Illinois General Assembly - Full Text of HB3718
Illinois General Assembly

Previous General Assemblies

Full Text of HB3718  99th General Assembly

HB3718enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
HB3718 EnrolledLRB099 11130 RLC 31593 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 Sections 5-130, 5-407, 5-805, and 5-810 and by adding
6Section 5-822 as follows:
 
7    (705 ILCS 405/5-130)
8    Sec. 5-130. Excluded jurisdiction.
9    (1)(a) The definition of delinquent minor under Section
105-120 of this Article shall not apply to any minor who at the
11time of an offense was at least 16 15 years of age and who is
12charged with: (i) first degree murder, (ii) aggravated criminal
13sexual assault, or (iii) aggravated battery with a firearm as
14described in Section 12-4.2 or subdivision (e)(1), (e)(2),
15(e)(3), or (e)(4) of Section 12-3.05 where the minor personally
16discharged a firearm as defined in Section 2-15.5 of the
17Criminal Code of 1961 or the Criminal Code of 2012, (iv) armed
18robbery when the armed robbery was committed with a firearm, or
19(v) aggravated vehicular hijacking when the hijacking was
20committed with a firearm.
21    These charges and all other charges arising out of the same
22incident shall be prosecuted under the criminal laws of this
23State.

 

 

HB3718 Enrolled- 2 -LRB099 11130 RLC 31593 b

1    (b)(i) If before trial or plea an information or indictment
2is filed that does not charge an offense specified in paragraph
3(a) of this subsection (1) the State's Attorney may proceed on
4any lesser charge or charges, but only in Juvenile Court under
5the provisions of this Article. The State's Attorney may
6proceed on a lesser charge if before trial the minor defendant
7knowingly and with advice of counsel waives, in writing, his or
8her right to have the matter proceed in Juvenile Court.
9    (ii) If before trial or plea an information or indictment
10is filed that includes one or more charges specified in
11paragraph (a) of this subsection (1) and additional charges
12that are not specified in that paragraph, all of the charges
13arising out of the same incident shall be prosecuted under the
14Criminal Code of 1961 or the Criminal Code of 2012.
15    (c)(i) If after trial or plea the minor is convicted of any
16offense covered by paragraph (a) of this subsection (1), then,
17in sentencing the minor, the court shall sentence the minor
18under Section 5-4.5-105 of the Unified Code of Corrections have
19available any or all dispositions prescribed for that offense
20under Chapter V of the Unified Code of Corrections.
21    (ii) If after trial or plea the court finds that the minor
22committed an offense not covered by paragraph (a) of this
23subsection (1), that finding shall not invalidate the verdict
24or the prosecution of the minor under the criminal laws of the
25State; however, unless the State requests a hearing for the
26purpose of sentencing the minor under Chapter V of the Unified

 

 

HB3718 Enrolled- 3 -LRB099 11130 RLC 31593 b

1Code of Corrections, the Court must proceed under Sections
25-705 and 5-710 of this Article. To request a hearing, the
3State must file a written motion within 10 days following the
4entry of a finding or the return of a verdict. Reasonable
5notice of the motion shall be given to the minor or his or her
6counsel. If the motion is made by the State, the court shall
7conduct a hearing to determine if the minor should be sentenced
8under Chapter V of the Unified Code of Corrections. In making
9its determination, the court shall consider among other
10matters: (a) whether there is evidence that the offense was
11committed in an aggressive and premeditated manner; (b) the age
12of the minor; (c) the previous history of the minor; (d)
13whether there are facilities particularly available to the
14Juvenile Court or the Department of Juvenile Justice for the
15treatment and rehabilitation of the minor; (e) whether the
16security of the public requires sentencing under Chapter V of
17the Unified Code of Corrections; and (f) whether the minor
18possessed a deadly weapon when committing the offense. The
19rules of evidence shall be the same as if at trial. If after
20the hearing the court finds that the minor should be sentenced
21under Chapter V of the Unified Code of Corrections, then the
22court shall sentence the minor under Section 5-4.5-105 of the
23Unified Code of Corrections accordingly having available to it
24any or all dispositions so prescribed.
25    (2) (Blank).
26    (3) (Blank). (a) The definition of delinquent minor under

 

 

