State of Illinois
91st General Assembly
Legislation

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91_HB4626

 
                                               LRB9113089TAks

 1        AN ACT concerning crime.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Juvenile Court Act of 1987 is amended by
 5    changing Sections 5-130 and 5-805 as follows:

 6        (705 ILCS 405/5-130)
 7        Sec.  5-130.  Excluded jurisdiction.
 8        (1) (a)  The definition of delinquent minor under Section
 9    5-120 of this Article shall not apply to any minor who at the
10    time of an offense was at least 15 years of age  and  who  is
11    charged  with first degree murder, aggravated criminal sexual
12    assault, aggravated battery with a  firearm  committed  in  a
13    school,  on  the  real  property  comprising a school, within
14    1,000 feet of the real property comprising  a  school,  at  a
15    school  related  activity, or on, boarding, or departing from
16    any conveyance owned, leased, or contracted by  a  school  or
17    school  district to transport students to or from school or a
18    school related activity regardless of the time of day or time
19    of year that the offense was committed,  armed  robbery  when
20    the armed robbery was committed with a firearm, or aggravated
21    vehicular  hijacking  when the hijacking was committed with a
22    firearm.
23        These charges and all other charges arising  out  of  the
24    same  incident shall be prosecuted under the criminal laws of
25    this State.
26        For purposes of this paragraph (a) of subsection (l):
27        "School"  means  a  public  or  private   elementary   or
28    secondary school, community college, college, or university.
29        "School  related  activity"  means  any sporting, social,
30    academic or other activity for which students' attendance  or
31    participation  is sponsored, organized, or funded in whole or
 
                            -2-                LRB9113089TAks
 1    in part by a school or school district.
 2        (b) (i)  If  before  trial  or  plea  an  information  or
 3    indictment is filed that does not charge an offense specified
 4    in paragraph (a) of this subsection (1) the State's  Attorney
 5    may  proceed  on  any  lesser  charge or charges, but only in
 6    Juvenile Court under the provisions  of  this  Article.   The
 7    State's  Attorney may proceed under the Criminal Code of 1961
 8    on a lesser  charge  if  before  trial  the  minor  defendant
 9    knowingly  and with advice of counsel waives, in writing, his
10    or her right to have the matter proceed in Juvenile Court.
11        (ii)  If  before  trial  or  plea   an   information   or
12    indictment  is  filed  that  includes  one  or  more  charges
13    specified  in  paragraph  (a)  of  this  subsection  (1)  and
14    additional  charges that are not specified in that paragraph,
15    all of the charges arising out of the same incident shall  be
16    prosecuted under the Criminal Code of 1961.
17        (c) (i)  If after trial or plea the minor is convicted of
18    any  offense covered by paragraph (a) of this subsection (1),
19    then, in sentencing the minor, the court shall have available
20    any or all dispositions prescribed  for  that  offense  under
21    Chapter V of the Unified Code of Corrections.
22        (ii)  If  after  trial  or  plea the court finds that the
23    minor committed an offense not covered by  paragraph  (a)  of
24    this  subsection  (1),  that finding shall not invalidate the
25    verdict or the prosecution of the minor  under  the  criminal
26    laws  of  the  State;   however,  unless the State requests a
27    hearing for the purpose of sentencing the minor under Chapter
28    V of the Unified Code of Corrections, the Court must  proceed
29    under Sections 5-705 and 5-710 of this Article.  To request a
30    hearing,  the State must file a written motion within 10 days
31    following the entry of a finding or the return of a  verdict.
32    Reasonable  notice  of the motion shall be given to the minor
33    or his or her counsel.  If the motion is made by  the  State,
34    the  court shall conduct a hearing to determine if  the minor
 
                            -3-                LRB9113089TAks
 1    should be sentenced under Chapter V of the  Unified  Code  of
 2    Corrections.   In  making  its determination, the court shall
 3    consider among other matters: (a) whether there  is  evidence
 4    that   the   offense  was  committed  in  an  aggressive  and
 5    premeditated manner; (b)  the  age  of  the  minor;  (c)  the
 6    previous   history  of  the  minor;  (d)  whether  there  are
 7    facilities particularly available to the  Juvenile  Court  or
 8    the  Department  of  Corrections,  Juvenile Division, for the
 9    treatment and rehabilitation of the minor;  (e)  whether  the
10    security of the public requires sentencing under Chapter V of
11    the  Unified  Code  of Corrections; and (f) whether the minor
12    possessed a deadly weapon when committing the  offense.   The
13    rules of evidence shall be the same as if at trial.  If after
14    the  hearing  the  court  finds  that  the  minor  should  be
15    sentenced under Chapter V of the Unified Code of Corrections,
16    then  the  court  shall sentence the minor accordingly having
17    available to it any or all dispositions so prescribed.
18        (2) (a)  The  definition  of  a  delinquent  minor  under
19    Section 5-120 of this Article shall not apply  to  any  minor
20    who  at  the time of the offense was at least 15 years of age
21    and who is charged with an offense under Section 401  of  the
22    Illinois  Controlled  Substances  Act,  while  in  a  school,
23    regardless  of  the  time  of day or the time of year, or any
24    conveyance  owned,  leased  or  contracted  by  a  school  to
25    transport students to or from  school  or  a  school  related
26    activity,  or residential property owned, operated or managed
27    by a public housing agency or  leased  by  a  public  housing
28    agency   as   part   of  a  scattered  site  or  mixed-income
29    development,  on the real  property  comprising  any  school,
30    regardless  of  the  time  of  day  or  the  time of year, or
31    residential property owned, operated or managed by  a  public
32    housing  agency  or leased by a public housing agency as part
33    of a scattered site or  mixed-income  development,  or  on  a
34    public  way within 1,000 feet of the real property comprising
 
