093_HB2853ham001
LRB093 10695 RLC 13135 a
1 AMENDMENT TO HOUSE BILL 2853
2 AMENDMENT NO. . Amend House Bill 2853 as follows:
3 by replacing lines 14 through 34 on page 45 and all of page
4 46 with the following:
5 "(2) (Blank). Presumptive transfer.
6 (a) If the State's Attorney files a petition, at
7 any time prior to commencement of the minor's trial, to
8 permit prosecution under the criminal laws and the
9 petition alleges the commission by a minor 15 years of
10 age or older of: (i) a Class X felony other than armed
11 violence; (ii) aggravated discharge of a firearm; (iii)
12 armed violence with a firearm when the predicate offense
13 is a Class 1 or Class 2 felony and the State's Attorney's
14 motion to transfer the case alleges that the offense
15 committed is in furtherance of the criminal activities of
16 an organized gang; (iv) armed violence with a firearm
17 when the predicate offense is a violation of the Illinois
18 Controlled Substances Act or a violation of the Cannabis
19 Control Act; (v) armed violence when the weapon involved
20 was a machine gun or other weapon described in subsection
21 (a)(7) of Section 24-1 of the Criminal Code of 1961, and,
22 if the juvenile judge assigned to hear and determine
23 motions to transfer a case for prosecution in the
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1 criminal court determines that there is probable cause to
2 believe that the allegations in the petition and motion
3 are true, there is a rebuttable presumption that the
4 minor is not a fit and proper subject to be dealt with
5 under the Juvenile Justice Reform Provisions of 1998
6 (Public Act 90-590), and that, except as provided in
7 paragraph (b), the case should be transferred to the
8 criminal court.
9 (b) The judge shall enter an order permitting
10 prosecution under the criminal laws of Illinois unless
11 the judge makes a finding based on clear and convincing
12 evidence that the minor would be amenable to the care,
13 treatment, and training programs available through the
14 facilities of the juvenile court based on an evaluation
15 of the following:
16 (i) The seriousness of the alleged offense;
17 (ii) The minor's history of delinquency;
18 (iii) The age of the minor;
19 (iv) The culpability of the minor in committing
20 the alleged offense;
21 (v) Whether the offense was committed in an
22 aggressive or premeditated manner;
23 (vi) Whether the minor used or possessed a deadly
24 weapon when committing the alleged offense;
25 (vii) The minor's history of services, including
26 the minor's willingness to participate meaningfully in
27 available services;
28 (viii) Whether there is a reasonable likelihood that
29 the minor can be rehabilitated before the expiration of
30 the juvenile court's jurisdiction;
31 (ix) The adequacy of the punishment or services
32 available in the juvenile justice system.
33 In considering these factors, the court shall give
34 greater weight to the seriousness of the alleged offense and
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1 the minor's prior record of delinquency than to the other
2 factors listed in this subsection.".