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1 | AN ACT in relation to minors.
| |||||||||||||||||||
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
Section 5-130 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 1,000 | |||||||||||||||||||
14 | feet of the real
property comprising a school, at a school | |||||||||||||||||||
15 | related activity, or on, boarding, or
departing from any | |||||||||||||||||||
16 | conveyance owned, leased, or contracted by a school or
school | |||||||||||||||||||
17 | district to transport
students to or from school or a school | |||||||||||||||||||
18 | related activity regardless of the time
of day or time of year | |||||||||||||||||||
19 | that the offense was committed, armed robbery when the
armed | |||||||||||||||||||
20 | robbery was committed with a firearm, or aggravated vehicular | |||||||||||||||||||
21 | hijacking
when the hijacking was committed with a firearm.
| |||||||||||||||||||
22 | These charges and all other charges arising out of the same | |||||||||||||||||||
23 | incident shall
be prosecuted under the criminal laws of this | |||||||||||||||||||
24 | State.
| |||||||||||||||||||
25 | For purposes of this paragraph (a) of subsection (l):
| |||||||||||||||||||
26 | "School" means a public or private elementary or secondary | |||||||||||||||||||
27 | school, community
college, college, or university.
| |||||||||||||||||||
28 | "School related activity" means any sporting, social, | |||||||||||||||||||
29 | academic or other
activity for which students' attendance or | |||||||||||||||||||
30 | participation is sponsored,
organized, or funded in whole or in | |||||||||||||||||||
31 | part by a school or school district.
| |||||||||||||||||||
32 | (b) (i) If before trial or plea an information or |
| |||||||
|
|||||||
1 | indictment is filed that
does not charge an offense specified | ||||||
2 | in paragraph (a) of this subsection
(1) the State's Attorney | ||||||
3 | may proceed on any lesser charge or charges, but
only in | ||||||
4 | Juvenile Court under the provisions of this Article. The | ||||||
5 | State's
Attorney may proceed under the Criminal Code of 1961 on | ||||||
6 | a lesser charge if
before trial the minor defendant knowingly | ||||||
7 | and with advice of counsel waives,
in writing, his or her right | ||||||
8 | to have the matter proceed in Juvenile Court.
| ||||||
9 | (ii) If before trial or plea an information or indictment | ||||||
10 | is filed that
includes one or more charges specified in | ||||||
11 | paragraph (a) of this subsection
(1) and
additional charges | ||||||
12 | that are not specified in that paragraph, all of the charges
| ||||||
13 | arising out of the same incident shall be prosecuted under the | ||||||
14 | Criminal Code of
1961.
| ||||||
15 | (c) (i) If after trial or plea the minor is convicted of | ||||||
16 | any offense
covered by paragraph (a) of this subsection (1), | ||||||
17 | then, in sentencing the minor,
the court shall have available | ||||||
18 | any or all dispositions prescribed for that
offense under | ||||||
19 | Chapter V of the Unified Code of Corrections.
| ||||||
20 | (ii) If after trial or plea the court finds that the minor | ||||||
21 | committed an
offense not covered by paragraph (a) of this | ||||||
22 | subsection (1), that finding shall
not invalidate the verdict | ||||||
23 | or the prosecution of the minor under the criminal
laws of the | ||||||
24 | State; however, unless the State requests a hearing for the
| ||||||
25 | purpose of sentencing the minor under Chapter V of the Unified | ||||||
26 | Code of
Corrections, the Court must proceed under Sections | ||||||
27 | 5-705 and 5-710 of this
Article. To request a hearing, the | ||||||
28 | State must file a written motion within 10
days following the | ||||||
29 | entry of a finding or the return of a verdict. Reasonable
| ||||||
30 | notice of the motion shall be given to the minor or his or her | ||||||
31 | counsel.