                            -4-                LRB9113089TAks
 1    any school, regardless of the time of  day  or  the  time  of
 2    year, or residential property owned, operated or managed by a
 3    public housing agency or leased by a public housing agency as
 4    part  of a scattered site or mixed-income development. School
 5    is defined, for the purposes of this Section, as  any  public
 6    or private elementary or secondary school, community college,
 7    college,  or university.  These charges and all other charges
 8    arising out of the same incident shall  be  prosecuted  under
 9    the criminal laws of this State.
10        (b) (i)  If  before  trial  or  plea  an  information  or
11    indictment is filed that does not charge an offense specified
12    in  paragraph (a) of this subsection (2) the State's Attorney
13    may proceed on any lesser charge  or  charges,  but  only  in
14    Juvenile  Court  under  the  provisions of this Article.  The
15    State's Attorney may proceed under the criminal laws of  this
16    State  on a lesser charge if before trial the minor defendant
17    knowingly and with advice of counsel waives, in writing,  his
18    or her right to have the matter proceed in Juvenile Court.
19        (ii)  If   before   trial   or  plea  an  information  or
20    indictment  is  filed  that  includes  one  or  more  charges
21    specified  in  paragraph  (a)  of  this  subsection  (2)  and
22    additional charges that are not specified in that  paragraph,
23    all  of the charges arising out of the same incident shall be
24    prosecuted under the criminal laws of this State.
25        (c) (i)  If after trial or plea the minor is convicted of
26    any offense covered by paragraph (a) of this subsection  (2),
27    then, in sentencing the minor, the court shall have available
28    any  or  all  dispositions  prescribed for that offense under
29    Chapter V of the Unified Code of Corrections.
30        (ii)  If after trial or plea the  court  finds  that  the
31    minor  committed  an  offense not covered by paragraph (a) of
32    this subsection (2), that finding shall  not  invalidate  the
33    verdict  or  the  prosecution of the minor under the criminal
34    laws of the State;  however,  unless  the  State  requests  a
 
                            -5-                LRB9113089TAks
 1    hearing for the purpose of sentencing the minor under Chapter
 2    V  of the Unified Code of Corrections, the Court must proceed
 3    under Sections 5-705 and 5-710 of this Article.  To request a
 4    hearing, the State must file a written motion within 10  days
 5    following  the entry of a finding or the return of a verdict.
 6    Reasonable notice of the motion shall be given to  the  minor
 7    or  his  or her counsel.  If the motion is made by the State,
 8    the court shall conduct a hearing to determine if  the  minor
 9    should  be  sentenced  under Chapter V of the Unified Code of
10    Corrections.  In making its determination,  the  court  shall
11    consider  among  other matters: (a) whether there is evidence
12    that  the  offense  was  committed  in  an   aggressive   and
13    premeditated  manner;  (b)  the  age  of  the  minor; (c) the
14    previous  history  of  the  minor;  (d)  whether  there   are
15    facilities  particularly  available  to the Juvenile Court or
16    the Department of Corrections,  Juvenile  Division,  for  the
17    treatment  and  rehabilitation  of the minor; (e) whether the
18    security of the public requires sentencing under Chapter V of
19    the Unified Code of Corrections; and (f)  whether  the  minor
20    possessed  a  deadly weapon when committing the offense.  The
21    rules of evidence shall be the same as if at trial.  If after
22    the  hearing  the  court  finds  that  the  minor  should  be
23    sentenced under Chapter V of the Unified Code of Corrections,
24    then the court shall sentence the  minor  accordingly  having
25    available to it any or all dispositions so prescribed.
26        (3) (a)  The definition of delinquent minor under Section
27    5-120 of this Article shall not apply to any minor who at the
28    time  of  the offense was at least 15 years of age and who is
29    charged with a violation of the provisions of Section 20-3 or
30    paragraph (1), (3), (4), (7), (9) or (10) of  subsection  (a)
31    of  Section  24-1  of  the  Criminal  Code of 1961 while in a
32    school, regardless of the time of day or the time of year, or
33    on the real property comprising a any  school,  within  1,000
34    feet  of  the  real property comprising a school, at a school
 
                            -6-                LRB9113089TAks
 1    related activity, or on,  boarding,  or  departing  from  any
 2    conveyance owned, leased, or contracted by a school or school
 3    district  to transport students to or from school or a school
 4    related activity, regardless of the time of day or  the  time
 5    of  year. School is defined, for purposes of this Section, as
 6    any public  or  private  day  care  center,  nursery  school,
 7    kindergarten, camp, day camp, elementary or secondary school,
 8    community  college,  college,  or university. "School related
 9    activity" means any  sporting,  social,  academic,  or  other
10    activity  for  which students' attendance or participation is
11    sponsored, organized, or funded in whole  or  in  part  by  a
12    school  or  school  district.  These  charges  and  all other
13    charges arising out of the same incident shall be  prosecuted
14    under the criminal laws of this State.
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 (3) 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 laws of  this
21    State  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  (3)  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 laws of this State.
30        (c) (i)  If after trial or plea the minor is convicted of
31    any offense covered by paragraph (a) of this subsection  (3),
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.
 
                            -7-                LRB9113089TAks
 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 (3), 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        (4) (a)  The definition of delinquent minor under Section
32    5-120 of this Article shall not apply to any minor who at the
33    time  of  an  offense was at least 13 years of age and who is
34    charged with first degree murder committed during the  course
 
                            -8-                LRB9113089TAks
 1    of either aggravated criminal sexual assault, criminal sexual
 2    assault,  or  aggravated kidnaping.  However, this subsection
 3    (4) does not include a minor charged with first degree murder
 4    based exclusively upon the accountability provisions  of  the
 5    Criminal Code of 1961.
 6        (b) (i)  If  before  trial  or  plea  an  information  or
 7    indictment  is filed that does not charge first degree murder
 8    committed during the course  of  aggravated  criminal  sexual
 9    assault,  criminal  sexual  assault, or aggravated kidnaping,
10    the State's Attorney may proceed  on  any  lesser  charge  or
11    charges,  but  only in Juvenile Court under the provisions of
12    this Article.  The State's Attorney  may  proceed  under  the
13    criminal  laws  of  this  State  on a lesser charge if before
14    trial the  minor  defendant  knowingly  and  with  advice  of
15    counsel  waives,  in  writing,  his  or her right to have the
16    matter proceed in Juvenile Court.
17        (ii)  If  before  trial  or  plea   an   information   or
18    indictment   is  filed  that  includes  first  degree  murder
19    committed during the course  of  aggravated  criminal  sexual
20    assault,  criminal  sexual  assault, or aggravated kidnaping,
21    and additional charges that are not  specified  in  paragraph
22    (a) of this subsection, all of the charges arising out of the
23    same  incident shall be prosecuted under the criminal laws of
24    this State.
25        (c) (i)  If after trial or plea the minor is convicted of
26    first degree murder committed during the course of aggravated
27    criminal  sexual  assault,  criminal   sexual   assault,   or
28    aggravated  kidnaping,  in  sentencing  the  minor, the court
29    shall have available any or all dispositions  prescribed  for
30    that  offense  under  Chapter  V   of  the  Unified  Code  of
31    Corrections.
32        (ii)  If  the  minor  was  not yet 15 years of age at the
33    time of the offense, and if after trial  or  plea  the  court
34    finds  that  the  minor committed an offense other than first
 
