093_HB0416ham005
LRB093 06576 RLC 14200 a
1 AMENDMENT TO HOUSE BILL 416
2 AMENDMENT NO. . Amend House Bill 416, AS AMENDED, by
3 replacing the title with the following:
4 "AN ACT in relation to minors."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Juvenile Court Act of 1987 is amended by
8 changing Sections 5-130 and 5-407 as follows:
9 (705 ILCS 405/5-130)
10 Sec. 5-130. Excluded jurisdiction.
11 (1) (a) The definition of delinquent minor under Section
12 5-120 of this Article shall not apply to any minor who at the
13 time of an offense was at least 15 years of age and who is
14 charged with first degree murder, aggravated criminal sexual
15 assault, or aggravated battery with a firearm committed in a
16 school, on the real property comprising a school, within
17 1,000 feet of the real property comprising a school, at a
18 school related activity, or on, boarding, or departing from
19 any conveyance owned, leased, or contracted by a school or
20 school district to transport students to or from school or a
21 school related activity regardless of the time of day or time
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1 of year that the offense was committed, armed robbery when
2 the armed robbery was committed with a firearm, or aggravated
3 vehicular hijacking when the hijacking was committed with a
4 firearm.
5 These charges and all other charges arising out of the
6 same incident shall be prosecuted under the criminal laws of
7 this State.
8 For purposes of this paragraph (a) of subsection (l):
9 "School" means a public or private elementary or
10 secondary school, community college, college, or university.
11 "School related activity" means any sporting, social,
12 academic or other activity for which students' attendance or
13 participation is sponsored, organized, or funded in whole or
14 in part by a school or school district.
15 (b) (i) If before trial or plea an information or
16 indictment is filed that does not charge an offense specified
17 in paragraph (a) of this subsection (1) the State's Attorney
18 may proceed on any lesser charge or charges, but only in
19 Juvenile Court under the provisions of this Article. The
20 State's Attorney may proceed under the Criminal Code of 1961
21 on a lesser charge if before trial the minor defendant
22 knowingly and with advice of counsel waives, in writing, his
23 or her right to have the matter proceed in Juvenile Court.
24 (ii) If before trial or plea an information or
25 indictment is filed that includes one or more charges
26 specified in paragraph (a) of this subsection (1) and
27 additional charges that are not specified in that paragraph,
28 all of the charges arising out of the same incident shall be
29 prosecuted under the Criminal Code of 1961.
30 (c) (i) If after trial or plea the minor is convicted of
31 any offense covered by paragraph (a) of this subsection (1),
32 then, in sentencing the minor, the court shall have available
33 any or all dispositions prescribed for that offense under
34 Chapter V of the Unified Code of Corrections.
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1 (ii) If after trial or plea the court finds that the
2 minor committed an offense not covered by paragraph (a) of
3 this subsection (1), that finding shall not invalidate the
4 verdict or the prosecution of the minor under the criminal
5 laws of the State; however, unless the State requests a
6 hearing for the purpose of sentencing the minor under Chapter
7 V of the Unified Code of Corrections, the Court must proceed
8 under Sections 5-705 and 5-710 of this Article. To request a
9 hearing, the State must file a written motion within 10 days
10 following the entry of a finding or the return of a verdict.
11 Reasonable notice of the motion shall be given to the minor
12 or his or her counsel. If the motion is made by the State,
13 the court shall conduct a hearing to determine if the minor
14 should be sentenced under Chapter V of the Unified Code of
15 Corrections. In making its determination, the court shall
16 consider among other matters: (a) whether there is evidence
17 that the offense was committed in an aggressive and
18 premeditated manner; (b) the age of the minor; (c) the
19 previous history of the minor; (d) whether there are
20 facilities particularly available to the Juvenile Court or
21 the Department of Corrections, Juvenile Division, for the
22 treatment and rehabilitation of the minor; (e) whether the
23 security of the public requires sentencing under Chapter V of
24 the Unified Code of Corrections; and (f) whether the minor
25 possessed a deadly weapon when committing the offense. The
26 rules of evidence shall be the same as if at trial. If after
27 the hearing the court finds that the minor should be
28 sentenced under Chapter V of the Unified Code of Corrections,
29 then the court shall sentence the minor accordingly having
30 available to it any or all dispositions so prescribed.
