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1 | AN ACT concerning courts.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Juvenile Court Act of 1987 is amended by | |||||||||||||||||||
5 | changing Section 5-130 as follows:
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6 | (705 ILCS 405/5-130)
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7 | Sec. 5-130. Excluded jurisdiction.
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8 | (1) (a) The
The definition of delinquent minor under | |||||||||||||||||||
9 | Section 5-120 of this
Article shall not apply to any minor who | |||||||||||||||||||
10 | at the time of an offense was at
least 15 years of age and who | |||||||||||||||||||
11 | is charged with: (i) first degree murder, (ii) aggravated
| |||||||||||||||||||
12 | criminal sexual assault, (iii) aggravated battery with a | |||||||||||||||||||
13 | firearm
where the minor personally discharged a firearm as | |||||||||||||||||||
14 | defined in Section 2-15.5 of the Criminal Code of 1961, (iv) | |||||||||||||||||||
15 | armed robbery when the
armed robbery was committed with a | |||||||||||||||||||
16 | firearm, or (v)
aggravated vehicular hijacking
when the | |||||||||||||||||||
17 | hijacking was committed with a firearm.
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18 | These charges and all other charges arising out of the same | |||||||||||||||||||
19 | incident shall
be prosecuted under the criminal laws of this | |||||||||||||||||||
20 | State.
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21 | (b) (i) If before trial or plea an information or | |||||||||||||||||||
22 | indictment is filed that
does not charge an offense specified | |||||||||||||||||||
23 | in paragraph (a) of this subsection
(1) the State's Attorney |
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| |||||||
1 | may proceed on any lesser charge or charges, but
only in | ||||||
2 | Juvenile Court under the provisions of this Article. The | ||||||
3 | State's
Attorney may proceed under the Criminal Code of 1961 on | ||||||
4 | a lesser charge if
before trial the minor defendant knowingly | ||||||
5 | and with advice of counsel waives,
in writing, his or her right | ||||||
6 | to have the matter proceed in Juvenile Court.
| ||||||
7 | (ii) If before trial or plea an information or indictment | ||||||
8 | is filed that
includes one or more charges specified in | ||||||
9 | paragraph (a) of this subsection
(1) and
additional charges | ||||||
10 | that are not specified in that paragraph, all of the charges
| ||||||
11 | arising out of the same incident shall be prosecuted under the | ||||||
12 | Criminal Code of
1961.
| ||||||
13 | (c) (i) If after trial or plea the minor is convicted of | ||||||
14 | any offense
covered by paragraph (a) of this subsection (1), | ||||||
15 | then, in sentencing the minor,
the court shall have available | ||||||
16 | any or all dispositions prescribed for that
offense under | ||||||
17 | Chapter V of the Unified Code of Corrections.
| ||||||
18 | (ii) If after trial or plea the court finds that the minor | ||||||
19 | committed an
offense not covered by paragraph (a) of this | ||||||
20 | subsection (1), that finding shall
not invalidate the verdict | ||||||
21 | or the prosecution of the minor under the criminal
laws of the | ||||||
22 | State; however, unless the State requests a hearing for the
| ||||||
23 | purpose of sentencing the minor under Chapter V of the Unified | ||||||
24 | Code of
Corrections, the Court must proceed under Sections | ||||||
25 | 5-705 and 5-710 of this
Article. To request a hearing, the | ||||||
26 | State must file a written motion within 10
days following the |
| |||||||
| |||||||
1 | entry of a finding or the return of a verdict. Reasonable
| ||||||
2 | notice of the motion shall be given to the minor or his or her | ||||||
3 | counsel.