HB3718 Enrolled- 4 -LRB099 11130 RLC 31593 b

1Section 5-120 of this Article shall not apply to any minor who
2at the time of the offense was at least 15 years of age and who
3is charged with a violation of the provisions of paragraph (1),
4(3), (4), or (10) of subsection (a) of Section 24-1 of the
5Criminal Code of 1961 or the Criminal Code of 2012 while in
6school, regardless of the time of day or the time of year, or
7on the real property comprising any school, regardless of the
8time of day or the time of year. School is defined, for
9purposes of this Section as any public or private elementary or
10secondary school, community college, college, or university.
11These charges and all other charges arising out of the same
12incident shall be prosecuted under the criminal laws of this
13State.
14    (b)(i) If before trial or plea an information or indictment
15is filed that does not charge an offense specified in paragraph
16(a) of this subsection (3) the State's Attorney may proceed on
17any lesser charge or charges, but only in Juvenile Court under
18the provisions of this Article. The State's Attorney may
19proceed under the criminal laws of this State on a lesser
20charge if before trial the minor defendant knowingly and with
21advice of counsel waives, in writing, his or her right to have
22the matter proceed in Juvenile Court.
23    (ii) If before trial or plea an information or indictment
24is filed that includes one or more charges specified in
25paragraph (a) of this subsection (3) and additional charges
26that are not specified in that paragraph, all of the charges

 

 

HB3718 Enrolled- 5 -LRB099 11130 RLC 31593 b

1arising out of the same incident shall be prosecuted under the
2criminal laws of this State.
3    (c)(i) If after trial or plea the minor is convicted of any
4offense covered by paragraph (a) of this subsection (3), then,
5in sentencing the minor, the court shall have available any or
6all dispositions prescribed for that offense under Chapter V of
7the Unified Code of Corrections.
8    (ii) If after trial or plea the court finds that the minor
9committed an offense not covered by paragraph (a) of this
10subsection (3), that finding shall not invalidate the verdict
11or the prosecution of the minor under the criminal laws of the
12State; however, unless the State requests a hearing for the
13purpose of sentencing the minor under Chapter V of the Unified
14Code of Corrections, the Court must proceed under Sections
155-705 and 5-710 of this Article. To request a hearing, the
16State must file a written motion within 10 days following the
17entry of a finding or the return of a verdict. Reasonable
18notice of the motion shall be given to the minor or his or her
19counsel. If the motion is made by the State, the court shall
20conduct a hearing to determine if the minor should be sentenced
21under Chapter V of the Unified Code of Corrections. In making
22its determination, the court shall consider among other
23matters: (a) whether there is evidence that the offense was
24committed in an aggressive and premeditated manner; (b) the age
25of the minor; (c) the previous history of the minor; (d)
26whether there are facilities particularly available to the

 

 

HB3718 Enrolled- 6 -LRB099 11130 RLC 31593 b

1Juvenile Court or the Department of Juvenile Justice for the
2treatment and rehabilitation of the minor; (e) whether the
3security of the public requires sentencing under Chapter V of
4the Unified Code of Corrections; and (f) whether the minor
5possessed a deadly weapon when committing the offense. The
6rules of evidence shall be the same as if at trial. If after
7the hearing the court finds that the minor should be sentenced
8under Chapter V of the Unified Code of Corrections, then the
9court shall sentence the minor accordingly having available to
10it any or all dispositions so prescribed.
11    (4) (Blank). (a) The definition of delinquent minor under
12Section 5-120 of this Article shall not apply to any minor who
13at the time of an offense was at least 13 years of age and who
14is charged with first degree murder committed during the course
15of either aggravated criminal sexual assault, criminal sexual
16assault, or aggravated kidnaping. However, this subsection (4)
17does not include a minor charged with first degree murder based
18exclusively upon the accountability provisions of the Criminal
19Code of 1961 or the Criminal Code of 2012.
20    (b)(i) If before trial or plea an information or indictment
21is filed that does not charge first degree murder committed
22during the course of aggravated criminal sexual assault,
23criminal sexual assault, or aggravated kidnaping, the State's
24Attorney may proceed on any lesser charge or charges, but only
25in Juvenile Court under the provisions of this Article. The
26State's Attorney may proceed under the criminal laws of this

 

 