If the motion is made by the State, the court shall | ||||||
32 | conduct a hearing to
determine if the minor should be sentenced | ||||||
33 | under Chapter V of the Unified Code
of Corrections. In making | ||||||
34 | its determination, the court shall consider among
other | ||||||
35 | matters: (a) whether there is
evidence that the offense was | ||||||
36 | committed in an aggressive and premeditated
manner; (b) the age |
| |||||||
|
|||||||
1 | of the minor; (c) the previous history of the
minor; (d) | ||||||
2 | whether there are facilities particularly available to the | ||||||
3 | Juvenile
Court or the Department of Corrections, Juvenile | ||||||
4 | Division, for the treatment
and rehabilitation of the minor; | ||||||
5 | (e) whether
the security of the public requires sentencing | ||||||
6 | under Chapter V of the
Unified Code of Corrections; and (f) | ||||||
7 | whether the minor possessed a deadly
weapon when committing the | ||||||
8 | offense. The rules of evidence shall be the same as
if at | ||||||
9 | trial. If after the hearing the court finds that the minor | ||||||
10 | should be
sentenced under Chapter V of the Unified Code of | ||||||
11 | Corrections, then the court
shall sentence the minor | ||||||
12 | accordingly having available to it any or all
dispositions so | ||||||
13 | prescribed.
| ||||||
14 | (2) (a) The definition of a delinquent minor under Section
| ||||||
15 | 5-120 of
this Article shall not apply to any minor who at the | ||||||
16 | time of the offense was at
least 15 years of age and who is | ||||||
17 | charged with an offense under Section 401 of
the Illinois | ||||||
18 | Controlled Substances Act, while in a school, regardless of the
| ||||||
19 | time of day or the time of year, or any conveyance owned, | ||||||
20 | leased or contracted
by a school to transport students to or | ||||||
21 | from school or a school related
activity, or residential | ||||||
22 | property owned, operated or managed by a public
housing agency | ||||||
23 | or leased by a public housing agency as part of a scattered
| ||||||
24 | site or mixed-income development, on the real property | ||||||
25 | comprising any school,
regardless of the time of day or the | ||||||
26 | time of year, or residential property
owned, operated or | ||||||
27 | managed by a public housing agency or leased by a public
| ||||||
28 | housing agency as part of a scattered site or mixed-income | ||||||
29 | development, or
on a public way within 1,000 feet of the real | ||||||
30 | property comprising any school,
regardless of the time of day | ||||||
31 | or the time of year, or
residential property owned, operated or | ||||||
32 | managed by a public housing agency
or leased by a public | ||||||
33 | housing agency as part of a scattered site or
mixed-income | ||||||
34 | development. School is defined, for the purposes of this | ||||||
35 | Section,
as any public or private elementary or secondary | ||||||
36 | school, community college,
college, or university. These |
| |||||||
|
|||||||
1 | charges and all other charges arising out of the
same incident | ||||||
2 | shall be prosecuted under the criminal laws of this State.
| ||||||
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 (2)
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 laws of this | ||||||
9 | State on a lesser charge if before
trial the minor defendant | ||||||
10 | knowingly and with advice of counsel waives,
in writing, his or | ||||||
11 | her right to have the matter proceed in Juvenile Court.
| ||||||
12 | (ii) If before trial or plea an information or indictment | ||||||
13 | is filed that
includes one or more charges specified in | ||||||
14 | paragraph (a) of this subsection (2)
and additional charges | ||||||
15 | that are not specified in that paragraph, all of the
charges | ||||||
16 | arising out of the same incident shall be prosecuted under the | ||||||
17 | criminal
laws of this State.
| ||||||
18 | (c) (i) If after trial or plea the minor is convicted of | ||||||
19 | any offense
covered by paragraph (a) of this subsection (2), | ||||||
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 minor | ||||||
24 | committed an
offense not covered by paragraph (a) of this | ||||||
25 | subsection (2), that finding shall
not invalidate the verdict | ||||||
26 | or the prosecution of the minor under the criminal
laws of the | ||||||
27 | State; however, unless the State requests a hearing for the
| ||||||
28 | purpose of sentencing the minor under Chapter V of the Unified | ||||||
29 | Code of
Corrections, the Court must proceed under Sections | ||||||
30 | 5-705 and 5-710 of this
Article. To request a hearing, the | ||||||
31 | State must file a written motion within 10
days following the | ||||||
32 | entry of a finding or the return of a verdict. Reasonable
| ||||||
33 | notice of the motion shall be given to the minor or his or her | ||||||
34 | counsel. If the
motion is made by the State, the court shall | ||||||
35 | conduct a hearing to determine
if the minor should be sentenced | ||||||
36 | under Chapter V of the Unified Code of
Corrections. In making |
| |||||||
|
|||||||
1 | its determination, the court shall consider among
other | ||||||
2 | matters: (a) whether there is evidence that the offense was | ||||||
3 | committed
in an aggressive and premeditated manner; (b) the age | ||||||
4 | of the minor; (c) the
previous history of the minor; (d) | ||||||
5 | whether there are facilities particularly
available to the | ||||||
6 | Juvenile Court or the Department of Corrections, Juvenile
| ||||||
7 | Division, for the treatment and rehabilitation of the minor; | ||||||
8 | (e) whether the
security of the public requires sentencing | ||||||
9 | under Chapter V of the Unified Code
of Corrections; and (f) | ||||||
10 | whether the minor possessed a deadly weapon when
committing the | ||||||
11 | offense. The rules of evidence shall be the same as if at
| ||||||
12 | trial. If after the hearing the court finds that the minor | ||||||
13 | should be sentenced
under Chapter V of the Unified Code of | ||||||
14 | Corrections, then the court shall
sentence the minor | ||||||
15 | accordingly having available to it any or all dispositions
so | ||||||
16 | prescribed.
