider  the  psychological evaluation in
25    conjunction with the other factors identified in  subdivision
26    (2)  of  Section 5-501 of this Act in order to make a de novo
27    determination regarding whether it is a matter  of  immediate
28    and  urgent  necessity  for the protection of the minor or of
29    the person or property of another that the minor be  detained
30    or  placed  in  a  shelter care facility.  In addition to the
31    pre-trial conditions found in Section 5-505 of this Act,  the
32    court may order the minor to receive counseling and any other
33    services  recommended  by  the  psychological evaluation as a
34    condition for release of the minor.
 
                            -15-     LRB093 06576 RLC 14200 a
 1        (c)  Upon  making  a  determination  that   the   student
 2    presents  a  risk  to  himself, herself, or others, the court
 3    shall issue an order restraining the  student  from  entering
 4    the property of the school if he or she has been suspended or
 5    expelled from the school as a result of possessing a firearm.
 6    The order shall restrain the student from entering the school
 7    and school owned or leased property, including any conveyance
 8    owned,  leased,  or  contracted  by  the  school to transport
 9    students to or from school or a school-related activity.  The
10    order shall remain in effect until such  time  as  the  court
11    determines  that  the  student  no  longer presents a risk to
12    himself, herself, or others.
13        (d)  Psychological  evaluations   ordered   pursuant   to
14    subsection  (b)  of  this  Section and statements made by the
15    minor during the course of these evaluations,  shall  not  be
16    admissible  on  the issue of delinquency during the course of
17    any adjudicatory hearing held under this Act.
18        (e)  In this Section:
19        "School"  means  any  public  or  private  elementary  or
20    secondary school.
21        "School grounds" includes the  real  property  comprising
22    any  school, any conveyance owned, leased, or contracted by a
23    school  to  transport  students  to  or  from  school  or   a
24    school-related  activity, or any public way within 1,000 feet
25    of the real property comprising any school.
26    (Source: P.A. 91-11, eff. 6-4-99.)

27        Section 99.  Effective date.  This Act takes effect  upon
28    becoming law.".