101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4784

 

Introduced 2/18/2020, by Rep. Emanuel Chris Welch

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-815
705 ILCS 405/5-820

    Amends the Juvenile Court Act of 1987. Provides that if the court adjudicates a minor as a Habitual Juvenile Offender or as a Violent Juvenile Offender, it may commit the minor to the Department of Juvenile Justice (rather than require the minor to be committed until his or her 21st birthday, without possibility of aftercare release, furlough, or non-emergency authorized absence). Deletes provision that the minor shall be entitled to earn one day of good conduct credit for each day served as reductions against the period of his or her confinement.


LRB101 18955 RLC 68414 b

 

 

A BILL FOR

 

HB4784LRB101 18955 RLC 68414 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Sections 5-815 and 5-820 as follows:
 
6    (705 ILCS 405/5-815)
7    Sec. 5-815. Habitual Juvenile Offender.
8    (a) Definition. Any minor having been twice adjudicated a
9delinquent minor for offenses which, had he been prosecuted as
10an adult, would have been felonies under the laws of this
11State, and who is thereafter adjudicated a delinquent minor for
12a third time shall be adjudged an Habitual Juvenile Offender
13where:
14        1. the third adjudication is for an offense occurring
15    after adjudication on the second; and
16        2. the second adjudication was for an offense occurring
17    after adjudication on the first; and
18        3. the third offense occurred after January 1, 1980;
19    and
20        4. the third offense was based upon the commission of
21    or attempted commission of the following offenses: first
22    degree murder, second degree murder or involuntary
23    manslaughter; criminal sexual assault or aggravated

 

 

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1    criminal sexual assault; aggravated or heinous battery
2    involving permanent disability or disfigurement or great
3    bodily harm to the victim; burglary of a home or other
4    residence intended for use as a temporary or permanent
5    dwelling place for human beings; home invasion; robbery or
6    armed robbery; or aggravated arson.
7    Nothing in this Section shall preclude the State's Attorney
8from seeking to prosecute a minor as an adult as an alternative
9to prosecution as an habitual juvenile offender.
10    A continuance under supervision authorized by Section
115-615 of this Act shall not be permitted under this Section.
12    (b) Notice to minor. The State shall serve upon the minor
13written notice of intention to prosecute under the provisions
14of this Section within 5 judicial days of the filing of any
15delinquency petition, adjudication upon which would mandate
16the minor's disposition as an Habitual Juvenile Offender.
17    (c) Petition; service. A notice to seek adjudication as an
18Habitual Juvenile Offender shall be filed only by the State's
19Attorney.
20    The petition upon which such Habitual Juvenile Offender
21notice is based shall contain the information and averments
22required for all other delinquency petitions filed under this
23Act and its service shall be according to the provisions of
24this Act.
25    No prior adjudication shall be alleged in the petition.
26    (d)  Trial. Trial on such petition shall be by jury unless

 

 

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1the minor demands, in open court and with advice of counsel, a
2trial by the court without jury.
3    Except as otherwise provided herein, the provisions of this
4Act concerning delinquency proceedings generally shall be
5applicable to Habitual Juvenile Offender proceedings.
6    (e) Proof of prior adjudications. No evidence or other
7disclosure of prior adjudications shall be presented to the
8court or jury during any adjudicatory hearing provided for
9under this Section unless otherwise permitted by the issues
10properly raised in such hearing. In the event the minor who is
11the subject of these proceedings elects to testify on his own
12behalf, it shall be competent to introduce evidence, for
13purposes of impeachment, that he has previously been
14adjudicated a delinquent minor upon facts which, had he been
15tried as an adult, would have resulted in his conviction of a
16felony or of any offense that involved dishonesty or false
17statement. Introduction of such evidence shall be according to
18the rules and procedures applicable to the impeachment of an
19adult defendant by prior conviction.
20    After an admission of the facts in the petition or
21adjudication of delinquency, the State's Attorney may file with
22the court a verified written statement signed by the State's
23Attorney concerning any prior adjudication of an offense set
24forth in subsection (a) of this Section which offense would
25have been a felony or of any offense that involved dishonesty
26or false statement had the minor been tried as an adult.

 

 

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1    The court shall then cause the minor to be brought before
2it; shall inform him of the allegations of the statement so
3filed, and of his right to a hearing before the court on the
4issue of such prior adjudication and of his right to counsel at
5such hearing; and unless the minor admits such adjudication,
6the court shall hear and determine such issue, and shall make a
7written finding thereon.
8    A duly authenticated copy of the record of any such alleged
9prior adjudication shall be prima facie evidence of such prior
10adjudication or of any offense that involved dishonesty or
11false statement.
12    Any claim that a previous adjudication offered by the
13State's Attorney is not a former adjudication of an offense
14which, had the minor been prosecuted as an adult, would have
15resulted in his conviction of a felony or of any offense that
16involved dishonesty or false statement, is waived unless duly
17raised at the hearing on such adjudication, or unless the
18State's Attorney's proof shows that such prior adjudication was
19not based upon proof of what would have been a felony.
20    (f) Disposition. If the court finds that the prerequisites
21established in subsection (a) of this Section have been proven,
22it shall adjudicate the minor an Habitual Juvenile Offender and
23may commit him to the Department of Juvenile Justice until his
2421st birthday, without possibility of aftercare release,
25furlough, or non-emergency authorized absence. However, the
26minor shall be entitled to earn one day of good conduct credit

 

 

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1for each day served as reductions against the period of his
2confinement. Such good conduct credits shall be earned or
3revoked according to the procedures applicable to the allowance
4and revocation of good conduct credit for adult prisoners
5serving determinate sentences for felonies.
6    For purposes of determining good conduct credit,
7commitment as an Habitual Juvenile Offender shall be considered
8a determinate commitment, and the difference between the date
9of the commitment and the minor's 21st birthday shall be
10considered the determinate period of his confinement.
11(Source: P.A. 98-558, eff. 1-1-14.)
 
