Full Text of HB3494 102nd General Assembly
HB3494 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3494 Introduced 2/22/2021, by Rep. Aaron M. Ortiz SYNOPSIS AS INTRODUCED: | | |
Amends the Juvenile Court Act of 1987. Deletes language providing which laws shall be applied when proceeding against, prosecuting, or sentencing a delinquent minor who was charged with first degree murder, aggravated criminal sexual assault, or aggravated battery with a firearm where the minor personally discharged the firearm.
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| | A BILL FOR |
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| 1 | | AN ACT concerning courts.
| 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) (Blank). (a) 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 16 years of age and who | 11 | | is charged with: (i) first degree murder, (ii) aggravated
| 12 | | criminal sexual assault, or (iii) aggravated battery with a | 13 | | firearm as described in Section 12-4.2 or subdivision (e)(1), | 14 | | (e)(2), (e)(3), or (e)(4) of Section 12-3.05
where the minor | 15 | | personally discharged a firearm as defined in Section 2-15.5 | 16 | | of the Criminal Code of 1961 or the Criminal Code of 2012.
| 17 | | These charges and all other charges arising out of the | 18 | | same incident shall
be prosecuted under the criminal laws of | 19 | | this State.
| 20 | | (b)(i) If before trial or plea an information or | 21 | | indictment is filed that
does not charge an offense specified | 22 | | in paragraph (a) of this subsection
(1) the State's Attorney | 23 | | may proceed on any lesser charge or charges, but
only in |
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| 1 | | Juvenile Court under the provisions of this Article. The | 2 | | State's
Attorney may proceed on a lesser charge if
before | 3 | | trial the minor defendant knowingly and with advice of counsel | 4 | | waives,
in writing, his or her right to have the matter proceed | 5 | | in Juvenile Court.
| 6 | | (ii) If before trial or plea an information or indictment | 7 | | is filed that
includes one or more charges specified in | 8 | | paragraph (a) of this subsection
(1) and
additional charges | 9 | | that are not specified in that paragraph, all of the charges
| 10 | | arising out of the same incident shall be prosecuted under the | 11 | | Criminal Code of
1961 or the Criminal Code of 2012.
| 12 | | (c)(i) If after trial or plea the minor is convicted of any | 13 | | offense
covered by paragraph (a) of this subsection (1), then, | 14 | | in sentencing the minor,
the court shall sentence the minor | 15 | | under Section 5-4.5-105 of the Unified Code of Corrections.
| 16 | | (ii) If after trial or plea the court finds that the minor | 17 | | committed an
offense not covered by paragraph (a) of this | 18 | | subsection (1), that finding shall
not invalidate the verdict | 19 | | or the prosecution of the minor under the criminal
laws of the | 20 | | State; however, unless the State requests a hearing for the
| 21 | | purpose of sentencing the minor under Chapter V of the Unified | 22 | | Code of
Corrections, the Court must proceed under Sections | 23 | | 5-705 and 5-710 of this
Article. To request a hearing, the | 24 | | State must file a written motion within 10
days following the | 25 | | entry of a finding or the return of a verdict. Reasonable
| 26 | | notice of the motion shall be given to the minor or his or her |
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| 1 | | counsel.
If the motion is made by the State, the court shall | 2 | | conduct a hearing to
determine if the minor should be | 3 | | sentenced under Chapter V of the Unified Code
of Corrections. | 4 | | In making its determination, the court shall consider among
| 5 | | other matters: (a) whether there is
evidence that the offense | 6 | | was committed in an aggressive and premeditated
manner; (b) | 7 | | the age of the minor; (c) the previous 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 | 11 | | security of the public requires sentencing under Chapter V of | 12 | | the
Unified Code of Corrections; and (f) whether the minor | 13 | | possessed a deadly
weapon when committing the offense. The | 14 | | rules of evidence shall be the same as
if at trial. If after | 15 | | the hearing the court finds that the minor should be
sentenced | 16 | | under Chapter V of the Unified Code of Corrections, then the | 17 | | court
shall sentence the minor under Section 5-4.5-105 of the | 18 | | Unified Code of Corrections.