If the motion is made by the State, the court shall | ||||||
4 | conduct a hearing to
determine if the minor should be sentenced | ||||||
5 | under Chapter V of the Unified Code
of Corrections. In making | ||||||
6 | its determination, the court shall consider among
other | ||||||
7 | matters: (a) whether there is
evidence that the offense was | ||||||
8 | committed in an aggressive and premeditated
manner; (b) the age | ||||||
9 | of the minor; (c) the previous history of the
minor; (d) | ||||||
10 | whether there are facilities particularly available to the | ||||||
11 | Juvenile
Court or the Department of Juvenile Justice for the | ||||||
12 | treatment
and rehabilitation of the minor; (e) whether
the | ||||||
13 | security of the public requires sentencing under Chapter V of | ||||||
14 | the
Unified Code of Corrections; and (f) whether the minor | ||||||
15 | possessed a deadly
weapon when committing the offense. The | ||||||
16 | rules of evidence shall be the same as
if at trial. If after | ||||||
17 | the hearing the court finds that the minor should be
sentenced | ||||||
18 | under Chapter V of the Unified Code of Corrections, then the | ||||||
19 | court
shall sentence the minor accordingly having available to | ||||||
20 | it any or all
dispositions so prescribed.
| ||||||
21 | (2) (Blank).
| ||||||
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
|
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| |||||||
1 | Criminal Code of 1961 while in school, regardless of the time | ||||||
2 | of day or the
time of year, or on the real property comprising | ||||||
3 | any school, regardless of the
time of day or the time of year. | ||||||
4 | School is defined, for purposes of this
Section as any public | ||||||
5 | or private elementary or secondary school, community
college, | ||||||
6 | college, or university. These charges and all other charges | ||||||
7 | arising
out of the same incident shall be prosecuted under the | ||||||
8 | criminal laws of this
State.
| ||||||
9 | (b) (i) If before trial or plea an information or | ||||||
10 | indictment is filed that
does not charge an offense specified | ||||||
11 | in paragraph (a) of this subsection (3)
the State's Attorney | ||||||
12 | may proceed on any lesser charge or charges, but only in
| ||||||
13 | Juvenile Court under the provisions of this Article. The | ||||||
14 | State's Attorney may
proceed under the criminal laws of this | ||||||
15 | State on a lesser charge if before
trial the minor defendant | ||||||
16 | knowingly and with advice of counsel waives, in
writing, his or | ||||||
17 | her right to have the matter proceed in Juvenile Court.
| ||||||
18 | (ii) If before trial or plea an information or indictment | ||||||
19 | is filed that
includes one or more charges specified in | ||||||
20 | paragraph (a) of this subsection (3)
and additional charges | ||||||
21 | that are not specified in that paragraph, all of the
charges | ||||||
22 | arising out of the same incident shall be prosecuted under the | ||||||
23 | criminal
laws of this State.
| ||||||
24 | (c) (i) If after trial or plea the minor is convicted of | ||||||
25 | any offense
covered by paragraph (a) of this subsection (3), | ||||||
26 | then, in sentencing the minor,
the court shall have available |
| |||||||
| |||||||
1 | any or all dispositions prescribed for that
offense under | ||||||
2 | Chapter V of the Unified Code of Corrections.
| ||||||
3 | (ii) If after trial or plea the court finds that the minor | ||||||
4 | committed an
offense not covered by paragraph (a) of this | ||||||
5 | subsection (3), that finding shall
not invalidate the verdict | ||||||
6 | or the prosecution of the minor under the criminal
laws of the | ||||||
7 | State; however, unless the State requests a hearing for the
| ||||||
8 | purpose of sentencing the minor under Chapter V of the Unified | ||||||
9 | Code of
Corrections, the Court must proceed under Sections | ||||||
10 | 5-705 and 5-710 of this
Article. To request a hearing, the | ||||||
11 | State must file a written motion within 10
days following the | ||||||
12 | entry of a finding or the return of a verdict. Reasonable
| ||||||
13 | notice of the motion shall be given to the minor or his or her | ||||||
14 | counsel. If the
motion is made by the State, the court shall | ||||||
15 | conduct a hearing to determine if
the minor should be sentenced | ||||||
16 | under Chapter V of the Unified Code of
Corrections. In making | ||||||
17 | its determination, the court shall consider
among other | ||||||
18 | matters: (a) whether there is
evidence that the offense was | ||||||
19 | committed in an aggressive and premeditated
manner; (b) the age | ||||||
20 | of the minor; (c) the previous history of the
minor; (d) | ||||||
21 | whether there are facilities particularly available to the | ||||||
22 | Juvenile
Court or the Department of Juvenile Justice for the | ||||||
23 | treatment
and rehabilitation of the minor; (e) whether
the | ||||||
24 | security of the public requires sentencing under Chapter V of | ||||||
25 | the
Unified Code of Corrections; and (f) whether the minor | ||||||
26 | possessed a deadly
weapon when committing the offense. The |
| |||||||
| |||||||
1 | rules of evidence shall be the same as
if at trial. If after | ||||||
2 | the hearing the court finds that the minor should be
sentenced | ||||||
3 | under Chapter V of the Unified Code of Corrections, then the | ||||||
4 | court
shall sentence the minor accordingly having available to | ||||||
5 | it any or all
dispositions so prescribed.