31 (2) (Blank). (a) The definition of a delinquent minor
32 under Section 5-120 of this Article shall not apply to any
33 minor who at the time of the offense was at least 15 years of
34 age and who is charged with an offense under Section 401 of
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1 the Illinois Controlled Substances Act, while in a school,
2 regardless of the time of day or the time of year, or any
3 conveyance owned, leased or contracted by a school to
4 transport students to or from school or a school related
5 activity, or residential property owned, operated or managed
6 by a public housing agency or leased by a public housing
7 agency as part of a scattered site or mixed-income
8 development, on the real property comprising any school,
9 regardless of the time of day or the time of year, or
10 residential property owned, operated or managed by a public
11 housing agency or leased by a public housing agency as part
12 of a scattered site or mixed-income development, or on a
13 public way within 1,000 feet of the real property comprising
14 any school, regardless of the time of day or the time of
15 year, or residential property owned, operated or managed by a
16 public housing agency or leased by a public housing agency as
17 part of a scattered site or mixed-income development. School
18 is defined, for the purposes of this Section, as any public
19 or private elementary or secondary school, community college,
20 college, or university. These charges and all other charges
21 arising out of the same incident shall be prosecuted under
22 the criminal laws of this State.
23 (b) (i) If before trial or plea an information or
24 indictment is filed that does not charge an offense specified
25 in paragraph (a) of this subsection (2) the State's Attorney
26 may proceed on any lesser charge or charges, but only in
27 Juvenile Court under the provisions of this Article. The
28 State's Attorney may proceed under the criminal laws of this
29 State on a lesser charge if before trial the minor defendant
30 knowingly and with advice of counsel waives, in writing, his
31 or her right to have the matter proceed in Juvenile Court.
32 (ii) If before trial or plea an information or
33 indictment is filed that includes one or more charges
34 specified in paragraph (a) of this subsection (2) and
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1 additional charges that are not specified in that paragraph,
2 all of the charges arising out of the same incident shall be
3 prosecuted under the criminal laws of this State.
4 (c) (i) If after trial or plea the minor is convicted of
5 any offense covered by paragraph (a) of this subsection (2),
6 then, in sentencing the minor, the court shall have available
7 any or all dispositions prescribed for that offense under
8 Chapter V of the Unified Code of Corrections.
9 (ii) If after trial or plea the court finds that the
10 minor committed an offense not covered by paragraph (a) of
11 this subsection (2), that finding shall not invalidate the
12 verdict or the prosecution of the minor under the criminal
13 laws of the State; however, unless the State requests a
14 hearing for the purpose of sentencing the minor under Chapter
15 V of the Unified Code of Corrections, the Court must proceed
16 under Sections 5-705 and 5-710 of this Article. To request a
17 hearing, the State must file a written motion within 10 days
18 following the entry of a finding or the return of a verdict.
19 Reasonable notice of the motion shall be given to the minor
20 or his or her counsel. If the motion is made by the State,
21 the court shall conduct a hearing to determine if the minor
22 should be sentenced under Chapter V of the Unified Code of
23 Corrections. In making its determination, the court shall
24 consider among other matters: (a) whether there is evidence
25 that the offense was committed in an aggressive and
26 premeditated manner; (b) the age of the minor; (c) the
27 previous history of the minor; (d) whether there are
28 facilities particularly available to the Juvenile Court or
29 the Department of Corrections, Juvenile Division, for the
30 treatment and rehabilitation of the minor; (e) whether the
31 security of the public requires sentencing under Chapter V of
32 the Unified Code of Corrections; and (f) whether the minor
33 possessed a deadly weapon when committing the offense. The
34 rules of evidence shall be the same as if at trial. If after
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1 the hearing the court finds that the minor should be
2 sentenced under Chapter V of the Unified Code of Corrections,
3 then the court shall sentence the minor accordingly having
4 available to it any or all dispositions so prescribed.
