Illinois General Assembly - Full Text of HB5339
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Full Text of HB5339  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/31/2022, by Rep. Patrick Windhorst


705 ILCS 405/5-130

    Amends the Juvenile Court Act of 1987. Provides that the definition of delinquent minor shall not apply to any minor who at the time of an offense was at least 16 years of age and who is charged with vehicular hijacking or aggravated vehicular hijacking.

LRB102 22550 RLC 31691 b





HB5339LRB102 22550 RLC 31691 b

1    AN ACT concerning courts.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing 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
95-120 of this Article shall not apply to any minor who at the
10time of an offense was at least 16 years of age and who is
11charged with: (i) first degree murder, (ii) aggravated
12criminal sexual assault, or (iii) aggravated battery with a
13firearm 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
15personally discharged a firearm as defined in Section 2-15.5
16of the Criminal Code of 1961 or the Criminal Code of 2012, (iv)
17vehicular hijacking, or (v) aggravated vehicular hijacking.
18    These charges and all other charges arising out of the
19same incident shall be prosecuted under the criminal laws of
20this State.
21    (b)(i) If before trial or plea an information or
22indictment is filed that does not charge an offense specified
23in paragraph (a) of this subsection (1) the State's Attorney



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1may proceed on any lesser charge or charges, but only in
2Juvenile Court under the provisions of this Article. The
3State's Attorney may proceed on a lesser charge if before
4trial the minor defendant knowingly and with advice of counsel
5waives, in writing, his or her right to have the matter proceed
6in Juvenile Court.
7    (ii) If before trial or plea an information or indictment
8is filed that includes one or more charges specified in
9paragraph (a) of this subsection (1) and additional charges
10that are not specified in that paragraph, all of the charges
11arising out of the same incident shall be prosecuted under the
12Criminal Code of 1961 or the Criminal Code of 2012.
13    (c)(i) If after trial or plea the minor is convicted of any
14offense covered by paragraph (a) of this subsection (1), then,
15in sentencing the minor, the court shall sentence the minor
16under Section 5-4.5-105 of the Unified Code of Corrections.
17    (ii) If after trial or plea the court finds that the minor
18committed an offense not covered by paragraph (a) of this
19subsection (1), that finding shall not invalidate the verdict
20or the prosecution of the minor under the criminal laws of the
21State; however, unless the State requests a hearing for the
22purpose of sentencing the minor under Chapter V of the Unified
23Code of Corrections, the Court must proceed under Sections
245-705 and 5-710 of this Article. To request a hearing, the
25State must file a written motion within 10 days following the
26entry of a finding or the return of a verdict. Reasonable



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1notice of the motion shall be given to the minor or his or her
2counsel. If the motion is made by the State, the court shall
3conduct a hearing to determine if the minor should be
4sentenced under Chapter V of the Unified Code of Corrections.
5In making its determination, the court shall consider among
6other matters: (a) whether there is evidence that the offense
7was committed in an aggressive and premeditated manner; (b)
8the age of the minor; (c) the previous history of the minor;
9(d) whether there are facilities particularly available to the
10Juvenile Court or the Department of Juvenile Justice for the
11treatment and rehabilitation of the minor; (e) whether the
12security of the public requires sentencing under Chapter V of
13the Unified Code of Corrections; and (f) whether the minor
14possessed a deadly weapon when committing the offense. The
15rules of evidence shall be the same as if at trial. If after
16the hearing the court finds that the minor should be sentenced
17under Chapter V of the Unified Code of Corrections, then the
18court shall sentence the minor under Section 5-4.5-105 of the
19Unified Code of Corrections.
20    (2) (Blank).
21    (3) (Blank).
22    (4) (Blank).
23    (5) (Blank).
24    (6) (Blank).
25    (7) The procedures set out in this Article for the
26investigation, arrest and prosecution of juvenile offenders



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1shall not apply to minors who are excluded from jurisdiction
2of the Juvenile Court, except that minors under 18 years of age
3shall be kept separate from confined adults.
4    (8) Nothing in this Act prohibits or limits the
5prosecution of any minor for an offense committed on or after
6his or her 18th birthday even though he or she is at the time
7of the offense a ward of the court.
8    (9) If an original petition for adjudication of wardship
9alleges the commission by a minor 13 years of age or over of an
10act that constitutes a crime under the laws of this State, the
11minor, with the consent of his or her counsel, may, at any time
12before commencement of the adjudicatory hearing, file with the
13court a motion that criminal prosecution be ordered and that
14the petition be dismissed insofar as the act or acts involved
15in the criminal proceedings are concerned. If such a motion is
16filed as herein provided, the court shall enter its order
18    (10) If, prior to August 12, 2005 (the effective date of
19Public Act 94-574), a minor is charged with a violation of
20Section 401 of the Illinois Controlled Substances Act under
21the criminal laws of this State, other than a minor charged
22with a Class X felony violation of the Illinois Controlled
23Substances Act or the Methamphetamine Control and Community
24Protection Act, any party including the minor or the court sua
25sponte may, before trial, move for a hearing for the purpose of
26trying and sentencing the minor as a delinquent minor. To



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1request a hearing, the party must file a motion prior to trial.
2Reasonable notice of the motion shall be given to all parties.
3On its own motion or upon the filing of a motion by one of the
4parties including the minor, the court shall conduct a hearing
5to determine whether the minor should be tried and sentenced
6as a delinquent minor under this Article. In making its
7determination, the court shall consider among other matters:
8        (a) The age of the minor;
9        (b) Any previous delinquent or criminal history of the
10    minor;
11        (c) Any previous abuse or neglect history of the
12    minor;
13        (d) Any mental health or educational history of the
14    minor, or both; and
15        (e) Whether there is probable cause to support the
16    charge, whether the minor is charged through
17    accountability, and whether there is evidence the minor
18    possessed a deadly weapon or caused serious bodily harm
19    during the offense.
20    Any material that is relevant and reliable shall be
21admissible at the hearing. In all cases, the judge shall enter
22an order permitting prosecution under the criminal laws of
23Illinois unless the judge makes a finding based on a
24preponderance of the evidence that the minor would be amenable
25to the care, treatment, and training programs available
26through the facilities of the juvenile court based on an



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1evaluation of the factors listed in this subsection (10).
2    (11) The changes made to this Section by Public Act 98-61
3apply to a minor who has been arrested or taken into custody on
4or after January 1, 2014 (the effective date of Public Act
6(Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14;
799-258, eff. 1-1-16.)