| ||||||
6 | (4) (a) The definition of delinquent minor under Section | ||||||
7 | 5-120 of this
Article
shall not apply to any minor who at the | ||||||
8 | time of an offense was at least 13
years of age and who is | ||||||
9 | charged with first degree murder committed during the
course of | ||||||
10 | either aggravated criminal sexual assault, criminal sexual | ||||||
11 | assault,
or aggravated kidnaping. However, this subsection (4) | ||||||
12 | does not include a minor
charged with first degree murder based | ||||||
13 | exclusively upon the accountability
provisions of the Criminal | ||||||
14 | Code of 1961.
| ||||||
15 | (b) (i) If before trial or plea an information or | ||||||
16 | indictment is filed that
does not charge first degree murder | ||||||
17 | committed during the course of aggravated
criminal sexual | ||||||
18 | assault, criminal
sexual assault, or aggravated kidnaping, the | ||||||
19 | State's Attorney may proceed on
any lesser charge or charges, | ||||||
20 | but only in Juvenile Court under the provisions
of this | ||||||
21 | Article. The State's Attorney may proceed under the criminal | ||||||
22 | laws of
this State
on a lesser charge if before trial the minor | ||||||
23 | defendant knowingly and with
advice of counsel waives, in | ||||||
24 | writing, his or her right to have the matter
proceed in | ||||||
25 | Juvenile Court.
| ||||||
26 | (ii) If before trial or plea an information or
indictment |
| |||||||
| |||||||
1 | is filed that includes first degree murder committed during the
| ||||||
2 | course of aggravated criminal sexual assault, criminal sexual | ||||||
3 | assault, or
aggravated kidnaping, and additional charges that | ||||||
4 | are not specified in
paragraph (a) of this subsection, all of | ||||||
5 | the charges arising out of the same
incident shall be | ||||||
6 | prosecuted under the criminal laws of this State.
| ||||||
7 | (c) (i) If after trial or plea the minor is convicted of | ||||||
8 | first degree
murder
committed during the course of aggravated | ||||||
9 | criminal sexual assault, criminal
sexual assault, or | ||||||
10 | aggravated kidnaping, in sentencing the minor, the court
shall | ||||||
11 | have available any or all dispositions prescribed for that | ||||||
12 | offense under
Chapter V of the Unified Code of Corrections.
