State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]

91_SB0759eng

 
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 1        AN ACT to  amend  the  Juvenile  Court  Act  of  1987  by
 2    changing Sections 5-130 and 5-805.

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

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

 7        (705 ILCS 405/5-130)
 8        Sec.  5-130.  Excluded jurisdiction.
 9        (1) (a)  The definition of delinquent minor under Section
10    5-120 of this Article shall not apply to any minor who at the
11    time  of  an  offense was at least 15 years of age and who is
12    charged with first degree murder, aggravated criminal  sexual
13    assault,  aggravated  battery  with  a firearm committed in a
14    school, on the real  property  comprising  a  school,  within
15    1,000  feet  of  the  real property comprising a school, at a
16    school related activity, or on, boarding, or  departing  from
17    any  conveyance  owned,  leased, or contracted by a school or
18    school district to transport students to or from school or  a
19    school related activity regardless of the time of day or time
20    of  year  that  the offense was committed, armed robbery when
21    the armed robbery was committed with a firearm, or aggravated
22    vehicular hijacking when the hijacking was committed  with  a
23    firearm.
24        These  charges  and  all other charges arising out of the
25    same incident shall be prosecuted under the criminal laws  of
26    this State.
27        For purposes of this paragraph (a) of subsection (l):
28        "School"   means   a  public  or  private  elementary  or
29    secondary school, community college, college, or university.
30        "School related activity"  means  any  sporting,  social,
31    academic  or other activity for which students' attendance or
 
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 1    participation is sponsored, organized, or funded in whole  or
 2    in part by a school or school district.
 3        (b) (i)  If  before  trial  or  plea  an  information  or
 4    indictment is filed that does not charge an offense specified
 5    in  paragraph (a) of this subsection (1) the State's Attorney
 6    may proceed on any lesser charge  or  charges,  but  only  in
 7    Juvenile  Court  under  the  provisions of this Article.  The
 8    State's Attorney may proceed under the Criminal Code of  1961
 9    on  a  lesser  charge  if  before  trial  the minor defendant
10    knowingly and with advice of counsel waives, in writing,  his
11    or her right to have the matter proceed in Juvenile Court.
12        (ii)  If   before   trial   or  plea  an  information  or
13    indictment  is  filed  that  includes  one  or  more  charges
14    specified  in  paragraph  (a)  of  this  subsection  (1)  and
15    additional charges that are not specified in that  paragraph,
16    all  of the charges arising out of the same incident shall be
17    prosecuted under the Criminal Code of 1961.
18        (c) (i)  If after trial or plea the minor is convicted of
19    any offense covered by paragraph (a) of this subsection  (1),
20    then, in sentencing the minor, the court shall have available
21    any  or  all  dispositions  prescribed for that offense under
22    Chapter V of the Unified Code of Corrections.
23        (ii)  If after trial or plea the  court  finds  that  the
24    minor  committed  an  offense not covered by paragraph (a) of
25    this subsection (1), that finding shall  not  invalidate  the
26    verdict  or  the  prosecution of the minor under the criminal
27    laws of the State;  however,  unless  the  State  requests  a
28    hearing for the purpose of sentencing the minor under Chapter
29    V  of the Unified Code of Corrections, the Court must proceed
30    under Sections 5-705 and 5-710 of this Article.  To request a
31    hearing, the State must file a written motion within 10  days
32    following  the entry of a finding or the return of a verdict.
33    Reasonable notice of the motion shall be given to  the  minor
34    or  his  or her counsel.  If the motion is made by the State,
 