5 (3) (Blank). (a) The definition of delinquent minor
6 under Section 5-120 of this Article shall not apply to any
7 minor who at the time of the offense was at least 15 years of
8 age and who is charged with a violation of the provisions of
9 paragraph (1), (3), (4), or (10) of subsection (a) of Section
10 24-1 of the Criminal Code of 1961 while in school, regardless
11 of the time of day or the time of year, or on the real
12 property comprising any school, regardless of the time of day
13 or the time of year. School is defined, for purposes of this
14 Section as any public or private elementary or secondary
15 school, community college, college, or university. These
16 charges and all other charges arising out of the same
17 incident shall be prosecuted under the criminal laws of this
18 State.
19 (b) (i) If before trial or plea an information or
20 indictment is filed that does not charge an offense specified
21 in paragraph (a) of this subsection (3) the State's Attorney
22 may proceed on any lesser charge or charges, but only in
23 Juvenile Court under the provisions of this Article. The
24 State's Attorney may proceed under the criminal laws of this
25 State on a lesser charge if before trial the minor defendant
26 knowingly and with advice of counsel waives, in writing, his
27 or her right to have the matter proceed in Juvenile Court.
28 (ii) If before trial or plea an information or
29 indictment is filed that includes one or more charges
30 specified in paragraph (a) of this subsection (3) and
31 additional charges that are not specified in that paragraph,
32 all of the charges arising out of the same incident shall be
33 prosecuted under the criminal laws of this State.
34 (c) (i) If after trial or plea the minor is convicted of
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1 any offense covered by paragraph (a) of this subsection (3),
2 then, in sentencing the minor, the court shall have available
3 any or all dispositions prescribed for that offense under
4 Chapter V of the Unified Code of Corrections.
5 (ii) If after trial or plea the court finds that the
6 minor committed an offense not covered by paragraph (a) of
7 this subsection (3), that finding shall not invalidate the
8 verdict or the prosecution of the minor under the criminal
9 laws of the State; however, unless the State requests a
10 hearing for the purpose of sentencing the minor under Chapter
11 V of the Unified Code of Corrections, the Court must proceed
12 under Sections 5-705 and 5-710 of this Article. To request a
13 hearing, the State must file a written motion within 10 days
14 following the entry of a finding or the return of a verdict.
15 Reasonable notice of the motion shall be given to the minor
16 or his or her counsel. If the motion is made by the State,
17 the court shall conduct a hearing to determine if the minor
18 should be sentenced under Chapter V of the Unified Code of
19 Corrections. In making its determination, the court shall
20 consider among other matters: (a) whether there is evidence
21 that the offense was committed in an aggressive and
22 premeditated manner; (b) the age of the minor; (c) the
23 previous history of the minor; (d) whether there are
24 facilities particularly available to the Juvenile Court or
25 the Department of Corrections, Juvenile Division, for the
26 treatment and rehabilitation of the minor; (e) whether the
27 security of the public requires sentencing under Chapter V of
28 the Unified Code of Corrections; and (f) whether the minor
29 possessed a deadly weapon when committing the offense. The
30 rules of evidence shall be the same as if at trial. If after
31 the hearing the court finds that the minor should be
32 sentenced under Chapter V of the Unified Code of Corrections,
33 then the court shall sentence the minor accordingly having
34 available to it any or all dispositions so prescribed.
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1 (4) (a) The definition of delinquent minor under Section
2 5-120 of this Article shall not apply to any minor who at the
3 time of an offense was at least 13 years of age and who is
4 charged with first degree murder committed during the course
5 of either aggravated criminal sexual assault, criminal sexual
6 assault, or aggravated kidnaping. However, this subsection
7 (4) does not include a minor charged with first degree murder
8 based exclusively upon the accountability provisions of the
9 Criminal Code of 1961.
10 (b) (i) If before trial or plea an information or
11 indictment is filed that does not charge first degree murder
12 committed during the course of aggravated criminal sexual
13 assault, criminal sexual assault, or aggravated kidnaping,
14 the State's Attorney may proceed on any lesser charge or
15 charges, but only in Juvenile Court under the provisions of
16 this Article. The State's Attorney may proceed under the
17 criminal laws of this State on a lesser charge if before
18 trial the minor defendant knowingly and with advice of
19 counsel waives, in writing, his or her right to have the
20 matter proceed in Juvenile Court.