| ||||||
17 | (3) (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 the offense was at
least 15 years of age and who is | ||||||
20 | charged with a violation of the provisions of
paragraph (1), | ||||||
21 | (3), (4), or (10) of subsection (a) of Section 24-1 of the
| ||||||
22 | Criminal Code of 1961 while in school, regardless of the time | ||||||
23 | of day or the
time of year, or on the real property comprising | ||||||
24 | any school, regardless of the
time of day or the time of year. | ||||||
25 | School is defined, for purposes of this
Section as any public | ||||||
26 | or private elementary or secondary school, community
college, | ||||||
27 | college, or university. These charges and all other charges | ||||||
28 | arising
out of the same incident shall be prosecuted under the | ||||||
29 | criminal laws of this
State.
| ||||||
30 | (b) (i) If before trial or plea an information or | ||||||
31 | indictment is filed that
does not charge an offense specified | ||||||
32 | in paragraph (a) of this subsection (3)
the State's Attorney | ||||||
33 | may proceed on any lesser charge or charges, but only in
| ||||||
34 | Juvenile Court under the provisions of this Article. The | ||||||
35 | State's Attorney may
proceed under the criminal laws of this | ||||||
36 | State on a lesser charge if before
trial the minor defendant |
| |||||||
|
|||||||
1 | knowingly and with advice of counsel waives, in
writing, his or | ||||||
2 | her right to have the matter proceed in Juvenile Court.
| ||||||
3 | (ii) If before trial or plea an information or indictment | ||||||
4 | is filed that
includes one or more charges specified in | ||||||
5 | paragraph (a) of this subsection (3)
and additional charges | ||||||
6 | that are not specified in that paragraph, all of the
charges | ||||||
7 | arising out of the same incident shall be prosecuted under the | ||||||
8 | 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 (3), | ||||||
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 minor | ||||||
15 | committed an
offense not covered by paragraph (a) of this | ||||||
16 | subsection (3), that finding shall
not invalidate the verdict | ||||||
17 | or the prosecution of the minor under the criminal
laws of the | ||||||
18 | State; however, unless the State requests a hearing for the
| ||||||
19 | purpose of sentencing the minor under Chapter V of the Unified | ||||||
20 | Code of
Corrections, the Court must proceed under Sections | ||||||
21 | 5-705 and 5-710 of this
Article. To request a hearing, the | ||||||
22 | State must file a written motion within 10
days following the | ||||||
23 | entry of a finding or the return of a verdict. Reasonable
| ||||||
24 | notice of the motion shall be given to the minor or his or her | ||||||
25 | counsel. If the
motion is made by the State, the court shall | ||||||
26 | conduct a hearing to determine if
the minor should be sentenced | ||||||
27 | under Chapter V of the Unified Code of
Corrections. In making | ||||||
28 | its determination, the court shall consider
among other | ||||||
29 | matters: (a) whether there is
evidence that the offense was | ||||||
30 | committed in an aggressive and premeditated
manner; (b) the age | ||||||
31 | of the minor; (c) the previous history of the
minor; (d) | ||||||
32 | whether there are facilities particularly available to the | ||||||
33 | Juvenile
Court or the Department of Corrections, Juvenile | ||||||
34 | Division, for the treatment
and rehabilitation of the minor; | ||||||
35 | (e) whether
the security of the public requires sentencing | ||||||
36 | under Chapter V of the
Unified Code of Corrections; and (f) |
| |||||||
|
|||||||
1 | whether the minor possessed a deadly
weapon when committing the | ||||||
2 | offense. The rules of evidence shall be the same as
if at | ||||||
3 | trial. If after the hearing the court finds that the minor | ||||||
4 | should be
sentenced under Chapter V of the Unified Code of | ||||||
5 | Corrections, then the court
shall sentence the minor | ||||||
6 | accordingly having available to it any or all
dispositions so | ||||||
7 | prescribed.