| 19 | | (2) (Blank).
| 20 | | (3) (Blank).
| 21 | | (4) (Blank).
| 22 | | (5) (Blank).
| 23 | | (6) (Blank).
| 24 | | (7) The procedures set out in this Article for the | 25 | | investigation, arrest and
prosecution of juvenile offenders | 26 | | shall not apply to minors who are excluded
from jurisdiction |
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| 1 | | of the Juvenile Court, except that minors under 18 years of
age | 2 | | shall be kept separate from confined adults.
| 3 | | (8) Nothing in this Act prohibits or limits the | 4 | | prosecution of any
minor for an offense committed on or after | 5 | | his or her 18th birthday even though
he or she is at the time | 6 | | of the offense a ward of the court.
| 7 | | (9) If an original petition for adjudication of wardship | 8 | | alleges the
commission by a minor 13 years of age or
over of an | 9 | | act that constitutes a crime under the laws of this State,
the | 10 | | minor, with the consent of his or her counsel, may, at any time | 11 | | before
commencement of the adjudicatory hearing, file with the | 12 | | court a motion
that criminal prosecution be ordered and that | 13 | | the petition be dismissed
insofar as the act or acts involved | 14 | | in the criminal proceedings are
concerned. If such a motion is | 15 | | filed as herein provided, the court shall
enter its order | 16 | | accordingly.
| 17 | | (10) If, prior to August 12, 2005 (the effective date of | 18 | | Public Act 94-574), a minor is charged with a violation of | 19 | | Section 401 of the Illinois Controlled Substances Act under | 20 | | the criminal laws of this State, other than a minor charged | 21 | | with a Class X felony violation of the
Illinois Controlled
| 22 | | Substances Act or the Methamphetamine Control and Community | 23 | | Protection Act, any party including the minor or the court sua | 24 | | sponte
may, before trial,
move for a hearing for the purpose of | 25 | | trying and sentencing the minor as
a delinquent minor. To | 26 | | request a hearing, the party must file a motion
prior to trial. |
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| 1 | | Reasonable notice of the motion shall be given to all
parties. | 2 | | On its own motion or upon the filing of a motion by one of the
| 3 | | parties including the minor, the court shall conduct a hearing | 4 | | to
determine whether the minor should be tried and sentenced | 5 | | as a
delinquent minor under this Article. In making its | 6 | | determination, the
court shall consider among other matters:
| 7 | | (a) The age of the minor;
| 8 | | (b) Any previous delinquent or criminal history of the | 9 | | minor;
| 10 | | (c) Any previous abuse or neglect history of the | 11 | | minor;
| 12 | | (d) Any mental health or educational history of the | 13 | | minor, or both; and
| 14 | | (e) Whether there is probable cause to support the | 15 | | charge, whether
the minor is charged through | 16 | | accountability, and whether there is
evidence the minor | 17 | | possessed a deadly weapon or caused serious
bodily harm | 18 | | during the offense.
| 19 | | Any material that is relevant and reliable shall be | 20 | | admissible at the
hearing. In
all cases, the judge shall enter | 21 | | an order permitting prosecution
under the criminal laws of | 22 | | Illinois unless the judge makes a finding
based on a | 23 | | preponderance of the evidence that the minor would be
amenable | 24 | | to the care, treatment, and training programs available
| 25 | | through the facilities of the juvenile court based on an | 26 | | evaluation of
the factors listed in this subsection (10).
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| 1 | | (11) The changes made to this Section by Public Act 98-61 | 2 | | apply to a minor who has been
arrested or taken into custody on | 3 | | or after January 1, 2014 (the effective date
of Public Act | 4 | | 98-61). | 5 | | (Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; | 6 | | 99-258, eff. 1-1-16 .)
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