                            -9-                LRB9113089TAks
 1    degree  murder  committed  during  the   course   of   either
 2    aggravated  criminal sexual assault, criminal sexual assault,
 3    or aggravated kidnapping, the finding  shall  not  invalidate
 4    the  verdict  or  the  prosecution  of  the  minor  under the
 5    criminal  laws  of  the  State;  however,  unless  the  State
 6    requests a hearing for the purpose of  sentencing  the  minor
 7    under Chapter V of the Unified Code of Corrections, the Court
 8    must  proceed under Sections 5-705 and 5-710 of this Article.
 9    To request a hearing, the State must file  a  written  motion
10    within 10 days following the entry of a finding or the return
11    of a verdict.  Reasonable notice of the motion shall be given
12    to the minor or his or her counsel.  If the motion is made by
13    the  State,  the  court  shall conduct a hearing to determine
14    whether the minor should be sentenced under Chapter V of  the
15    Unified  Code  of  Corrections.  In making its determination,
16    the court shall consider among other  matters:   (a)  whether
17    there  is  evidence  that  the  offense  was  committed in an
18    aggressive and premeditated  manner;   (b)  the  age  of  the
19    minor;   (c)  the  previous  delinquent history of the minor;
20    (d) whether there are facilities  particularly  available  to
21    the Juvenile Court or the Department of Corrections, Juvenile
22    Division,  for the treatment and rehabilitation of the minor;
23    (e) whether the best interest of the minor and  the  security
24    of  the  public  require  sentencing  under  Chapter V of the
25    Unified Code of  Corrections;   and  (f)  whether  the  minor
26    possessed  a  deadly weapon when committing the offense.  The
27    rules of evidence shall be the same as if at trial.  If after
28    the  hearing  the  court  finds  that  the  minor  should  be
29    sentenced under Chapter V of the Unified Code of Corrections,
30    then the court shall sentence the  minor  accordingly  having
31    available to it any or all dispositions so prescribed.
32        (5) (a)  The definition of delinquent minor under Section
33    5-120  of  this  Article  shall not apply to any minor who is
34    charged with a violation of subsection (a) of Section 31-6 or
 
                            -10-               LRB9113089TAks
 1    Section 32-10 of the Criminal Code of 1961 when the minor  is
 2    subject  to prosecution under the criminal laws of this State
 3    as a result of the application of the provisions  of  Section
 4    5-125,  or  subsection  (1)  or  (2)  of this Section.  These
 5    charges and  all  other  charges  arising  out  of  the  same
 6    incident  shall be prosecuted under the criminal laws of this
 7    State.
 8        (b) (i)  If  before  trial  or  plea  an  information  or
 9    indictment is filed that does not charge an offense specified
10    in paragraph (a) of this subsection (5), the State's Attorney
11    may proceed on any lesser charge  or  charges,  but  only  in
12    Juvenile  Court  under  the  provisions of this Article.  The
13    State's Attorney may proceed under the criminal laws of  this
14    State  on a lesser charge if before trial the minor defendant
15    knowingly and with advice of counsel waives, in writing,  his
16    or her right to have the matter proceed in Juvenile Court.
17        (ii)  If   before   trial   or  plea  an  information  or
18    indictment  is  filed  that  includes  one  or  more  charges
19    specified  in  paragraph  (a)  of  this  subsection  (5)  and
20    additional charges that are not specified in that  paragraph,
21    all  of the charges arising out of the same incident shall be
22    prosecuted under the criminal laws of this State.
23        (c) (i)  If after trial or plea the minor is convicted of
24    any offense covered by paragraph (a) of this subsection  (5),
25    then, in sentencing the minor, the court shall have available
26    any  or  all  dispositions  prescribed for that offense under
27    Chapter V  of the Unified Code of Corrections.
28        (ii)  If after trial or plea the  court  finds  that  the
29    minor  committed  an  offense not covered by paragraph (a) of
30    this subsection (5), the conviction shall not invalidate  the
31    verdict  or  the  prosecution of the minor under the criminal
32    laws of this State;  however, unless  the  State  requests  a
33    hearing for the purpose of sentencing the minor under Chapter
34    V  of the Unified Code of Corrections, the Court must proceed
 
                            -11-               LRB9113089TAks
 1    under Sections 5-705 and 5-710 of this Article. To request  a
 2    hearing,  the State must file a written motion within 10 days
 3    following the entry of a finding or the return of a  verdict.
 4    Reasonable  notice  of the motion shall be given to the minor
 5    or his or her counsel.  If the motion is made by  the  State,
 6    the court shall conduct a hearing to determine if whether the
 7    minor should be sentenced under Chapter V of the Unified Code
 8    of Corrections.  In making its determination, the court shall
 9    consider  among other matters:  (a) whether there is evidence
10    that  the  offense  was  committed  in  an   aggressive   and
11    premeditated  manner;   (b)  the  age  of the minor;  (c) the
12    previous delinquent history of the minor;  (d) whether  there
13    are  facilities  particularly available to the Juvenile Court
14    or the Department of Corrections, Juvenile Division, 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
21    sentenced under Chapter V of the Unified Code of Corrections,
22    then the court shall sentence the  minor  accordingly  having
23    available to it any or all dispositions so prescribed.
24        (6)  The  definition  of  delinquent  minor under Section
25    5-120 of this Article shall  not  apply  to  any  minor  who,
26    pursuant  to subsection (1), (2), or (3) or Section 5-805, or
27    5-810, has previously been placed under the  jurisdiction  of
28    the criminal court and has been convicted of a crime under an
29    adult  criminal  or  penal  statute.  Such  a  minor shall be
30    subject to prosecution under the criminal laws of this State.
31        (7)  The procedures set  out  in  this  Article  for  the
32    investigation,  arrest  and prosecution of juvenile offenders
33    shall not apply to minors who are excluded from  jurisdiction
34    of  the  Juvenile Court, except that minors under 17 years of
 
                            -12-               LRB9113089TAks
 1    age shall be kept separate from confined adults.
 2        (8)  Nothing  in  this  Act  prohibits  or   limits   the
 3    prosecution of any minor for an offense committed on or after
 4    his or her 17th birthday even though he or she is at the time
 5    of the offense a ward of the court.
 6        (9)  If an original petition for adjudication of wardship
 7    alleges  the commission by a minor 13 years of age or over of
 8    an act that constitutes a crime under the laws of this State,
 9    the minor, with the consent of his or her  counsel,  may,  at
10    any  time  before  commencement  of the adjudicatory hearing,
11    file with the court a motion  that  criminal  prosecution  be
12    ordered and that the petition be dismissed insofar as the act
13    or  acts  involved in the criminal proceedings are concerned.
14    If such a motion is filed as herein provided, the court shall
15    enter its order accordingly.
16    (Source:  P.A.  90-590,  eff.  1-1-99;  91-15,  eff.  1-1-00;
17    91-673, eff. 12-22-99; revised 1-7-00.)