| ||||||
8 | (4) (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 13
years of age and who is | ||||||
11 | charged with first degree murder committed during the
course of | ||||||
12 | either aggravated criminal sexual assault, criminal sexual | ||||||
13 | assault,
or aggravated kidnaping. However, this subsection (4) | ||||||
14 | does not include a minor
charged with first degree murder based | ||||||
15 | exclusively upon the accountability
provisions of the Criminal | ||||||
16 | Code of 1961.
| ||||||
17 | (b) (i) If before trial or plea an information or | ||||||
18 | indictment is filed that
does not charge first degree murder | ||||||
19 | committed during the course of aggravated
criminal sexual | ||||||
20 | assault, criminal
sexual assault, or aggravated kidnaping, the | ||||||
21 | State's Attorney may proceed on
any lesser charge or charges, | ||||||
22 | but only in Juvenile Court under the provisions
of this | ||||||
23 | Article. The State's Attorney may proceed under the criminal | ||||||
24 | laws of
this State
on a lesser charge if before trial the minor | ||||||
25 | defendant knowingly and with
advice of counsel waives, in | ||||||
26 | writing, his or her right to have the matter
proceed in | ||||||
27 | Juvenile Court.
| ||||||
28 | (ii) If before trial or plea an information or
indictment | ||||||
29 | is filed that includes first degree murder committed during the
| ||||||
30 | course of aggravated criminal sexual assault, criminal sexual | ||||||
31 | assault, or
aggravated kidnaping, and additional charges that | ||||||
32 | are not specified in
paragraph (a) of this subsection, all of | ||||||
33 | the charges arising out of the same
incident shall be | ||||||
34 | prosecuted under the criminal laws of this State.
| ||||||
35 | (c) (i) If after trial or plea the minor is convicted of | ||||||
36 | first degree
murder
committed during the course of aggravated |
| |||||||
|
|||||||
1 | criminal sexual assault, criminal
sexual assault, or | ||||||
2 | aggravated kidnaping, in sentencing the minor, the court
shall | ||||||
3 | have available any or all dispositions prescribed for that | ||||||
4 | offense under
Chapter V of the Unified Code of Corrections.
| ||||||
5 | (ii) If the minor was not yet 15
years of age at the time of | ||||||
6 | the offense, and if after trial or plea the court
finds that | ||||||
7 | the minor
committed an offense other than first degree murder | ||||||
8 | committed during
the course of either aggravated criminal | ||||||
9 | sexual assault, criminal sexual
assault, or aggravated | ||||||
10 | kidnapping, the finding shall not invalidate the
verdict or the | ||||||
11 | prosecution of the minor under the criminal laws of the State;
| ||||||
12 | however, unless the State requests a hearing for the purpose of | ||||||
13 | sentencing the
minor under
Chapter V of the Unified Code of | ||||||
14 | Corrections, the Court must proceed under
Sections 5-705 and | ||||||
15 | 5-710 of this Article. To request a hearing, the State must
| ||||||
16 | file a written motion within 10 days following the entry of a | ||||||
17 | finding or the
return of a verdict. Reasonable notice of the | ||||||
18 | motion shall be given to the
minor or his or her counsel. If | ||||||
19 | the motion is made by the State, the court
shall conduct a | ||||||
20 | hearing to determine whether the minor should be sentenced
| ||||||
21 | under Chapter V of the
Unified Code of Corrections. In making | ||||||
22 | its determination, the court shall
consider among other | ||||||
23 | matters: (a) whether there is evidence that the offense
was | ||||||
24 | committed in an
aggressive and premeditated manner; (b) the age | ||||||
25 | of the minor; (c) the
previous delinquent history of the minor; | ||||||
26 | (d) whether there are facilities
particularly available to the | ||||||
27 | Juvenile Court or the Department of Corrections,
Juvenile | ||||||
28 | Division,
for the treatment and rehabilitation of the minor; | ||||||
29 | (e) whether the best
interest of the minor and the security of | ||||||
30 | the public require sentencing under
Chapter V of the Unified | ||||||
31 | Code of Corrections; and (f) whether the minor
possessed a | ||||||
32 | deadly weapon when committing the offense. The rules of | ||||||
33 | evidence
shall be the same as if at trial. If after the hearing | ||||||
34 | the court finds that
the minor should be sentenced under | ||||||
35 | Chapter V of the Unified Code of
Corrections, then the court | ||||||
36 | shall sentence the minor accordingly having
available to it any |
| |||||||
|
|||||||
1 | 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 as | ||||||
7 | a result of the
application of the provisions of Section 5-125, | ||||||
8 | or subsection (1) or (2) of
this Section. These charges and all | ||||||
9 | other charges arising out of the same
incident shall be | ||||||
10 | prosecuted under the criminal laws of this State.