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 1    the court shall conduct a hearing to determine if  the  minor
 2    should  be  sentenced  under Chapter V of the Unified Code of
 3    Corrections.  In making its determination,  the  court  shall
 4    consider  among  other matters: (a) whether there is evidence
 5    that  the  offense  was  committed  in  an   aggressive   and
 6    premeditated  manner;  (b)  the  age  of  the  minor; (c) the
 7    previous  history  of  the  minor;  (d)  whether  there   are
 8    facilities  particularly  available  to the Juvenile Court or
 9    the Department of Corrections,  Juvenile  Division,  for  the
10    treatment  and  rehabilitation  of the minor; (e) whether the
11    security of the public requires sentencing under Chapter V of
12    the Unified Code of Corrections; and (f)  whether  the  minor
13    possessed  a  deadly weapon when committing the offense.  The
14    rules of evidence shall be the same as if at trial.  If after
15    the  hearing  the  court  finds  that  the  minor  should  be
16    sentenced under Chapter V of the Unified Code of Corrections,
17    then the court shall sentence the  minor  accordingly  having
18    available to it any or all dispositions so prescribed.
19        (2) (a)  The  definition  of  a  delinquent  minor  under
20    Section  5-120  of  this Article shall not apply to any minor
21    who at the time of the offense was at least 15 years  of  age
22    and  who  is charged with an offense under Section 401 of the
23    Illinois  Controlled  Substances  Act,  while  in  a  school,
24    regardless of the time of day or the time  of  year,  or  any
25    conveyance  owned,  leased  or  contracted  by  a  school  to
26    transport  students  to  or  from  school or a school related
27    activity, or residential property owned, operated and managed
28    by a public housing agency, on the real  property  comprising
29    any  school,  regardless  of  the  time of day or the time of
30    year, or residential property owned, operated and managed  by
31    a public housing agency, or on a public way within 1,000 feet
32    of the real property comprising any school, regardless of the
33    time  of  day  or  the  time of year, or residential property
34    owned, operated and  managed  by  a  public  housing  agency.
 
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 1    School  is  defined, for the purposes of this Section, as any
 2    public or private elementary or secondary  school,  community
 3    college, college, or university.  These charges and all other
 4    charges  arising out of the same incident shall be prosecuted
 5    under the criminal laws of this State.
 6        (b) (i)  If  before  trial  or  plea  an  information  or
 7    indictment is filed that does not charge an offense specified
 8    in paragraph (a) of this subsection (2) the State's  Attorney
 9    may  proceed  on  any  lesser  charge or charges, but only in
10    Juvenile Court under the provisions  of  this  Article.   The
11    State's  Attorney may proceed under the criminal laws of this
12    State on a lesser charge if before trial the minor  defendant
13    knowingly  and with advice of counsel waives, in writing, his
14    or her right to have the matter proceed in Juvenile Court.
15        (ii)  If  before  trial  or  plea   an   information   or
16    indictment  is  filed  that  includes  one  or  more  charges
17    specified  in  paragraph  (a)  of  this  subsection  (2)  and
18    additional  charges that are not specified in that paragraph,
19    all of the charges arising out of the same incident shall  be
20    prosecuted under the criminal laws of this State.
21        (c) (i)  If after trial or plea the minor is convicted of
22    any  offense covered by paragraph (a) of this subsection (2),
23    then, in sentencing the minor, the court shall have available
24    any or all dispositions prescribed  for  that  offense  under
25    Chapter V of the Unified Code of Corrections.
26        (ii)  If  after  trial  or  plea the court finds that the
27    minor committed an offense not covered by  paragraph  (a)  of
28    this  subsection  (2),  that finding shall not invalidate the
29    verdict or the prosecution of the minor  under  the  criminal
30    laws  of  the  State;   however,  unless the State requests a
31    hearing for the purpose of sentencing the minor under Chapter
32    V of the Unified Code of Corrections, the Court must  proceed
33    under Sections 5-705 and 5-710 of this Article.  To request a
34    hearing,  the State must file a written motion within 10 days
 
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 1    following the entry of a finding or the return of a  verdict.
 2    Reasonable  notice  of the motion shall be given to the minor
 3    or his or her counsel.  If the motion is made by  the  State,
 4    the  court shall conduct a hearing to determine if  the minor
 5    should be sentenced under Chapter V of the  Unified  Code  of
 6    Corrections.   In  making  its determination, the court shall
 7    consider among other matters: (a) whether there  is  evidence
 8    that   the   offense  was  committed  in  an  aggressive  and
 9    premeditated manner; (b)  the  age  of  the  minor;  (c)  the
10    previous   history  of  the  minor;  (d)  whether  there  are
11    facilities particularly available to the  Juvenile  Court  or
12    the  Department  of  Corrections,  Juvenile Division, for the
13    treatment and rehabilitation of the minor;  (e)  whether  the
14    security of the public requires sentencing under Chapter V of
15    the  Unified  Code  of Corrections; and (f) whether the minor
16    possessed a deadly weapon when committing the  offense.   The
17    rules of evidence shall be the same as if at trial.  If after
18    the  hearing  the  court  finds  that  the  minor  should  be
19    sentenced under Chapter V of the Unified Code of Corrections,
20    then  the  court  shall sentence the minor accordingly having
21    available to it any or all dispositions so prescribed.
22        (3) (a)  The definition of delinquent minor under Section
23    5-120 of this Article shall not apply to any minor who at the
24    time of the offense was at least 15 years of age and  who  is
25    charged  with a violation of the provisions of paragraph (1),
26    (3), (4), or (10) of subsection (a) of Section  24-1  of  the
27    Criminal Code of 1961 while in school, regardless of the time
28    of  day  or  the  time  of  year,  or  on  the  real property
29    comprising any school, regardless of the time of day  or  the
30    time of year. School is defined, for purposes of this Section
31    as  any  public  or  private  elementary or secondary school,
32    community college, college, or university. These charges  and
33    all  other  charges arising out of the same incident shall be
34    prosecuted under the criminal laws of this State.
 