| ||||||
13 | (ii) If the minor was not yet 15
years of age at the time of | ||||||
14 | the offense, and if after trial or plea the court
finds that | ||||||
15 | the minor
committed an offense other than first degree murder | ||||||
16 | committed during
the course of either aggravated criminal | ||||||
17 | sexual assault, criminal sexual
assault, or aggravated | ||||||
18 | kidnapping, the finding shall not invalidate the
verdict or the | ||||||
19 | prosecution of the minor under the criminal laws of the State;
| ||||||
20 | however, unless the State requests a hearing for the purpose of | ||||||
21 | sentencing the
minor under
Chapter V of the Unified Code of | ||||||
22 | Corrections, the Court must proceed under
Sections 5-705 and | ||||||
23 | 5-710 of this Article. To request a hearing, the State must
| ||||||
24 | file a written motion within 10 days following the entry of a | ||||||
25 | finding or the
return of a verdict. Reasonable notice of the | ||||||
26 | motion shall be given to the
minor or his or her counsel. If |
| |||||||
| |||||||
1 | the motion is made by the State, the court
shall conduct a | ||||||
2 | hearing to determine whether the minor should be sentenced
| ||||||
3 | under Chapter V of the
Unified Code of Corrections. In making | ||||||
4 | its determination, the court shall
consider among other | ||||||
5 | matters: (a) whether there is evidence that the offense
was | ||||||
6 | committed in an
aggressive and premeditated manner; (b) the age | ||||||
7 | of the minor; (c) the
previous delinquent history of the minor; | ||||||
8 | (d) whether there are facilities
particularly available to the | ||||||
9 | Juvenile Court or the Department of Juvenile Justice
for the | ||||||
10 | treatment and rehabilitation of the minor; (e) whether the best
| ||||||
11 | interest of the minor and the security of the public require | ||||||
12 | sentencing under
Chapter V of the Unified Code of Corrections; | ||||||
13 | and (f) whether the minor
possessed a deadly weapon when | ||||||
14 | committing the offense. The rules of evidence
shall be the same | ||||||
15 | as if at trial. If after the hearing the court finds that
the | ||||||
16 | minor should be sentenced under Chapter V of the Unified Code | ||||||
17 | of
Corrections, then the court shall sentence the minor | ||||||
18 | accordingly having
available to it any or all dispositions so | ||||||
19 | prescribed.
| ||||||
20 | (5) (a) The definition of delinquent minor under Section | ||||||
21 | 5-120 of this
Article
shall not apply to any minor who is | ||||||
22 | charged with a violation of subsection (a)
of Section 31-6 or | ||||||
23 | Section 32-10 of the Criminal Code of 1961 when the minor is
| ||||||
24 | subject to prosecution under the criminal laws of this State as | ||||||
25 | a result of the
application of the provisions of Section 5-125, | ||||||
26 | or subsection (1) or (2) of
this Section. These charges and all |
| |||||||
| |||||||
1 | other charges arising out of the same
incident shall be | ||||||
2 | 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 (5),
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 (5) 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 (5), | ||||||
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 (5), the conviction shall not invalidate the verdict | ||||||
26 | or the
prosecution of the minor under the criminal laws of this |
| |||||||
| |||||||
1 | State; however,
unless the State requests a hearing for the
| ||||||
2 | purpose of sentencing the minor under Chapter V of the Unified | ||||||
3 | Code of
Corrections, the Court must proceed under Sections | ||||||
4 | 5-705 and 5-710 of this
Article.
To request a hearing, the | ||||||
5 | State must file a written motion within 10 days
following the | ||||||
6 | entry of a finding or the return of a verdict. Reasonable | ||||||
7 | notice
of the motion shall be given to the minor or his or her | ||||||
8 | counsel. If the motion
is made by the State, the court shall | ||||||
9 | conduct a hearing to determine if whether
the minor should be | ||||||
10 | sentenced under Chapter V of the Unified Code of
Corrections. | ||||||
11 | In making its determination, the court shall consider among | ||||||
12 | other
matters: (a) whether there is evidence that the offense | ||||||
13 | was committed in an
aggressive and premeditated manner; (b) the | ||||||
14 | age of the minor; (c) the previous
delinquent history of the | ||||||
15 | minor; (d) whether there are facilities particularly
available | ||||||
16 | to the Juvenile Court or the Department of Juvenile Justice for | ||||||
17 | the treatment and rehabilitation of the minor; (e) whether
the | ||||||
18 | security of the public requires sentencing under Chapter V of | ||||||
19 | the Unified
Code of Corrections; and (f) whether the minor | ||||||
20 | possessed a deadly weapon when
committing the offense. The | ||||||
21 | rules of evidence shall be the same as if at
trial. If after | ||||||
22 | the hearing the court finds that the minor should be sentenced
| ||||||
23 | under Chapter V of the Unified Code of Corrections, then the | ||||||
24 | court shall
sentence the minor accordingly having available to | ||||||
25 | it any or all dispositions
so prescribed.