| ||||||
11 | (b) (i) If before trial or plea an information or | ||||||
12 | indictment is filed that
does not charge an offense specified | ||||||
13 | in paragraph (a) of this subsection (5),
the State's Attorney | ||||||
14 | may proceed on any lesser charge or charges, but only in
| ||||||
15 | Juvenile Court under the provisions of this Article. The | ||||||
16 | State's Attorney may
proceed under the criminal laws of this | ||||||
17 | State on a lesser charge if before
trial the minor defendant | ||||||
18 | knowingly and with advice of counsel waives, in
writing, his or | ||||||
19 | her right to have the matter proceed in Juvenile Court.
| ||||||
20 | (ii) If before trial
or plea an information or indictment | ||||||
21 | is filed that includes one or more charges
specified in | ||||||
22 | paragraph (a) of this subsection (5) and additional charges | ||||||
23 | that
are not specified in that paragraph, all of
the charges | ||||||
24 | arising out of the same incident shall be prosecuted under the
| ||||||
25 | criminal laws of this State.
| ||||||
26 | (c) (i) If after trial or plea the minor is convicted of | ||||||
27 | any offense
covered
by paragraph (a) of this subsection (5), | ||||||
28 | then, in sentencing the minor, the
court shall have available | ||||||
29 | any or all dispositions prescribed for that offense
under | ||||||
30 | Chapter V of the Unified Code of Corrections.
| ||||||
31 | (ii) If after trial or
plea the court finds that the minor | ||||||
32 | committed an offense not covered by
paragraph (a) of
this | ||||||
33 | subsection (5), the conviction shall not invalidate the verdict | ||||||
34 | or the
prosecution of the minor under the criminal laws of this | ||||||
35 | State; however,
unless the State requests a hearing for the
| ||||||
36 | purpose of sentencing the minor under Chapter V of the Unified |
| |||||||
|
|||||||
1 | Code of
Corrections, the Court must proceed under Sections | ||||||
2 | 5-705 and 5-710 of this
Article.
To request a hearing, the | ||||||
3 | State must file a written motion within 10 days
following the | ||||||
4 | entry of a finding or the return of a verdict. Reasonable | ||||||
5 | notice
of the motion shall be given to the minor or his or her | ||||||
6 | counsel. If the motion
is made by the State, the court shall | ||||||
7 | conduct a hearing to determine if whether
the minor should be | ||||||
8 | sentenced under Chapter V of the Unified Code of
Corrections. | ||||||
9 | In making its determination, the court shall consider among | ||||||
10 | other
matters: (a) whether there is evidence that the offense | ||||||
11 | was committed in an
aggressive and premeditated manner; (b) the | ||||||
12 | age of the minor; (c) the previous
delinquent history of the | ||||||
13 | minor; (d) whether there are facilities particularly
available | ||||||
14 | to the Juvenile Court or the Department of Corrections, | ||||||
15 | Juvenile
Division, for the treatment and rehabilitation of the | ||||||
16 | minor; (e) whether
the security of the public requires | ||||||
17 | sentencing under Chapter V of the Unified
Code of Corrections; | ||||||
18 | and (f) whether the minor possessed a deadly weapon when
| ||||||
19 | committing the offense. The rules of evidence shall be the same | ||||||
20 | as if at
trial. If after the hearing the court finds that the | ||||||
21 | minor should be sentenced
under Chapter V of the Unified Code | ||||||
22 | of Corrections, then the court shall
sentence the minor | ||||||
23 | accordingly having available to it any or all dispositions
so | ||||||
24 | prescribed.
