093_HB0553sam001

 










                                     LRB093 05589 RLC 15386 a

 1                     AMENDMENT TO HOUSE BILL 553

 2        AMENDMENT NO.     .  Amend House Bill  553  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5. The Juvenile Court Act of 1987 is amended by
 5    changing Section 5-810 as follows:

 6        (705 ILCS 405/5-810)
 7        Sec. 5-810.  Extended jurisdiction juvenile prosecutions.
 8        (1)  (a)  If  the  State's  Attorney files a petition, at
 9    any time prior to  commencement  of  the  minor's  trial,  to
10    designate the proceeding as an extended jurisdiction juvenile
11    prosecution  and  the  petition  alleges  the commission by a
12    minor 13 years of age or older of any offense which would  be
13    a felony if committed by an adult, and, if the juvenile judge
14    assigned  to  hear  and  determine petitions to designate the
15    proceeding as an extended jurisdiction  juvenile  prosecution
16    determines  that  there is probable cause to believe that the
17    allegations in the petition and motion are true, there  is  a
18    rebuttable   presumption   that   the   proceeding  shall  be
19    designated as an extended jurisdiction juvenile proceeding.
20        (b)  The judge  shall  enter  an  order  designating  the
21    proceeding  as  an  extended jurisdiction juvenile proceeding
22    unless  the  judge  makes  a  finding  based  on  clear   and
 
                            -2-      LRB093 05589 RLC 15386 a
 1    convincing  evidence  that  sentencing under the Chapter V of
 2    the Unified Code of Corrections would not be appropriate  for
 3    the minor based on an evaluation of the following factors:
 4             (i)  The seriousness of the alleged offense;
 5             (ii)  The minor's history of delinquency;
 6             (iii)  The age of the minor;
 7             (iv)  The culpability of the minor in committing the
 8        alleged offense;
 9             (v)  Whether   the   offense  was  committed  in  an
10        aggressive or premeditated manner;
11             (vi)  Whether the minor used or possessed  a  deadly
12        weapon when committing the alleged offense.
13        In  considering  these  factors,  the  court  shall  give
14    greater  weight to the seriousness of the alleged offense and
15    the minor's prior record of delinquency than to other factors
16    listed in this subsection.
17        (2)  Procedures  for   extended   jurisdiction   juvenile
18    prosecutions.  (a)  The  State's  Attorney may file a written
19    motion for a proceeding  to  be  designated  as  an  extended
20    juvenile jurisdiction prior to commencement of trial.  Notice
21    of  the  motion  shall  be  in compliance with Section 5-530.
22    When the State's Attorney  files  a  written  motion  that  a
23    proceeding  be  designated  an extended jurisdiction juvenile
24    prosecution, the court shall commence  a  hearing  within  30
25    days of the filing of the motion for designation, unless good
26    cause  is shown by the prosecution or the minor as to why the
27    hearing could not be held within this time  period.   If  the
28    court  finds  good  cause  has  been  demonstrated,  then the
29    hearing shall be held within 60 days of  the  filing  of  the
30    motion.   The hearings shall be open to the public unless the
31    judge finds  that  the  hearing  should  be  closed  for  the
32    protection  of any party, victim or witness.  If the Juvenile
33    Judge assigned to hear and determine a motion to designate an
34    extended jurisdiction juvenile  prosecution  determines  that
 
                            -3-      LRB093 05589 RLC 15386 a
 1    there  is  probable  cause to believe that the allegations in
 2    the petition and motion are true the court  shall  grant  the
 3    motion for designation.  Information used by the court in its
 4    findings  or  stated  in  or  offered in connection with this
 5    Section  may  be  by  way  of  proffer  based   on   reliable
 6    information  offered by the State or the minor.  All evidence
 7    shall be admissible if it is relevant and reliable regardless
 8    of  whether  it  would  be  admissible  under  the  rules  of
 9    evidence.
10        (3)  Trial.  A  minor  who  is  subject  of  an  extended
11    jurisdiction  juvenile  prosecution has the right to trial by
12    jury.  Any trial under this Section  shall  be  open  to  the
13    public.
14        (4)  Sentencing.   If  an  extended jurisdiction juvenile
15    prosecution under subsections (1) results in a guilty plea, a
16    verdict of guilty, or a finding of  guilt,  the  court  shall
17    impose the following:
18             (i)  one  or  more  juvenile sentences under Section
19        5-710; and
20             (ii)  an adult criminal sentence in accordance  with
21        the  provisions  of  Chapter  V  of  the  Unified Code of
22        Corrections, the execution of which shall  be  stayed  on
23        the   condition   that   the  offender  not  violate  the
24        provisions of the juvenile sentence.
25    Any sentencing hearing under this Section shall  be  open  to
26    the public.
27        (5)  If,   after   an   extended   jurisdiction  juvenile
28    prosecution trial, a minor is convicted of a  lesser-included
29    offense  or  of  an offense that the State's Attorney did not
30    designate as an extended jurisdiction  juvenile  prosecution,
31    the  State's  Attorney  may  file a written motion, within 10
32    days of the finding of guilt, that the minor be sentenced  as
33    an  extended jurisdiction juvenile prosecution offender.  The
34    court shall rule on this motion using the  factors  found  in
 
                            -4-      LRB093 05589 RLC 15386 a
 1    paragraph (1) (b) of this Section 5-805.  If the court denies
 2    the  State's  Attorney's  motion  for  sentencing  under  the
 3    extended  jurisdiction  juvenile  prosecution  provision, the
 4    court shall proceed  to  sentence  the  minor  under  Section
 5    5-710.
 6        (6)  When  it  appears  that  a  minor  convicted  in  an
 7    extended  jurisdiction  juvenile prosecution under subsection
 8    (1) has violated the conditions of his or her sentence, or is
 9    alleged to have committed a new offense upon the filing of  a
10    petition  to  revoke the stay, the court may, without notice,
11    issue a warrant for the arrest of the minor. After a hearing,
12    if the court finds by a preponderance of  the  evidence  that
13    the  minor  committed  a  new offense, the court  shall order
14    execution of the previously imposed adult criminal  sentence.
15    After a hearing, if the court finds by a preponderance of the
16    evidence  that  the minor committed a violation of his or her
17    sentence other than by a new offense,  the  court  may  order
18    execution  of  the previously imposed adult criminal sentence
19    or may continue him or her on the existing juvenile  sentence
20    with  or  without modifying or enlarging the conditions. Upon
21    revocation of the stay of the  adult  criminal  sentence  and
22    imposition   of   that   sentence,   the   minor's   extended
23    jurisdiction   juvenile   status  shall  be  terminated.  The
24    on-going jurisdiction over the minor's case shall be  assumed
25    by  the  adult criminal court and juvenile court jurisdiction
26    shall be terminated and a report of  the  imposition  of  the
27    adult  sentence  shall  be  sent  to  the Department of State
28    Police.
29        (7)  Upon successful completion of the juvenile  sentence
30    the court shall vacate the adult criminal sentence.
31        (8)  Nothing  in  this  Section  precludes the State from
32    filing a motion for transfer under Section 5-805.
33    (Source: P.A. 90-590, eff. 1-1-99.)
 
                            -5-      LRB093 05589 RLC 15386 a
 1        Section 99.  Effective date.  This Act takes effect  upon
 2    becoming law.".