HB3718 Enrolled- 7 -LRB099 11130 RLC 31593 b

1State on a lesser charge if before trial the minor defendant
2knowingly and with advice of counsel waives, in writing, his or
3her right to have the matter proceed in Juvenile Court.
4    (ii) If before trial or plea an information or indictment
5is filed that includes first degree murder committed during the
6course of aggravated criminal sexual assault, criminal sexual
7assault, or aggravated kidnaping, and additional charges that
8are not specified in paragraph (a) of this subsection, all of
9the charges arising out of the same incident shall be
10prosecuted under the criminal laws of this State.
11    (c)(i) If after trial or plea the minor is convicted of
12first degree murder committed during the course of aggravated
13criminal sexual assault, criminal sexual assault, or
14aggravated kidnaping, in sentencing the minor, the court shall
15have available any or all dispositions prescribed for that
16offense under Chapter V of the Unified Code of Corrections.
17    (ii) If the minor was not yet 15 years of age at the time of
18the offense, and if after trial or plea the court finds that
19the minor committed an offense other than first degree murder
20committed during the course of either aggravated criminal
21sexual assault, criminal sexual assault, or aggravated
22kidnapping, the finding shall not invalidate the verdict or the
23prosecution of the minor under the criminal laws of the State;
24however, unless the State requests a hearing for the purpose of
25sentencing the minor under Chapter V of the Unified Code of
26Corrections, the Court must proceed under Sections 5-705 and

 

 

HB3718 Enrolled- 8 -LRB099 11130 RLC 31593 b

15-710 of this Article. To request a hearing, the State must
2file a written motion within 10 days following the entry of a
3finding or the return of a verdict. Reasonable notice of the
4motion shall be given to the minor or his or her counsel. If
5the motion is made by the State, the court shall conduct a
6hearing to determine whether the minor should be sentenced
7under Chapter V of the Unified Code of Corrections. In making
8its determination, the court shall consider among other
9matters: (a) whether there is evidence that the offense was
10committed in an aggressive and premeditated manner; (b) the age
11of the minor; (c) the previous delinquent history of the minor;
12(d) whether there are facilities particularly available to the
13Juvenile Court or the Department of Juvenile Justice for the
14treatment and rehabilitation of the minor; (e) whether the best
15interest of the minor and the security of the public require
16sentencing under Chapter V of the Unified Code of Corrections;
17and (f) whether the minor possessed a deadly weapon when
18committing the offense. The rules of evidence shall be the same
19as if at trial. If after the hearing the court finds that the
20minor should be sentenced under Chapter V of the Unified Code
21of Corrections, then the court shall sentence the minor
22accordingly having available to it any or all dispositions so
23prescribed.
24    (5) (Blank). (a) The definition of delinquent minor under
25Section 5-120 of this Article shall not apply to any minor who
26is charged with a violation of subsection (a) of Section 31-6

 

 

HB3718 Enrolled- 9 -LRB099 11130 RLC 31593 b

1or Section 32-10 of the Criminal Code of 1961 or the Criminal
2Code of 2012 when the minor is subject to prosecution under the
3criminal laws of this State as a result of the application of
4the provisions of Section 5-125, or subsection (1) or (2) of
5this Section. These charges and all other charges arising out
6of the same incident shall be prosecuted under the criminal
7laws of this State.
8    (b)(i) If before trial or plea an information or indictment
9is filed that does not charge an offense specified in paragraph
10(a) of this subsection (5), the State's Attorney may proceed on
11any lesser charge or charges, but only in Juvenile Court under
12the provisions of this Article. The State's Attorney may
13proceed under the criminal laws of this State on a lesser
14charge if before trial the minor defendant knowingly and with
15advice of counsel waives, in writing, his or her right to have
16the matter proceed in Juvenile Court.
17    (ii) If before trial or plea an information or indictment
18is filed that includes one or more charges specified in
19paragraph (a) of this subsection (5) and additional charges
20that are not specified in that paragraph, all of the charges
21arising out of the same incident shall be prosecuted under the
22criminal laws of this State.
23    (c)(i) If after trial or plea the minor is convicted of any
24offense covered by paragraph (a) of this subsection (5), then,
25in sentencing the minor, the court shall have available any or
26all dispositions prescribed for that offense under Chapter V of

 

 

HB3718 Enrolled- 10 -LRB099 11130 RLC 31593 b

1the Unified Code of Corrections.
2    (ii) If after trial or plea the court finds that the minor
3committed an offense not covered by paragraph (a) of this
4subsection (5), the conviction shall not invalidate the verdict
5or the prosecution of the minor under the criminal laws of this
6State; however, unless the State requests a hearing for the
7purpose of sentencing the minor under Chapter V of the Unified
8Code of Corrections, the Court must proceed under Sections
95-705 and 5-710 of this Article. To request a hearing, the
10State must file a written motion within 10 days following the
11entry of a finding or the return of a verdict. Reasonable
12notice of the motion shall be given to the minor or his or her
13counsel. If the motion is made by the State, the court shall
14conduct a hearing to determine if whether the minor should be
15sentenced under Chapter V of the Unified Code of Corrections.
16In making its determination, the court shall consider among
17other matters: (a) whether there is evidence that the offense
18was committed in an aggressive and premeditated manner; (b) the
19age of the minor; (c) the previous delinquent history of the
20minor; (d) whether there are facilities particularly available
21to the Juvenile Court or the Department of Juvenile Justice for
22the treatment and rehabilitation of the minor; (e) whether the
23security of the public requires sentencing under Chapter V of
24the Unified Code of Corrections; and (f) whether the minor
25possessed a deadly weapon when committing the offense. The
26rules of evidence shall be the same as if at trial. If after