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 1        (b) (i)  If  before  trial  or  plea  an  information  or
 2    indictment is filed that does not charge an offense specified
 3    in paragraph (a) of this subsection (3) the State's  Attorney
 4    may  proceed  on  any  lesser  charge or charges, but only in
 5    Juvenile Court under the provisions  of  this  Article.   The
 6    State's  Attorney may proceed under the criminal laws of this
 7    State on a lesser charge if before trial the minor  defendant
 8    knowingly  and with advice of counsel waives, in writing, his
 9    or her right to have the matter proceed in Juvenile Court.
10        (ii)  If  before  trial  or  plea   an   information   or
11    indictment  is  filed  that  includes  one  or  more  charges
12    specified  in  paragraph  (a)  of  this  subsection  (3)  and
13    additional  charges that are not specified in that paragraph,
14    all of the charges arising out of the same incident shall  be
15    prosecuted under the criminal laws of this State.
16        (c) (i)  If after trial or plea the minor is convicted of
17    any  offense covered by paragraph (a) of this subsection (3),
18    then, in sentencing the minor, the court shall have available
19    any or all dispositions prescribed  for  that  offense  under
20    Chapter V of the Unified Code of Corrections.
21        (ii)  If  after  trial  or  plea the court finds that the
22    minor committed an offense not covered by  paragraph  (a)  of
23    this  subsection  (3),  that finding shall not invalidate the
24    verdict or the prosecution of the minor  under  the  criminal
25    laws  of  the  State;   however,  unless the State requests a
26    hearing for the purpose of sentencing the minor under Chapter
27    V of the Unified Code of Corrections, the Court must  proceed
28    under Sections 5-705 and 5-710 of this Article.  To request a
29    hearing,  the State must file a written motion within 10 days
30    following the entry of a finding or the return of a  verdict.
31    Reasonable  notice  of the motion shall be given to the minor
32    or his or her counsel.  If the motion is made by  the  State,
33    the  court shall conduct a hearing to determine if  the minor
34    should be sentenced under Chapter V of the  Unified  Code  of
 
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 1    Corrections.   In  making  its determination, the court shall
 2    consider among other matters: (a) whether there  is  evidence
 3    that   the   offense  was  committed  in  an  aggressive  and
 4    premeditated manner; (b)  the  age  of  the  minor;  (c)  the
 5    previous   history  of  the  minor;  (d)  whether  there  are
 6    facilities particularly available to the  Juvenile  Court  or
 7    the  Department  of  Corrections,  Juvenile Division, for the
 8    treatment and rehabilitation of the minor;  (e)  whether  the
 9    security of the public requires sentencing under Chapter V of
10    the  Unified  Code  of Corrections; and (f) whether the minor
11    possessed a deadly weapon when committing the  offense.   The
12    rules of evidence shall be the same as if at trial.  If after
13    the  hearing  the  court  finds  that  the  minor  should  be
14    sentenced under Chapter V of the Unified Code of Corrections,
15    then  the  court  shall sentence the minor accordingly having
16    available to it any or all dispositions so prescribed.
17        (4) (a)  The definition of delinquent minor under Section
18    5-120 of this Article shall not apply to any minor who at the
19    time of an offense was at least 13 years of age  and  who  is
20    charged  with first degree murder committed during the course
21    of either aggravated criminal sexual assault, criminal sexual
22    assault, or aggravated kidnaping.  However,  this  subsection
23    (4) does not include a minor charged with first degree murder
24    based  exclusively  upon the accountability provisions of the
25    Criminal Code of 1961.
26        (b) (i)  If  before  trial  or  plea  an  information  or
27    indictment is filed that does not charge first degree  murder
28    committed  during  the  course  of aggravated criminal sexual
29    assault, criminal sexual assault,  or  aggravated  kidnaping,
30    the  State's  Attorney  may  proceed  on any lesser charge or
31    charges, but only in Juvenile Court under the  provisions  of
32    this  Article.   The  State's  Attorney may proceed under the
33    criminal laws of this State on  a  lesser  charge  if  before
34    trial  the  minor  defendant  knowingly  and  with  advice of
 