| ||||||
26 | (6) The definition of delinquent minor under Section 5-120 |
| |||||||
| |||||||
1 | of this Article
shall not apply to any minor who, pursuant to | ||||||
2 | subsection (1) or (3) or
Section 5-805 or 5-810, has previously | ||||||
3 | been placed under the jurisdiction of
the criminal court and | ||||||
4 | has been convicted of a crime under an adult criminal or
penal | ||||||
5 | statute. Such a minor shall be subject to prosecution under the | ||||||
6 | criminal
laws of this State.
| ||||||
7 | (7) The procedures set out in this Article for the | ||||||
8 | investigation, arrest and
prosecution of juvenile offenders | ||||||
9 | shall not apply to minors who are excluded
from jurisdiction of | ||||||
10 | the Juvenile Court, except that minors under 17 years of
age | ||||||
11 | shall be kept separate from confined adults.
| ||||||
12 | (8) Nothing in this Act prohibits or limits the prosecution | ||||||
13 | of any
minor for an offense committed on or after his or her | ||||||
14 | 17th birthday even though
he or she is at the time of the | ||||||
15 | offense a ward of the court.
| ||||||
16 | (9) If an original petition for adjudication of wardship | ||||||
17 | alleges the
commission by a minor 13 years of age or
over of an | ||||||
18 | act that constitutes a crime under the laws of this State,
the | ||||||
19 | minor, with the consent of his or her counsel, may, at any time | ||||||
20 | before
commencement of the adjudicatory hearing, file with the | ||||||
21 | court a motion
that criminal prosecution be ordered and that | ||||||
22 | the petition be dismissed
insofar as the act or acts involved | ||||||
23 | in the criminal proceedings are
concerned. If such a motion is | ||||||
24 | filed as herein provided, the court shall
enter its order | ||||||
25 | accordingly.
| ||||||
26 | (10) If, prior to August 12, 2005 (the effective date of |
| |||||||
| |||||||
1 | Public Act 94-574), a minor is charged with a violation of | ||||||
2 | Section 401 of the Illinois Controlled Substances Act under the | ||||||
3 | criminal laws of this State, other than a minor charged with a | ||||||
4 | Class X felony violation of the
Illinois Controlled
Substances | ||||||
5 | Act or the Methamphetamine Control and Community Protection | ||||||
6 | Act, any party including the minor or the court sua sponte
may, | ||||||
7 | before trial,
move for a hearing for the purpose of trying and | ||||||
8 | sentencing the minor as
a delinquent minor. To request a | ||||||
9 | hearing, the party must file a motion
prior to trial. | ||||||
10 | Reasonable notice of the motion shall be given to all
parties. | ||||||
11 | On its own motion or upon the filing of a motion by one of the
| ||||||
12 | parties including the minor, the court shall conduct a hearing | ||||||
13 | to
determine whether the minor should be tried and sentenced as | ||||||
14 | a
delinquent minor under this Article. In making its | ||||||
15 | determination, the
court shall consider among other matters:
| ||||||
16 | (a) The age of the minor;
| ||||||
17 | (b) Any previous delinquent or criminal history of the | ||||||
18 | minor;
| ||||||
19 | (c) Any previous abuse or neglect history of the minor;
| ||||||
20 | (d) Any mental health or educational history of the minor, | ||||||
21 | or both; and
| ||||||
22 | (e) Whether there is probable cause to support the charge, | ||||||
23 | whether
the minor is charged through accountability, and | ||||||
24 | whether there is
evidence the minor possessed a deadly weapon | ||||||
25 | or caused serious
bodily harm during the offense.
| ||||||
26 | Any material that is relevant and reliable shall be |
| |||||||
| |||||||
1 | admissible at the
hearing. In
all cases, the judge shall enter | ||||||
2 | an order permitting prosecution
under the criminal laws of | ||||||
3 | Illinois unless the judge makes a finding
based on a | ||||||
4 | preponderance of the evidence that the minor would be
amenable | ||||||
5 | to the care, treatment, and training programs available
through | ||||||
6 | the facilities of the juvenile court based on an evaluation of
| ||||||
7 | the factors listed in this subsection (10).
| ||||||
8 | (Source: P.A. 94-556, eff. 9-11-05; 94-574, eff. 8-12-05; | ||||||
9 | 94-696, eff. 6-1-06 .)
|