18        (705 ILCS 405/5-805)
19        Sec. 5-805.  Transfer of jurisdiction.
20        (1)  Mandatory transfers.
21             (a)  If a petition alleges commission by a minor  15
22        years  of  age  or  older  of  an  act that constitutes a
23        forcible felony under the laws of this State,  and  if  a
24        motion  by  the  State's  Attorney to prosecute the minor
25        under the criminal  laws  of  Illinois  for  the  alleged
26        forcible felony alleges that (i) the minor has previously
27        been   adjudicated   delinquent   or   found  guilty  for
28        commission of an act that constitutes a felony under  the
29        laws  of  this  State or any other state and (ii) the act
30        that constitutes the offense was committed in furtherance
31        of criminal activity by an organized gang,  the  Juvenile
32        Judge assigned to hear and determine those motions shall,
33        upon  determining  that there is probable cause that both
 
                            -13-               LRB9113089TAks
 1        allegations  are  true,   enter   an   order   permitting
 2        prosecution under the criminal laws of Illinois.
 3             (b)  If  a petition alleges commission by a minor 15
 4        years of age or older of an act that constitutes a felony
 5        under the laws of this  State,  and  if  a  motion  by  a
 6        State's   Attorney  to  prosecute  the  minor  under  the
 7        criminal laws of Illinois for the alleged felony  alleges
 8        that  (i)  the  minor  has  previously  been  adjudicated
 9        delinquent  or found guilty for commission of an act that
10        constitutes a forcible felony  under  the  laws  of  this
11        State   or   any  other  state  and  (ii)  the  act  that
12        constitutes the offense was committed in  furtherance  of
13        criminal  activities  by  an organized gang, the Juvenile
14        Judge assigned to hear and determine those motions shall,
15        upon determining that there is probable cause  that  both
16        allegations   are   true,   enter   an  order  permitting
17        prosecution under the criminal laws of Illinois.
18             (c)  If a petition alleges commission by a minor  15
19        years  of age or older of: (i) an act that constitutes an
20        offense enumerated in the presumptive transfer provisions
21        of subsection (2); and (ii) the minor has previously been
22        adjudicated delinquent or  found  guilty  of  a  forcible
23        felony,   the  Juvenile  Judge  designated  to  hear  and
24        determine those  motions  shall,  upon  determining  that
25        there  is  probable cause that both allegations are true,
26        enter an order permitting prosecution under the  criminal
27        laws of Illinois.
28             (d)  If  a petition alleges commission by a minor 15
29        years of age or older of  an  act  that  constitutes  the
30        offense of aggravated discharge of a firearm committed in
31        a  school,  on  the  real  property  comprising a school,
32        within 1,000 feet  of  the  real  property  comprising  a
33        school, at a school related activity, or on, boarding, or
34        departing   from   any   conveyance   owned,  leased,  or
 
                            -14-               LRB9113089TAks
 1        contracted by a school or school  district  to  transport
 2        students  to or from school or a school related activity,
 3        regardless of the time of day or the time  of  year,  the
 4        juvenile  judge  designated  to  hear and determine those
 5        motions shall, upon determining that  there  is  probable
 6        cause  that  the  allegations  are  true,  enter an order
 7        permitting  prosecution  under  the  criminal   laws   of
 8        Illinois.
 9             For  purposes  of  this  paragraph (d) of subsection
10        (1):
11             "School" means a public  or  private  elementary  or
12        secondary   school,   community   college,   college,  or
13        university.
14             "School  related  activity"  means   any   sporting,
15        social,  academic,  or other activity for which students'
16        attendance or participation is sponsored,  organized,  or
17        funded  in  whole  or  in  part  by  a  school  or school
18        district.
19             (e)  If a petition alleges commission by a minor  15
20        years  of  age  or  older  of  an  act that constitutes a
21        violation of the provisions of paragraph (1),  (3),  (5),
22        or  (6) of subsection (a) of Section 24-1 of the Criminal
23        Code of 1961 while in a  school,  on  the  real  property
24        comprising  a  school,  within  1,000  feet  of  the real
25        property  comprising  a  school,  at  a  school   related
26        activity,   or   on,  boarding,  or  departing  from  any
27        conveyance owned, leased, or contracted by  a  school  or
28        school  district  to transport students to or from school
29        or a school related activity, regardless of the  time  of
30        day or the time of year, the juvenile judge designated to
31        hear  and determine those matters shall, upon determining
32        that there is probable cause  that  the  allegations  are
33        true,  enter  an  order  permitting prosecution under the
34        criminal laws of Illinois.
 
                            -15-               LRB9113089TAks
 1             For purposes of paragraphs (d) and (e) of subsection
 2        (1):
 3             "School" means a public or private day care  center,
 4        nursery  school, kindergarten, camp, day camp, elementary
 5        or  secondary  school,  community  college,  college,  or
 6        university.
 7             "School  related  activity"  means   any   sporting,
 8        social,  academic,  or other activity for which students'
 9        attendance or participation is sponsored,  organized,  or
10        funded  in  whole  or  in  part  by  a  school  or school
11        district.
12        (2)  Presumptive transfer.
13             (a)  If the State's Attorney files  a  petition,  at
14        any  time  prior to commencement of the minor's trial, to
15        permit  prosecution  under  the  criminal  laws  and  the
16        petition alleges the commission by a minor  15  years  of
17        age  or  older  of: (i) a Class X felony other than armed
18        violence; (ii) aggravated discharge of a firearm;   (iii)
19        armed  violence with a firearm when the predicate offense
20        is a Class 1 or Class 2 felony and the State's Attorney's
21        motion to transfer the  case  alleges  that  the  offense
22        committed is in furtherance of the criminal activities of
23        an  organized  gang;  (iv)  armed violence with a firearm
24        when the predicate offense is a violation of the Illinois
25        Controlled Substances Act or a violation of the  Cannabis
26        Control  Act; (v) armed violence when the weapon involved
27        was a machine gun or other weapon described in subsection
28        (a)(7) of Section 24-1 of the Criminal Code of 1961, and,
29        if the juvenile judge  assigned  to  hear  and  determine
30        motions  to  transfer  a  case  for  prosecution  in  the
31        criminal court determines that there is probable cause to
32        believe  that  the allegations in the petition and motion
33        are true, there is  a  rebuttable  presumption  that  the
34        minor  is  not  a fit and proper subject to be dealt with
 