21 (ii) If before trial or plea an information or
22 indictment is filed that includes first degree murder
23 committed during the course of aggravated criminal sexual
24 assault, criminal sexual assault, or aggravated kidnaping,
25 and additional charges that are not specified in paragraph
26 (a) of this subsection, all of the charges arising out of the
27 same incident shall be prosecuted under the criminal laws of
28 this State.
29 (c) (i) If after trial or plea the minor is convicted of
30 first degree murder committed during the course of aggravated
31 criminal sexual assault, criminal sexual assault, or
32 aggravated kidnaping, in sentencing the minor, the court
33 shall have available any or all dispositions prescribed for
34 that offense under Chapter V of the Unified Code of
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1 Corrections.
2 (ii) If the minor was not yet 15 years of age at the
3 time of the offense, and if after trial or plea the court
4 finds that the minor committed an offense other than first
5 degree murder committed during the course of either
6 aggravated criminal sexual assault, criminal sexual assault,
7 or aggravated kidnapping, the finding shall not invalidate
8 the verdict or the prosecution of the minor under the
9 criminal laws of the State; however, unless the State
10 requests a hearing for the purpose of sentencing the minor
11 under Chapter V of the Unified Code of Corrections, the Court
12 must proceed under Sections 5-705 and 5-710 of this Article.
13 To request a hearing, the State must file a written motion
14 within 10 days following the entry of a finding or the return
15 of a verdict. Reasonable notice of the motion shall be given
16 to the minor or his or her counsel. If the motion is made by
17 the State, the court shall conduct a hearing to determine
18 whether the minor should be sentenced under Chapter V of the
19 Unified Code of Corrections. In making its determination,
20 the court shall consider among other matters: (a) whether
21 there is evidence that the offense was committed in an
22 aggressive and premeditated manner; (b) the age of the
23 minor; (c) the previous delinquent history of the minor;
24 (d) whether there are facilities particularly available to
25 the Juvenile Court or the Department of Corrections, Juvenile
26 Division, for the treatment and rehabilitation of the minor;
27 (e) whether the best interest of the minor and the security
28 of the public require sentencing under Chapter V of the
29 Unified Code of Corrections; and (f) whether the minor
30 possessed a deadly weapon when committing the offense. The
31 rules of evidence shall be the same as if at trial. If after
32 the hearing the court finds that the minor should be
33 sentenced under Chapter V of the Unified Code of Corrections,
34 then the court shall sentence the minor accordingly having
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1 available to it any or all dispositions so prescribed.
2 (5) (a) The definition of delinquent minor under Section
3 5-120 of this Article shall not apply to any minor who is
4 charged with a violation of subsection (a) of Section 31-6 or
5 Section 32-10 of the Criminal Code of 1961 when the minor is
6 subject to prosecution under the criminal laws of this State
7 as a result of the application of the provisions of Section
8 5-125, or subsection (1) or (2) of this Section. These
9 charges and all other charges arising out of the same
10 incident shall be prosecuted under the criminal laws of this
11 State.
12 (b) (i) If before trial or plea an information or
13 indictment is filed that does not charge an offense specified
14 in paragraph (a) of this subsection (5), the State's Attorney
15 may proceed on any lesser charge or charges, but only in
16 Juvenile Court under the provisions of this Article. The
17 State's Attorney may proceed under the criminal laws of this
18 State on a lesser charge if before trial the minor defendant
19 knowingly and with advice of counsel waives, in writing, his
20 or her right to have the matter proceed in Juvenile Court.
21 (ii) If before trial or plea an information or
22 indictment is filed that includes one or more charges
23 specified in paragraph (a) of this subsection (5) and
24 additional charges that are not specified in that paragraph,
25 all of the charges arising out of the same incident shall be
26 prosecuted under the criminal laws of this State.