| ||||||
25 | (6) The definition of delinquent minor under Section 5-120 | ||||||
26 | of this Article
shall not apply to any minor who, pursuant to | ||||||
27 | subsection (1), (2), or (3) or
Section 5-805, or 5-810, has | ||||||
28 | previously been placed under the jurisdiction of
the criminal | ||||||
29 | court and has been convicted of a crime under an adult criminal | ||||||
30 | or
penal statute. Such a minor shall be subject to prosecution | ||||||
31 | under the criminal
laws of this State.
| ||||||
32 | (7) The procedures set out in this Article for the | ||||||
33 | investigation, arrest and
prosecution of juvenile offenders | ||||||
34 | shall not apply to minors who are excluded
from jurisdiction of | ||||||
35 | the Juvenile Court, except that minors under 17 years of
age | ||||||
36 | shall be kept separate from confined adults.
|
| |||||||
|
|||||||
1 | (8) Nothing in this Act prohibits or limits the prosecution | ||||||
2 | of any
minor for an offense committed on or after his or her | ||||||
3 | 17th birthday even though
he or she is at the time of the | ||||||
4 | offense a ward of the court.
| ||||||
5 | (9) If an original petition for adjudication of wardship | ||||||
6 | alleges the
commission by a minor 13 years of age or
over of an | ||||||
7 | act that constitutes a crime under the laws of this State,
the | ||||||
8 | minor, with the consent of his or her counsel, may, at any time | ||||||
9 | before
commencement of the adjudicatory hearing, file with the | ||||||
10 | court a motion
that criminal prosecution be ordered and that | ||||||
11 | the petition be dismissed
insofar as the act or acts involved | ||||||
12 | in the criminal proceedings are
concerned. If such a motion is | ||||||
13 | filed as herein provided, the court shall
enter its order | ||||||
14 | accordingly.
| ||||||
15 | (10) If a minor is subject to any of the provisions of | ||||||
16 | subsection (2)
of this
Section , other than a minor charged with | ||||||
17 | a Class X felony violation of the
Illinois Controlled
| ||||||
18 | Substances Act , any party including the minor or the court sua | ||||||
19 | sponte
may, before trial,
move for a hearing for the purpose of | ||||||
20 | trying and sentencing the minor as
a delinquent minor. To | ||||||
21 | request a hearing, the party must file a motion
prior to trial. | ||||||
22 | Reasonable notice of the motion shall be given to all
parties. | ||||||
23 | On its own motion or upon the filing of a motion by one of the
| ||||||
24 | parties including the minor, the court shall conduct a hearing | ||||||
25 | to
determine whether the minor should be tried and sentenced as | ||||||
26 | a
delinquent minor under this Article. In making its | ||||||
27 | determination, the
court shall consider among other matters:
| ||||||
28 | (a) The age of the minor;
| ||||||
29 | (b) Any previous delinquent or criminal history of the | ||||||
30 | minor;
| ||||||
31 | (c) Any previous abuse or neglect history of the minor;
| ||||||
32 | (d) Any mental health or educational history of the minor, | ||||||
33 | or both; and
| ||||||
34 | (e) Whether there is probable cause to support the charge, | ||||||
35 | whether
the minor is charged through accountability, and | ||||||
36 | whether there is
evidence the minor possessed a deadly weapon |
| |||||||
|
|||||||
1 | or caused serious
bodily harm during the offense.
| ||||||
2 | Any material that is relevant and reliable shall be | ||||||
3 | admissible at the
hearing. In
all cases, the judge shall enter | ||||||
4 | an order permitting prosecution
under the criminal laws of | ||||||
5 | Illinois unless the judge makes a finding
based on a | ||||||
6 | preponderance of the evidence that the minor would be
amenable | ||||||
7 | to the care, treatment, and training programs available
through | ||||||
8 | the facilities of the juvenile court based on an evaluation of
| ||||||
9 | the factors listed in this subsection (10).
| ||||||
10 | (Source: P.A. 91-15, eff. 1-1-00; 91-673, eff. 12-22-99; 92-16, | ||||||
11 | eff.
6-28-01; 92-665, eff. 1-1-03.)
|