                            -16-               LRB9113089TAks
 1        under the Juvenile  Justice  Reform  Provisions  of  1998
 2        (Public  Act  90-590),  and  that,  except as provided in
 3        paragraph (b), the case  should  be  transferred  to  the
 4        criminal court.
 5             (b)  The  judge  shall  enter  an  order  permitting
 6        prosecution  under  the  criminal laws of Illinois unless
 7        the 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
11        of the following:
12             (i)  The seriousness of the alleged offense;
13             (ii)  The minor's history of delinquency;
14             (iii)  The age of the minor;
15             (iv)   The culpability of the  minor  in  committing
16        the alleged offense;
17             (v)  Whether   the   offense  was  committed  in  an
18        aggressive or premeditated manner;
19             (vi)  Whether the minor used or possessed  a  deadly
20        weapon when committing the alleged offense;
21             (vii)  The  minor's  history  of services, including
22        the minor's willingness to  participate  meaningfully  in
23        available services;
24             (viii) Whether there is a reasonable likelihood that
25        the  minor  can be rehabilitated before the expiration of
26        the juvenile court's jurisdiction;
27             (ix)  The adequacy of  the  punishment  or  services
28        available in the juvenile justice system.
29        In  considering  these  factors,  the  court  shall  give
30    greater  weight to the seriousness of the alleged offense and
31    the minor's prior record of delinquency  than  to  the  other
32    factors listed in this subsection.
33        (3)  Discretionary transfer.
34             (a)  If  a petition alleges commission by a minor 13
 
                            -17-               LRB9113089TAks
 1        years of age or over of an act that constitutes  a  crime
 2        under  the  laws  of  this  State  and,  on motion of the
 3        State's Attorney to permit prosecution of the minor under
 4        the criminal laws, a Juvenile Judge assigned by the Chief
 5        Judge of the Circuit to hear and determine those motions,
 6        after hearing but before commencement of the trial, finds
 7        that  there  is  probable  cause  to  believe  that   the
 8        allegations  in the motion are true and that it is not in
 9        the best interests of the public to  proceed  under  this
10        Act,  the court may enter an order permitting prosecution
11        under the criminal laws.
12             (b)  In making its determination on  the  motion  to
13        permit  prosecution  under  the  criminal laws, the court
14        shall consider among other matters:
15             (i)  The seriousness of the alleged offense;
16             (ii)  The minor's history of delinquency;
17             (iii)  The age of the minor;
18             (iv)  The culpability of the minor in committing the
19        alleged offense;
20             (v)  Whether  the  offense  was  committed   in   an
21        aggressive or premeditated manner;
22             (vi)  Whether  the  minor used or possessed a deadly
23        weapon when committing the alleged offense;
24             (vii)  The minor's history  of  services,  including
25        the  minor's  willingness  to participate meaningfully in
26        available services;
27             (viii)  The adequacy of the punishment  or  services
28        available in the juvenile justice system.
29        In  considering  these  factors,  the  court  shall  give
30    greater  weight to the seriousness of the alleged offense and
31    the minor's prior record of delinquency  than  to  the  other
32    factors listed in this subsection.
33        (4)  The  rules of evidence for this hearing shall be the
34    same as under Section 5-705 of this Act.   A  minor  must  be
 
                            -18-               LRB9113089TAks
 1    represented  in  court  by  counsel before the hearing may be
 2    commenced.
 3        (5)  If criminal proceedings are instituted, the petition
 4    for adjudication of wardship shall be  dismissed  insofar  as
 5    the act or acts involved in the criminal proceedings.  Taking
 6    of  evidence  in  a  trial  on  petition  for adjudication of
 7    wardship is a bar to  criminal  proceedings  based  upon  the
 8    conduct alleged in the petition.
 9    (Source:  P.A.  90-590,  eff.  1-1-99;  91-15,  eff.  1-1-00;
10    91-357, eff. 7-29-99.)

11        Section  10.   The  Criminal  Code  of 1961 is amended by
12    adding Section 20-3 and by changing Sections 24-1 and  25-1.1
13    as follows:

14        (720 ILCS 5/20-3 new)
15        Sec.   20-3.  Aggravated   possession  of  explosives  or
16    explosive or incendiary devices.
17        (a)  A  person  commits   the   offense   of   aggravated
18    possession  of  explosives or explosive or incendiary devices
19    in violation of this  Section  when  that  person  possesses,
20    manufactures,  or transports any explosive compound or timing
21    or detonating device for use with any explosive  compound  or
22    incendiary device and either intends to use that explosive or
23    device  to  commit any offense, or knows that another intends
24    to use that explosive or device to commit a felony, while  in
25    a  school,  on  the real property comprising a school, within
26    1,000 feet of the real property comprising  a  school,  at  a
27    school  related  activity, or on, boarding, or departing from
28    any conveyance owned, leased, or contracted by  a  school  or
29    school  district to transport students to or from school or a
30    school related activity, regardless of the time of day or the
31    time of year.
32        For purposes of this Section:
 
                            -19-               LRB9113089TAks
 1        "School" means a  public  or  private  day  care  center,
 2    nursery  school,  kindergarten, camp, day camp, elementary or
 3    secondary school, community college, college, or university.
 4        "School related activity"  means  any  sporting,  social,
 5    academic, or other activity for which students' attendance or
 6    participation  is sponsored, organized, or funded in whole or
 7    in part by a school or school district.
 8        (b)  Sentence.  Aggravated possession  of  explosives  or
 9    explosive  or incendiary devices in violation of this Section
10    is a Class X felony for which a person shall be sentenced  to
11    a  term  of  imprisonment  of not less than 10 years nor more
12    than 60 years.