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 1    counsel waives, in writing, his or  her  right  to  have  the
 2    matter proceed in Juvenile Court.
 3        (ii)  If   before   trial   or  plea  an  information  or
 4    indictment  is  filed  that  includes  first  degree   murder
 5    committed  during  the  course  of aggravated criminal sexual
 6    assault, criminal sexual assault,  or  aggravated  kidnaping,
 7    and  additional  charges  that are not specified in paragraph
 8    (a) of this subsection, all of the charges arising out of the
 9    same incident shall be prosecuted under the criminal laws  of
10    this State.
11        (c) (i)  If after trial or plea the minor is convicted of
12    first degree murder committed during the course of aggravated
13    criminal   sexual   assault,   criminal  sexual  assault,  or
14    aggravated kidnaping, in  sentencing  the  minor,  the  court
15    shall  have  available any or all dispositions prescribed for
16    that  offense  under  Chapter  V   of  the  Unified  Code  of
17    Corrections.
18        (ii)  If the minor was not yet 15 years  of  age  at  the
19    time  of  the  offense,  and if after trial or plea the court
20    finds that the minor committed an offense  other  than  first
21    degree   murder   committed   during  the  course  of  either
22    aggravated criminal sexual assault, criminal sexual  assault,
23    or  aggravated  kidnapping,  the finding shall not invalidate
24    the verdict  or  the  prosecution  of  the  minor  under  the
25    criminal  laws  of  the  State;  however,  unless  the  State
26    requests  a  hearing  for the purpose of sentencing the minor
27    under Chapter V of the Unified Code of Corrections, the Court
28    must proceed under Sections 5-705 and 5-710 of this  Article.
29    To  request  a  hearing, the State must file a written motion
30    within 10 days following the entry of a finding or the return
31    of a verdict.  Reasonable notice of the motion shall be given
32    to the minor or his or her counsel.  If the motion is made by
33    the State, the court shall conduct  a  hearing  to  determine
34    whether  the minor should be sentenced under Chapter V of the
 
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 1    Unified Code of Corrections.  In  making  its  determination,
 2    the  court  shall  consider among other matters:  (a) whether
 3    there is evidence  that  the  offense  was  committed  in  an
 4    aggressive  and  premeditated  manner;   (b)  the  age of the
 5    minor;  (c) the previous delinquent  history  of  the  minor;
 6    (d)  whether  there  are facilities particularly available to
 7    the Juvenile Court or the Department of Corrections, Juvenile
 8    Division, for the treatment and rehabilitation of the  minor;
 9    (e)  whether  the best interest of the minor and the security
10    of the public require  sentencing  under  Chapter  V  of  the
11    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        (5) (a)  The definition of delinquent minor under Section
19    5-120 of this Article shall not apply to  any  minor  who  is
20    charged with a violation of subsection (a) of Section 31-6 or
21    Section  32-10 of the Criminal Code of 1961 when the minor is
22    subject to prosecution under the criminal laws of this  State
23    as  a  result of the application of the provisions of Section
24    5-125, or subsection (1)  or  (2)  of  this  Section.   These
25    charges  and  all  other  charges  arising  out  of  the same
26    incident shall be prosecuted under the criminal laws of  this
27    State.
28        (b) (i)  If  before  trial  or  plea  an  information  or
29    indictment is filed that does not charge an offense specified
30    in paragraph (a) of this subsection (5), the State's Attorney
31    may  proceed  on  any  lesser  charge or charges, but only in
32    Juvenile Court under the provisions  of  this  Article.   The
33    State's  Attorney may proceed under the criminal laws of this
34    State on a lesser charge if before trial the minor  defendant
 