27 (c) (i) If after trial or plea the minor is convicted of
28 any offense covered by paragraph (a) of this subsection (5),
29 then, in sentencing the minor, the court shall have available
30 any or all dispositions prescribed for that offense under
31 Chapter V of the Unified Code of Corrections.
32 (ii) If after trial or plea the court finds that the
33 minor committed an offense not covered by paragraph (a) of
34 this subsection (5), the conviction shall not invalidate the
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1 verdict or the prosecution of the minor under the criminal
2 laws of this State; however, unless the State requests a
3 hearing for the purpose of sentencing the minor under Chapter
4 V of the Unified Code of Corrections, the Court must proceed
5 under Sections 5-705 and 5-710 of this Article. To request a
6 hearing, the State must file a written motion within 10 days
7 following the entry of a finding or the return of a verdict.
8 Reasonable notice of the motion shall be given to the minor
9 or his or her counsel. If the motion is made by the State,
10 the court shall conduct a hearing to determine if whether the
11 minor should be sentenced under Chapter V of the Unified Code
12 of Corrections. In making its determination, the court shall
13 consider among other matters: (a) whether there is evidence
14 that the offense was committed in an aggressive and
15 premeditated manner; (b) the age of the minor; (c) the
16 previous delinquent history of the minor; (d) whether there
17 are facilities particularly available to the Juvenile Court
18 or the Department of Corrections, Juvenile Division, for the
19 treatment and rehabilitation of the minor; (e) whether the
20 security of the public requires sentencing under Chapter V of
21 the Unified Code of Corrections; and (f) whether the minor
22 possessed a deadly weapon when committing the offense. The
23 rules of evidence shall be the same as if at trial. If after
24 the hearing the court finds that the minor should be
25 sentenced under Chapter V of the Unified Code of Corrections,
26 then the court shall sentence the minor accordingly having
27 available to it any or all dispositions so prescribed.
28 (6) The definition of delinquent minor under Section
29 5-120 of this Article shall not apply to any minor who,
30 pursuant to subsection (1), (2), or (3) or Section 5-805, or
31 5-810, has previously been placed under the jurisdiction of
32 the criminal court and has been convicted of a crime under an
33 adult criminal or penal statute. Such a minor shall be
34 subject to prosecution under the criminal laws of this State.
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1 (7) The procedures set out in this Article for the
2 investigation, arrest and prosecution of juvenile offenders
3 shall not apply to minors who are excluded from jurisdiction
4 of the Juvenile Court, except that minors under 17 years of
5 age shall be kept separate from confined adults.
6 (8) Nothing in this Act prohibits or limits the
7 prosecution of any minor for an offense committed on or after
8 his or her 17th birthday even though he or she is at the time
9 of the offense a ward of the court.
10 (9) If an original petition for adjudication of wardship
11 alleges the commission by a minor 13 years of age or over of
12 an act that constitutes a crime under the laws of this State,
13 the minor, with the consent of his or her counsel, may, at
14 any time before commencement of the adjudicatory hearing,
15 file with the court a motion that criminal prosecution be
16 ordered and that the petition be dismissed insofar as the act
17 or acts involved in the criminal proceedings are concerned.
18 If such a motion is filed as herein provided, the court shall
19 enter its order accordingly.
20 (10) (Blank). If a minor is subject to the provisions of
21 subsection (2) of this Section, other than a minor charged
22 with a Class X felony violation of the Illinois Controlled
23 Substances Act, any party including the minor or the court
24 sua sponte may, before trial, move for a hearing for the
25 purpose of trying and sentencing the minor as a delinquent
26 minor. To request a hearing, the party must file a motion
27 prior to trial. Reasonable notice of the motion shall be
28 given to all parties. On its own motion or upon the filing of
29 a motion by one of the parties including the minor, the court
30 shall conduct a hearing to determine whether the minor should
31 be tried and sentenced as a delinquent minor under this
32 Article. In making its determination, the court shall
33 consider among other matters:
34 (a) The age of the minor;
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1 (b) Any previous delinquent or criminal history of the
2 minor;
3 (c) Any previous abuse or neglect history of the minor;
4 (d) Any mental health or educational history of the
5 minor, or both; and
6 (e) Whether there is probable cause to support the
7 charge, whether the minor is charged through accountability,
8 and whether there is evidence the minor possessed a deadly
9 weapon or caused serious bodily harm during the offense.