12    (705 ILCS 405/5-820)
13    Sec. 5-820. Violent Juvenile Offender.
14    (a) Definition. A minor having been previously adjudicated
15a delinquent minor for an offense which, had he or she been
16prosecuted as an adult, would have been a Class 2 or greater
17felony involving the use or threat of physical force or
18violence against an individual or a Class 2 or greater felony
19for which an element of the offense is possession or use of a
20firearm, and who is thereafter adjudicated a delinquent minor
21for a second time for any of those offenses shall be
22adjudicated a Violent Juvenile Offender if:
23        (1) The second adjudication is for an offense occurring
24    after adjudication on the first; and
25        (2) The second offense occurred on or after January 1,

 

 

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1    1995.
2    (b) Notice to minor. The State shall serve upon the minor
3written notice of intention to prosecute under the provisions
4of this Section within 5 judicial days of the filing of a
5delinquency petition, adjudication upon which would mandate
6the minor's disposition as a Violent Juvenile Offender.
7    (c) Petition; service. A notice to seek adjudication as a
8Violent Juvenile Offender shall be filed only by the State's
9Attorney.
10    The petition upon which the Violent Juvenile Offender
11notice is based shall contain the information and averments
12required for all other delinquency petitions filed under this
13Act and its service shall be according to the provisions of
14this Act.
15    No prior adjudication shall be alleged in the petition.
16    (d) Trial. Trial on the petition shall be by jury unless
17the minor demands, in open court and with advice of counsel, a
18trial by the court without a jury.
19    Except as otherwise provided in this Section, the
20provisions of this Act concerning delinquency proceedings
21generally shall be applicable to Violent Juvenile Offender
22proceedings.
23    (e) Proof of prior adjudications. No evidence or other
24disclosure of prior adjudications shall be presented to the
25court or jury during an adjudicatory hearing provided for under
26this Section unless otherwise permitted by the issues properly

 

 

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1raised in that hearing. In the event the minor who is the
2subject of these proceedings elects to testify on his or her
3own behalf, it shall be competent to introduce evidence, for
4purposes of impeachment, that he or she has previously been
5adjudicated a delinquent minor upon facts which, had the minor
6been tried as an adult, would have resulted in the minor's
7conviction of a felony or of any offense that involved
8dishonesty or false statement. Introduction of such evidence
9shall be according to the rules and procedures applicable to
10the impeachment of an adult defendant by prior conviction.
11    After an admission of the facts in the petition or
12adjudication of delinquency, the State's Attorney may file with
13the court a verified written statement signed by the State's
14Attorney concerning any prior adjudication of an offense set
15forth in subsection (a) of this Section that would have been a
16felony or of any offense that involved dishonesty or false
17statement had the minor been tried as an adult.
18    The court shall then cause the minor to be brought before
19it; shall inform the minor of the allegations of the statement
20so filed, of his or her right to a hearing before the court on
21the issue of the prior adjudication and of his or her right to
22counsel at the hearing; and unless the minor admits the
23adjudication, the court shall hear and determine the issue, and
24shall make a written finding of the issue.
25    A duly authenticated copy of the record of any alleged
26prior adjudication shall be prima facie evidence of the prior

 

 

HB4784- 8 -LRB101 18955 RLC 68414 b

1adjudication or of any offense that involved dishonesty or
2false statement.
3    Any claim that a previous adjudication offered by the
4State's Attorney is not a former adjudication of an offense
5which, had the minor been prosecuted as an adult, would have
6resulted in his or her conviction of a Class 2 or greater
7felony involving the use or threat of force or violence, or a
8firearm, a felony or of any offense that involved dishonesty or
9false statement is waived unless duly raised at the hearing on
10the adjudication, or unless the State's Attorney's proof shows
11that the prior adjudication was not based upon proof of what
12would have been a felony.
13    (f) Disposition. If the court finds that the prerequisites
14established in subsection (a) of this Section have been proven,
15it shall adjudicate the minor a Violent Juvenile Offender and
16may commit the minor to the Department of Juvenile Justice
17until his or her 21st birthday, without possibility of
18aftercare release, furlough, or non-emergency authorized
19absence. However, the minor shall be entitled to earn one day
20of good conduct credit for each day served as reductions
21against the period of his or her confinement. The good conduct
22credits shall be earned or revoked according to the procedures
23applicable to the allowance and revocation of good conduct
24credit for adult prisoners serving determinate sentences for
25felonies.
26    For purposes of determining good conduct credit,

 

 

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1commitment as a Violent Juvenile Offender shall be considered a
2determinate commitment, and the difference between the date of
3the commitment and the minor's 21st birthday shall be
4considered the determinate period of his or her confinement.
5    (g) Nothing in this Section shall preclude the State's
6Attorney from seeking to prosecute a minor as a habitual
7juvenile offender or as an adult as an alternative to
8prosecution as a Violent Juvenile Offender.
9    (h) A continuance under supervision authorized by Section
105-615 of this Act shall not be permitted under this Section.
11(Source: P.A. 98-558, eff. 1-1-14.)