SB759 Engrossed             -10-               LRB9100804RCmb
 1    knowingly  and with advice of counsel waives, in writing, his
 2    or her right to have the matter proceed in Juvenile Court.
 3        (ii)  If  before  trial  or  plea   an   information   or
 4    indictment  is  filed  that  includes  one  or  more  charges
 5    specified  in  paragraph  (a)  of  this  subsection  (5)  and
 6    additional  charges that are not specified in that paragraph,
 7    all of the charges arising out of the same incident shall  be
 8    prosecuted under the criminal laws of this State.
 9        (c) (i)  If after trial or plea the minor is convicted of
10    any  offense covered by paragraph (a) of this subsection (5),
11    then, in sentencing the minor, the court shall have available
12    any or all dispositions prescribed  for  that  offense  under
13    Chapter V  of the Unified Code of Corrections.
14        (ii)  If  after  trial  or  plea the court finds that the
15    minor committed an offense not covered by  paragraph  (a)  of
16    this  subsection (5), the conviction shall not invalidate the
17    verdict or the prosecution of the minor  under  the  criminal
18    laws  of  this  State;   however, unless the State requests a
19    hearing for the purpose of sentencing the minor under Chapter
20    V of the Unified Code of Corrections, the Court must  proceed
21    under  Sections 5-705 and 5-710 of this Article. To request a
22    hearing, the State must file a written motion within 10  days
23    following  the entry of a finding or the return of a verdict.
24    Reasonable notice of the motion shall be given to  the  minor
25    or  his  or her counsel.  If the motion is made by the State,
26    the court shall conduct a hearing to determine if whether the
27    minor should be sentenced under Chapter V of the Unified Code
28    of Corrections.  In making its determination, the court shall
29    consider among other matters:  (a) whether there is  evidence
30    that   the   offense  was  committed  in  an  aggressive  and
31    premeditated manner;  (b) the age  of  the  minor;   (c)  the
32    previous  delinquent history of the minor;  (d) whether there
33    are facilities particularly available to the  Juvenile  Court
34    or  the Department of Corrections, Juvenile Division, for the
 
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 1    treatment and rehabilitation of the minor;  (e)  whether  the
 2    security of the public requires sentencing under Chapter V of
 3    the  Unified  Code of Corrections;  and (f) whether the minor
 4    possessed a deadly weapon when committing the  offense.   The
 5    rules of evidence shall be the same as if at trial.  If after
 6    the  hearing  the  court  finds  that  the  minor  should  be
 7    sentenced under Chapter V of the Unified Code of Corrections,
 8    then  the  court  shall sentence the minor accordingly having
 9    available to it any or all dispositions so prescribed.
10        (6)  The definition of  delinquent  minor  under  Section
11    5-120  of  this  Article  shall  not  apply to any minor who,
12    pursuant to subsection (1), (2), or (3) or Section 5-805,  or
13    5-810,  has  previously been placed under the jurisdiction of
14    the criminal court and has been convicted of a crime under an
15    adult criminal or  penal  statute.  Such  a  minor  shall  be
16    subject to prosecution under the criminal laws of this State.
17        (7)  The  procedures  set  out  in  this  Article for the
18    investigation, arrest and prosecution of  juvenile  offenders
19    shall  not apply to minors who are excluded from jurisdiction
20    of the Juvenile Court, except that minors under 17  years  of
21    age shall be kept separate from confined adults.
22        (8)  Nothing   in   this  Act  prohibits  or  limits  the
23    prosecution of any minor for an offense committed on or after
24    his or her 17th birthday even though he or she is at the time
25    of the offense a ward of the court.
26        (9)  If an original petition for adjudication of wardship
27    alleges the commission by a minor 13 years of age or over  of
28    an act that constitutes a crime under the laws of this State,
29    the  minor,  with  the consent of his or her counsel, may, at
30    any time before commencement  of  the  adjudicatory  hearing,
31    file  with  the  court  a motion that criminal prosecution be
32    ordered and that the petition be dismissed insofar as the act
33    or acts involved in the criminal proceedings  are  concerned.
34    If such a motion is filed as herein provided, the court shall
 
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 1    enter its order accordingly.
 2    (Source: P.A. 90-590, eff. 1-1-99.)