13        (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
14        Sec. 24-1. Unlawful Use of Weapons.
15        (a)  A person commits the  offense  of  unlawful  use  of
16    weapons when he knowingly:
17             (1)  Sells,  manufactures,  purchases,  possesses or
18        carries any bludgeon, black-jack, slung-shot,  sand-club,
19        sand-bag,  metal  knuckles,  throwing star, or any knife,
20        commonly referred to as a switchblade knife, which has  a
21        blade  that  opens automatically by hand pressure applied
22        to a button, spring or other device in the handle of  the
23        knife,  or  a  ballistic  knife,  which  is a device that
24        propels a knifelike blade as a projectile by means  of  a
25        coil spring, elastic material or compressed gas; or
26             (2)  Carries  or  possesses  with  intent to use the
27        same unlawfully against another, a dagger,  dirk,  billy,
28        dangerous  knife, razor, stiletto, broken bottle or other
29        piece of glass, stun gun or taser or any other  dangerous
30        or deadly weapon or instrument of like character; or
31             (3)  Carries  on  or  about  his  person  or  in any
32        vehicle, a tear gas gun projector or bomb or  any  object
33        containing noxious liquid gas or substance, other than an
 
                            -20-               LRB9113089TAks
 1        object  containing  a  non-lethal  noxious  liquid gas or
 2        substance designed solely for personal defense carried by
 3        a person 18 years of age or older; or
 4             (4)  Carries  or  possesses  in   any   vehicle   or
 5        concealed  on or about his person except when on his land
 6        or in his own  abode  or  fixed  place  of  business  any
 7        pistol, revolver, stun gun or taser or other firearm; or
 8             (5)  Sets a spring gun; or
 9             (6)  Possesses  any device or attachment of any kind
10        designed, used or  intended  for  use  in  silencing  the
11        report of any firearm; or
12             (7)  Sells,  manufactures,  purchases,  possesses or
13        carries:
14                  (i)  a machine gun, which shall be defined  for
15             the purposes of this subsection as any weapon, which
16             shoots,  is  designed  to  shoot,  or can be readily
17             restored to shoot, automatically more than one  shot
18             without  manually  reloading by a single function of
19             the trigger, including the frame or receiver of  any
20             such  weapon,  or  sells,  manufactures,  purchases,
21             possesses,  or  carries  any  combination  of  parts
22             designed  or  intended  for  use  in  converting any
23             weapon into a machine gun,  or  any  combination  or
24             parts  from  which a machine gun can be assembled if
25             such parts  are  in  the  possession  or  under  the
26             control of a person;
27                  (ii)  any rifle having one or more barrels less
28             than  16 inches in length or a shotgun having one or
29             more barrels less than 18 inches in  length  or  any
30             weapon  made  from  a  rifle  or shotgun, whether by
31             alteration, modification, or otherwise,  if  such  a
32             weapon  as  modified  has  an overall length of less
33             than 26 inches; or
34                  (iii)  any bomb, bomb-shell, grenade, bottle or
 
                            -21-               LRB9113089TAks
 1             other container containing an explosive substance of
 2             over one-quarter ounce for like purposes,  such  as,
 3             but  not  limited to, black powder bombs and Molotov
 4             cocktails or artillery projectiles; or
 5             (8)  Carries or possesses any firearm, stun  gun  or
 6        taser  or  other  deadly  weapon  in  any  place which is
 7        licensed to sell intoxicating beverages, or at any public
 8        gathering held  pursuant  to  a  license  issued  by  any
 9        governmental  body  or  any  public gathering at which an
10        admission is charged, excluding a place where a  showing,
11        demonstration  or  lecture  involving  the  exhibition of
12        unloaded firearms is conducted; or
13             (9)  Carries or possesses in  a  vehicle  or  on  or
14        about  his person any pistol, revolver, stun gun or taser
15        or firearm or ballistic knife, when he is  hooded,  robed
16        or masked in such manner as to conceal his identity; or
17             (10)  Carries  or  possesses on or about his person,
18        upon any public street,  alley,  or  other  public  lands
19        within  the  corporate  limits  of  a  city,  village  or
20        incorporated  town,  except  when  an  invitee thereon or
21        therein, for the purpose of the display of such weapon or
22        the lawful commerce in weapons, or  except  when  on  his
23        land  or in his own abode or fixed place of business, any
24        pistol, revolver, stun gun or taser or other firearm.
25             A "stun gun or taser", as used in this paragraph (a)
26        means (i) any  device  which  is  powered  by  electrical
27        charging  units,  such as, batteries, and which fires one
28        or several barbs attached to a length of wire and  which,
29        upon  hitting  a human, can send out a current capable of
30        disrupting the person's nervous system in such  a  manner
31        as  to render him incapable of normal functioning or (ii)
32        any device which is powered by electrical charging units,
33        such as batteries, and which, upon contact with  a  human
34        or clothing worn by a human, can send out current capable
 
                            -22-               LRB9113089TAks
 1        of  disrupting  the  person's  nervous  system  in such a
 2        manner as to render him incapable of normal  functioning;
 3        or
 4             (11)  Sells, manufactures or purchases any explosive
 5        bullet.   For  purposes  of this paragraph (a) "explosive
 6        bullet" means the projectile  portion  of  an  ammunition
 7        cartridge  which  contains or carries an explosive charge
 8        which will explode upon contact with the flesh of a human
 9        or an animal.  "Cartridge" means  a  tubular  metal  case
10        having  a  projectile  affixed at the front thereof and a
11        cap  or  primer  at  the  rear  end  thereof,  with   the
12        propellant  contained in such tube between the projectile
13        and the cap; or
14             (12)  (Blank).
15        (b)  Sentence. A  person  convicted  of  a  violation  of
16    subsection  24-1(a)(1)  through  (3),  subsection 24-1(a)(5),
17    subsection 24-1(a)(8), or subsection  24-1(a)(11)  commits  a
18    Class  A  misdemeanor.   A person convicted of a violation of
19    subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10)  commits  a
20    Class  4  felony;  a  person  convicted  of  a  violation  of
21    subsection  24-1(a)(6)  or  24-1(a)(7)(ii) or (iii) commits a
22    Class 3  felony.   A  person  convicted  of  a  violation  of
23    subsection 24-1(a)(7)(i) commits a Class 2 felony, unless the
24    weapon  is  possessed in the passenger compartment of a motor
25    vehicle as defined in Section 1-146 of the  Illinois  Vehicle
26    Code,  or on the person, while the weapon is loaded, in which
27    case it shall be a Class X felony.   A person convicted of  a
28    second  or  subsequent  violation  of  subsection 24-1(a)(4),
29    24-1(a)(9), or 24-1(a)(10) commits a Class 3 felony.
30        (c)  Violations in specific places.
31             (0.5)  A person who violates  subsection  24-1(a)(7)
32        in  any school, regardless of the time of day or the time
33        of year, on the  real  property  comprising  any  school,
34        regardless  of  the  time of day or the time of year, on,
 