10 Any material that is relevant and reliable shall be
11 admissible at the hearing. In all cases, the judge shall
12 enter an order permitting prosecution under the criminal laws
13 of Illinois unless the judge makes a finding based on a
14 preponderance of the evidence that the minor would be
15 amenable to the care, treatment, and training programs
16 available through the facilities of the juvenile court based
17 on an evaluation of the factors listed in this subsection
18 (10).
19 (Source: P.A. 91-15, eff. 1-1-00; 91-673, eff. 12-22-99;
20 92-16, eff. 6-28-01; 92-665, eff. 1-1-03.)
21 (705 ILCS 405/5-407)
22 Sec. 5-407. Processing of juvenile in possession of a
23 firearm.
24 (a) If a law enforcement officer detains a minor
25 pursuant to Section 10-27.1A of the School Code, the officer
26 shall deliver the minor to the nearest juvenile officer, in
27 the manner prescribed by subsection (2) of Section 5-405 of
28 this Act. The juvenile officer shall deliver the minor
29 without unnecessary delay to the court or to the place
30 designated by rule or order of court for the reception of
31 minors. In no event shall the minor be eligible for any
32 other disposition by the juvenile police officer,
33 notwithstanding the provisions of subsection (3) of Section
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1 5-405 of this Act.
2 (b) Minors not excluded from this Act's jurisdiction
3 under subsection (3)(a) of Section 5-130 of this Act shall be
4 brought before a judicial officer within 40 hours, exclusive
5 of Saturdays, Sundays, and court-designated holidays, for a
6 detention hearing to determine whether he or she shall be
7 further held in custody. If the court finds that there is
8 probable cause to believe that the minor is a delinquent
9 minor by virtue of his or her violation of item (4) of
10 subsection (a) of Section 24-1 of the Criminal Code of 1961
11 while on school grounds, that finding shall create a
12 presumption that immediate and urgent necessity exists under
13 subdivision (2) of Section 5-501 of this Act. Once the
14 presumption of immediate and urgent necessity has been
15 raised, the burden of demonstrating the lack of immediate and
16 urgent necessity shall be on any party that is opposing
17 detention for the minor. Should the court order detention
18 pursuant to this Section, the minor shall be detained,
19 pending the results of a court-ordered psychological
20 evaluation to determine if the minor is a risk to himself,
21 herself, or others. Upon receipt of the psychological
22 evaluation, the court shall review the determination
23 regarding the existence of urgent and immediate necessity.
24 The court shall consider the psychological evaluation in
25 conjunction with the other factors identified in subdivision
26 (2) of Section 5-501 of this Act in order to make a de novo
27 determination regarding whether it is a matter of immediate
28 and urgent necessity for the protection of the minor or of
29 the person or property of another that the minor be detained
30 or placed in a shelter care facility. In addition to the
31 pre-trial conditions found in Section 5-505 of this Act, the
32 court may order the minor to receive counseling and any other
33 services recommended by the psychological evaluation as a
34 condition for release of the minor.
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1 (c) Upon making a determination that the student
2 presents a risk to himself, herself, or others, the court
3 shall issue an order restraining the student from entering
4 the property of the school if he or she has been suspended or
5 expelled from the school as a result of possessing a firearm.
6 The order shall restrain the student from entering the school
7 and school owned or leased property, including any conveyance
8 owned, leased, or contracted by the school to transport
9 students to or from school or a school-related activity. The
10 order shall remain in effect until such time as the court
11 determines that the student no longer presents a risk to
12 himself, herself, or others.
13 (d) Psychological evaluations ordered pursuant to
14 subsection (b) of this Section and statements made by the
15 minor during the course of these evaluations, shall not be
16 admissible on the issue of delinquency during the course of
17 any adjudicatory hearing held under this Act.
18 (e) In this Section:
19 "School" means any public or private elementary or
20 secondary school.
21 "School grounds" includes the real property comprising
22 any school, any conveyance owned, leased, or contracted by a
23 school to transport students to or from school or a
24 school-related activity, or any public way within 1,000 feet
25 of the real property comprising any school.
26 (Source: P.A. 91-11, eff. 6-4-99.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.".