 3        (705 ILCS 405/5-805)
 4        Sec. 5-805.  Transfer of jurisdiction.
 5        (1)  Mandatory transfers.
 6             (a)  If  a petition alleges commission by a minor 15
 7        years of age or  older  of  an  act  that  constitutes  a
 8        forcible  felony  under  the laws of this State, and if a
 9        motion by the State's Attorney  to  prosecute  the  minor
10        under  the  criminal  laws  of  Illinois  for the alleged
11        forcible felony alleges that (i) the minor has previously
12        been  adjudicated  delinquent   or   found   guilty   for
13        commission  of an act that constitutes a felony under the
14        laws of this State or any other state and  (ii)  the  act
15        that constitutes the offense was committed in furtherance
16        of  criminal  activity by an organized gang, the Juvenile
17        Judge assigned to hear and determine those motions shall,
18        upon determining that there is probable cause  that  both
19        allegations   are   true,   enter   an  order  permitting
20        prosecution under the criminal laws of Illinois.
21             (b)  If a petition alleges commission by a minor  15
22        years of age or older of an act that constitutes a felony
23        under  the  laws  of  this  State,  and  if a motion by a
24        State's  Attorney  to  prosecute  the  minor  under   the
25        criminal  laws of Illinois for the alleged felony alleges
26        that  (i)  the  minor  has  previously  been  adjudicated
27        delinquent or found guilty for commission of an act  that
28        constitutes  a  forcible  felony  under  the laws of this
29        State  or  any  other  state  and  (ii)  the   act   that
30        constitutes  the  offense was committed in furtherance of
31        criminal activities 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
 
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 1        allegations  are  true,   enter   an   order   permitting
 2        prosecution under the criminal laws of Illinois.
 3             (c)  If  a petition alleges commission by a minor 15
 4        years of age or older of: (i) an act that constitutes  an
 5        offense enumerated in the presumptive transfer provisions
 6        of subsection (2); and (ii) the minor has previously been
 7        adjudicated  delinquent  or  found  guilty  of a forcible
 8        felony,  the  Juvenile  Judge  designated  to  hear   and
 9        determine  those  motions  shall,  upon  determining that
10        there is probable cause that both allegations  are  true,
11        enter  an order permitting prosecution under the criminal
12        laws of Illinois.
13             (d)  If a petition alleges commission by a minor  15
14        years  of  age  or  older  of an act that constitutes the
15        offense of aggravated discharge of a firearm committed in
16        a school, on  the  real  property  comprising  a  school,
17        within  1,000  feet  of  the  real  property comprising a
18        school, at a school related activity, or on, boarding, or
19        departing  from  any   conveyance   owned,   leased,   or
20        contracted  by  a  school or school district to transport
21        students to or from school or a school related  activity,
22        regardless  of  the  time of day or the time of year, the
23        juvenile judge designated to  hear  and  determine  those
24        motions  shall,  upon  determining that there is probable
25        cause that the  allegations  are  true,  enter  an  order
26        permitting   prosecution   under  the  criminal  laws  of
27        Illinois.
28             For purposes of this  paragraph  (d)  of  subsection
29        (1):
30             "School"  means  a  public  or private elementary or
31        secondary  school,   community   college,   college,   or
32        university.
33             "School   related   activity"  means  any  sporting,
34        social, academic, or other activity for  which  students'
 