                            -23-               LRB9113089TAks
 1        boarding, or departing from any conveyance owned, leased,
 2        or contracted by a school to  transport  students  to  or
 3        from  school  or a school related activity, regardless of
 4        the time of day or the time of year, or on any public way
 5        within 1,000 feet of the  real  property  comprising  any
 6        school,  regardless  of  the  time  of day or the time of
 7        year, commits a Class X felony.
 8             (1)  A person who violates subsection 24-1(a)(6)  or
 9        24-1(a)(7)  in  any school, regardless of the time of day
10        or the time  of  year,  in  residential  property  owned,
11        operated  or managed by a public housing agency or leased
12        by a public housing agency as part of a scattered site or
13        mixed-income  development,  in  a  public  park,   in   a
14        courthouse,  on  the real property comprising any school,
15        regardless of the time of day or the  time  of  year,  on
16        residential   property  owned,  operated  or managed by a
17        public housing agency  or  leased  by  a  public  housing
18        agency  as  part  of  a  scattered  site  or mixed-income
19        development, on the real property comprising  any  public
20        park,  on the real property comprising any courthouse, in
21        any conveyance owned, leased or contracted by a school to
22        transport students to or from school or a school  related
23        activity,  or  on any public way within 1,000 feet of the
24        real  property  comprising  any  school,   public   park,
25        courthouse,  or  residential property owned, operated, or
26        managed by a public housing agency or leased by a  public
27        housing   agency   as   part   of  a  scattered  site  or
28        mixed-income development commits a Class 2 felony.
29             (1.5)  A person who violates subsection  24-1(a)(4),
30        24-1(a)(9),  or  24-1(a)(10) in any school, regardless of
31        the time of day or  the  time  of  year,  in  residential
32        property owned, operated, or  managed by a public housing
33        agency  or leased by a public housing agency as part of a
34        scattered site or mixed-income development, in  a  public
 
                            -24-               LRB9113089TAks
 1        park,  in  a  courthouse, on the real property comprising
 2        any school, regardless of the time of day or the time  of
 3        year, on residential property owned, operated, or managed
 4        by  a public housing agency or leased by a public housing
 5        agency as  part  of  a  scattered  site  or  mixed-income
 6        development,  on  the real property comprising any public
 7        park, on the real property comprising any courthouse, on,
 8        boarding or  departing  from  in  any  conveyance  owned,
 9        leased,  or  contracted by a school to transport students
10        to  or  from  school  or  a  school   related   activity,
11        regardless of the time of day or the time of year, on any
12        public  way  within  1,000  feet  of  the  real  property
13        comprising  any  school, regardless of the time of day or
14        the time of year, or on any public way within 1,000  feet
15        of  the real property comprising any school, public park,
16        courthouse, or residential property owned,  operated,  or
17        managed  by a public housing agency or leased by a public
18        housing  agency  as  part  of   a   scattered   site   or
19        mixed-income  development  commits  a  Class  2  Class  3
20        felony.
21             (1.7)  A  person  who violates subsection 24-1(a)(6)
22        in any school, regardless of the time of day or the  time
23        of  year,  in  residential  property owned, operated, and
24        managed by a public housing agency or leased by a  public
25        housing   agency   as   part   of  a  scattered  site  or
26        mixed-income  development,  in  a  public  park,   in   a
27        courthouse,  on  the real property comprising any school,
28        regardless of the time of day or the  time  of  year,  on
29        residential  property  owned,  operated,  or managed by a
30        public housing agency  or  leased  by  a  public  housing
31        agency  as  part  of  a  scattered  site  or mixed-income
32        development, on the real property comprising  any  public
33        park, on the real property comprising any courthouse, on,
34        boarding  or departing from any conveyance owned, leased,
 
                            -25-               LRB9113089TAks
 1        or contracted by a school to  transport  students  to  or
 2        from  school  or a school related activity, regardless of
 3        the time of day or the time of year, on  any  public  way
 4        within  1,000  feet  of  the real property comprising any
 5        school, regardless of the time of  day  or  the  time  of
 6        year,  or on any public way within 1,000 feet of the real
 7        property  comprising  any  public  park,  courthouse,  or
 8        residential property owned, operated,  or  managed  by  a
 9        public  housing  agency  or  leased  by  a public housing
10        agency as part  of  a  scattered  site  or  mixed  income
11        development commits a Class 3 felony.
12             (2)  A  person  who  violates subsection 24-1(a)(1),
13        24-1(a)(2), or 24-1(a)(3) in any  school,  regardless  of
14        the  time  of  day  or  the  time of year, in residential
15        property owned, operated or managed by a  public  housing
16        agency  or leased by a public housing agency as part of a
17        scattered site or mixed-income development, in  a  public
18        park,  in  a  courthouse, on the real property comprising
19        any school, regardless of the time of day or the time  of
20        year,  on residential property owned, operated or managed
21        by a public housing agency or leased by a public  housing
22        agency  as  part  of  a  scattered  site  or mixed-income
23        development, on the real property comprising  any  public
24        park, on the real property comprising any courthouse, on,
25        boarding  or  departing  from  in  any  conveyance owned,
26        leased or contracted by a school to transport students to
27        or from school or a school related  activity,  regardless
28        of the time of day or the time of year, on any public way
29        within  1,000  feet  of  the real property comprising any
30        school, regardless of the time of  day  or  the  time  of
31        year,  or on any public way within 1,000 feet of the real
32        property comprising any school, public park,  courthouse,
33        or  residential property owned, operated, or managed by a
34        public housing agency  or  leased  by  a  public  housing
 
                            -26-               LRB9113089TAks
 1        agency  as  part  of  a  scattered  site  or mixed-income
 2        development commits a Class 4 felony.  "Courthouse" means
 3        any building that is used by the Circuit,  Appellate,  or
 4        Supreme  Court  of this State for the conduct of official
 5        business.
 6             (3)  Paragraphs (1) through (5), (1.5), and  (2)  of
 7        this  subsection  (c)  shall not apply to law enforcement
 8        officers or security officers of such school, college, or
 9        university or to students carrying or possessing firearms
10        for use in training  courses,  parades,  hunting,  target
11        shooting  on school ranges, or otherwise with the consent
12        of school authorities and which firearms are  transported
13        unloaded   enclosed   in   a   suitable   case,  box,  or
14        transportation package.
15             (4)  For the purposes of this subsection (c):,
16        "School" means any public or  private  day  care  center,
17    nursery  school,  kindergarten, camp, day camp, elementary or
18    secondary school, community college, college, or university.
19        "School related activity"  means  any  sporting,  social,
20    academic, or other activity for which students' attendance or
21    participation  is sponsored, organized, or funded in whole or
22    in part by a school or school district.
23        (d)  The presence in an automobile other  than  a  public
24    omnibus of any weapon, instrument or substance referred to in
25    subsection  (a)(7)  is prima facie evidence that it is in the
26    possession of, and is being carried by, all persons occupying
27    such automobile  at  the  time  such  weapon,  instrument  or
28    substance is found, except under the following circumstances:
29    (i)  if  such  weapon, instrument or instrumentality is found
30    upon the person of one of the occupants therein; or  (ii)  if
31    such   weapon,   instrument  or  substance  is  found  in  an
32    automobile operated for hire by a duly licensed driver in the
33    due, lawful and  proper  pursuit  of  his  trade,  then  such
34    presumption shall not apply to the driver.
 
                            -27-               LRB9113089TAks
 1        (e)  Exemptions.   Crossbows, Common or Compound bows and
 2    Underwater Spearguns are  exempted  from  the  definition  of
 3    ballistic knife as defined in paragraph (1) of subsection (a)
 4    of this Section.
 5    (Source: P.A. 90-686, eff. 1-1-99; 91-673, eff. 12-22-99.)

 6        (720 ILCS 5/25-1.1)
 7        Sec. 25-1.1.  Unlawful contact with streetgang members.
 8        (a)  A  person  commits  the  offense of unlawful contact
 9    with streetgang members when:
10             (1)  he or she  knowingly  has  direct  or  indirect
11        contact with a streetgang member as defined in Section 10
12        of  the  Illinois Streetgang Terrorism Omnibus Prevention
13        Act after having been sentenced to probation, conditional
14        discharge, or supervision for a criminal offense  with  a
15        condition  of  such sentence being to refrain from direct
16        or indirect contact with a streetgang member or  members;
17        or
18             (2)  he  or  she  knowingly  has  direct or indirect
19        contact with a streetgang member as defined in Section 10
20        of the Illinois Streetgang Terrorism  Omnibus  Prevention
21        Act  after  having been released on bond for any criminal
22        offense with a condition of such bond  being  to  refrain
23        from  direct or indirect contact with a streetgang member
24        or members;.
25             (3)  he or she  knowingly  has  direct  or  indirect
26        contact  with  a street gang member as defined in Section
27        10  of  the  Illinois  Street  Gang   Terrorism   Omnibus
28        Prevention  Act  after  having been ordered by a judge in
29        any non-criminal proceedings to refrain  from  direct  or
30        indirect contact with a street gang member or members; or
31             (4)  he  or  she  knowingly  has  direct or indirect
32        contact with a street gang member as defined  in  Section
33        10   of   the  Illinois  Street  Gang  Terrorism  Omnibus
 
                            -28-               LRB9113089TAks
 1        Prevention  Act  after  having  been  released  from  the
 2        Illinois  Department  of  Corrections  on  conditions  of
 3        parole or mandatory supervised release upon the condition
 4        that he or she refrain from direct  or  indirect  contact
 5        with a street gang member or members.
 6        (b)  Unlawful  contact with streetgang members is a Class
 7    A misdemeanor.
 8        (c)  This Section does not apply to  a  person  when  the
 9    only  streetgang  member  or  members  he or she is with is a
10    family or household member or members as defined in paragraph
11    (3) of Section 112A-3 of the Code of  Criminal  Procedure  of
12    1963  and  the  streetgang  members  are  not  engaged in any
13    streetgang related activity.
14    (Source: P.A. 90-795, eff. 8-14-98; 91-357, eff. 7-29-99.)

15        Section 15.  The  Cannabis  Control  Act  is  amended  by
16    changing Section 7 as follows:

17        (720 ILCS 550/7) (from Ch. 56 1/2, par. 707)
18        Sec.  7.  (a)  Any person who is at least 18 years of age
19    who violates Section 5 of this Act by delivering cannabis  to
20    a  person  under  18 years of age who is at least 3 years his
21    junior may be sentenced to imprisonment  for  a  term  up  to
22    twice the maximum term otherwise authorized by Section 5.
23        (b)  (Blank).  Any  person  under  18  years  of  age who
24    violates Section 4 or 5 of this Act may  be  treated  by  the
25    court in accordance with the Juvenile Court Act of 1987.
26    (Source: P.A. 85-1209.)

27        Section  20.  The Improper Supervision of Children Act is
28    amended by changing Section 1 as follows:

29        (720 ILCS 640/1) (from Ch. 23, par. 2369)
30        Sec. 1. Improper supervision; offense.  Any parent, legal
 
                            -29-               LRB9113089TAks
 1    guardian, or other person commits improper supervision  of  a
 2    child  when he or she knowingly permits a child in his or her
 3    custody or control under the age of  18  years  to  associate
 4    with  known  thieves,  burglars,  felons,  narcotic  addicts,
 5    street  gang members as defined in Section 10 of the Illinois
 6    Street  Gang  Terrorism  Omnibus  Prevention  Act,  or  other
 7    persons of ill repute, visit a place of prostitution,  commit
 8    a  lewd  act,  commit  an  act tending to break the peace, or
 9    violate a municipal curfew ordinance.
10    (Source: Laws 1961, p. 2454.)
 
                            -30-               LRB9113089TAks
 1                                INDEX
 2               Statutes amended in order of appearance
 3    705 ILCS 405/5-130
 4    705 ILCS 405/5-805
 5    720 ILCS 5/20-3 new
 6    720 ILCS 5/24-1           from Ch. 38, par. 24-1
 7    720 ILCS 5/25-1.1
 8    720 ILCS 550/7            from Ch. 56 1/2, par. 707
 9    720 ILCS 640/1            from Ch. 23, par. 2369

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