SB759 Engrossed             -14-               LRB9100804RCmb
 1        attendance  or  participation is sponsored, organized, or
 2        funded in  whole  or  in  part  by  a  school  or  school
 3        district.
 4        (2)  Presumptive transfer.
 5             (a)  If  the  State's  Attorney files a petition, at
 6        any time prior to commencement of the minor's  trial,  to
 7        permit  prosecution  under  the  criminal  laws  and  the
 8        petition  alleges  the  commission by a minor 15 years of
 9        age or older of: (i) a Class X felony  other  than  armed
10        violence;  (ii) aggravated discharge of a firearm;  (iii)
11        armed violence with a firearm when the predicate  offense
12        is a Class 1 or Class 2 felony and the State's Attorney's
13        motion  to  transfer  the  case  alleges that the offense
14        committed is in furtherance of the criminal activities of
15        an organized gang; (iv) armed  violence  with  a  firearm
16        when the predicate offense is a violation of the Illinois
17        Controlled  Substances Act or a violation of the Cannabis
18        Control Act; (v) armed violence when the weapon  involved
19        was a machine gun or other weapon described in subsection
20        (a)(7) of Section 24-1 of the Criminal Code of 1961, and,
21        if  the  juvenile  judge  assigned  to hear and determine
22        motions  to  transfer  a  case  for  prosecution  in  the
23        criminal court determines that there is probable cause to
24        believe that the allegations in the petition  and  motion
25        are  true,  there  is  a  rebuttable presumption that the
26        minor is not a fit and proper subject to  be  dealt  with
27        under  the  Juvenile  Justice  Reform  Provisions of 1998
28        (Public Act 90-590), and  that,  except  as  provided  in
29        paragraph  (b),  the  case  should  be transferred to the
30        criminal court.
31             (b)  The  judge  shall  enter  an  order  permitting
32        prosecution under the criminal laws  of  Illinois  unless
33        the  judge  makes a finding based on clear and convincing
34        evidence that the minor would be amenable  to  the  care,
 
SB759 Engrossed             -15-               LRB9100804RCmb
 1        treatment,  and  training  programs available through the
 2        facilities of the juvenile court based on  an  evaluation
 3        of the following:
 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
 8        the 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             (vii)  The minor's history  of  services,  including
14        the  minor's  willingness  to participate meaningfully in
15        available services;
16             (viii) Whether there is a reasonable likelihood that
17        the minor can be rehabilitated before the  expiration  of
18        the juvenile court's jurisdiction;
19             (ix)  The  adequacy  of  the  punishment or services
20        available in the juvenile justice system.
21        In  considering  these  factors,  the  court  shall  give
22    greater weight to the seriousness of the alleged offense  and
23    the  minor's  prior  record  of delinquency than to the other
24    factors listed in this subsection.
25        (3)  Discretionary transfer.
26             (a)  If a petition alleges commission by a minor  13
27        years  of  age or over of an act that constitutes a crime
28        under the laws of  this  State  and,  on  motion  of  the
29        State's Attorney to permit prosecution of the minor under
30        the criminal laws, a Juvenile Judge assigned by the Chief
31        Judge of the Circuit to hear and determine those motions,
32        after hearing but before commencement of the trial, finds
33        that   there  is  probable  cause  to  believe  that  the
34        allegations in the motion are true and that it is not  in
 
SB759 Engrossed             -16-               LRB9100804RCmb
 1        the  best  interests  of the public to proceed under this
 2        Act, the court may enter an order permitting  prosecution
 3        under the criminal laws.
 4             (b)  In  making  its  determination on the motion to
 5        permit prosecution under the  criminal  laws,  the  court
 6        shall consider among other matters:
 7             (i)  The seriousness of the alleged offense;
 8             (ii)  The minor's history of delinquency;
 9             (iii)  The age of the minor;
10             (iv)  The culpability of the minor in committing the
11        alleged offense;
12             (v)  Whether   the   offense  was  committed  in  an
13        aggressive or premeditated manner;
14             (vi)  Whether the minor used or possessed  a  deadly
15        weapon when committing the alleged offense;
16             (vii)  The  minor's  history  of services, including
17        the minor's willingness to  participate  meaningfully  in
18        available services;
19             (viii)  The  adequacy  of the punishment or services
20        available in the juvenile justice system.
21        In  considering  these  factors,  the  court  shall  give
22    greater weight to the seriousness of the alleged offense  and
23    the  minor's  prior  record  of delinquency than to the other
24    factors listed in this subsection.
25        (4)  The rules of evidence for this hearing shall be  the
26    same  as  under  Section  5-705 of this Act.  A minor must be
27    represented in court by counsel before  the  hearing  may  be
28    commenced.
29        (5)  If criminal proceedings are instituted, the petition
30    for  adjudication  of  wardship shall be dismissed insofar as
31    the act or acts involved in the criminal proceedings.  Taking
32    of evidence in  a  trial  on  petition  for  adjudication  of
33    wardship  is  a  bar  to  criminal proceedings based upon the
34    conduct alleged in the petition.
 
SB759 Engrossed             -17-               LRB9100804RCmb
 1    (Source: P.A. 90-590, eff. 1-1-99; revised 10-28-98.)

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