 

 

HB3718 Enrolled- 11 -LRB099 11130 RLC 31593 b

1the hearing the court finds that the minor should be sentenced
2under Chapter V of the Unified Code of Corrections, then the
3court shall sentence the minor accordingly having available to
4it any or all dispositions so prescribed.
5    (6) (Blank). The definition of delinquent minor under
6Section 5-120 of this Article shall not apply to any minor who,
7pursuant to subsection (1) or (3) or Section 5-805 or 5-810,
8has previously been placed under the jurisdiction of the
9criminal court and has been convicted of a crime under an adult
10criminal or penal statute. Such a minor shall be subject to
11prosecution under the criminal laws of this State.
12    (7) The procedures set out in this Article for the
13investigation, arrest and prosecution of juvenile offenders
14shall not apply to minors who are excluded from jurisdiction of
15the Juvenile Court, except that minors under 18 years of age
16shall be kept separate from confined adults.
17    (8) Nothing in this Act prohibits or limits the prosecution
18of any minor for an offense committed on or after his or her
1918th birthday even though he or she is at the time of the
20offense a ward of the court.
21    (9) If an original petition for adjudication of wardship
22alleges the commission by a minor 13 years of age or over of an
23act that constitutes a crime under the laws of this State, the
24minor, with the consent of his or her counsel, may, at any time
25before commencement of the adjudicatory hearing, file with the
26court a motion that criminal prosecution be ordered and that

 

 

HB3718 Enrolled- 12 -LRB099 11130 RLC 31593 b

1the petition be dismissed insofar as the act or acts involved
2in the criminal proceedings are concerned. If such a motion is
3filed as herein provided, the court shall enter its order
4accordingly.
5    (10) If, prior to August 12, 2005 (the effective date of
6Public Act 94-574), a minor is charged with a violation of
7Section 401 of the Illinois Controlled Substances Act under the
8criminal laws of this State, other than a minor charged with a
9Class X felony violation of the Illinois Controlled Substances
10Act or the Methamphetamine Control and Community Protection
11Act, any party including the minor or the court sua sponte may,
12before trial, move for a hearing for the purpose of trying and
13sentencing the minor as a delinquent minor. To request a
14hearing, the party must file a motion prior to trial.
15Reasonable notice of the motion shall be given to all parties.
16On its own motion or upon the filing of a motion by one of the
17parties including the minor, the court shall conduct a hearing
18to determine whether the minor should be tried and sentenced as
19a delinquent minor under this Article. In making its
20determination, the court shall consider among other matters:
21        (a) The age of the minor;
22        (b) Any previous delinquent or criminal history of the
23    minor;
24        (c) Any previous abuse or neglect history of the minor;
25        (d) Any mental health or educational history of the
26    minor, or both; and

 

 

HB3718 Enrolled- 13 -LRB099 11130 RLC 31593 b

1        (e) Whether there is probable cause to support the
2    charge, whether the minor is charged through
3    accountability, and whether there is evidence the minor
4    possessed a deadly weapon or caused serious bodily harm
5    during the offense.
6    Any material that is relevant and reliable shall be
7admissible at the hearing. In all cases, the judge shall enter
8an order permitting prosecution under the criminal laws of
9Illinois unless the judge makes a finding based on a
10preponderance of the evidence that the minor would be amenable
11to the care, treatment, and training programs available through
12the facilities of the juvenile court based on an evaluation of
13the factors listed in this subsection (10).
14    (11) The changes made to this Section by Public Act 98-61
15apply to a minor who has been arrested or taken into custody on
16or after January 1, 2014 (the effective date of Public Act
1798-61).
18(Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14;
1998-756, eff. 7-16-14.)
 
20    (705 ILCS 405/5-407)
21    Sec. 5-407. Processing of juvenile in possession of a
22firearm.
23    (a) If a law enforcement officer detains a minor pursuant
24to Section 10-27.1A of the School Code, the officer shall
25deliver the minor to the nearest juvenile officer, in the

 

 

HB3718 Enrolled- 14 -LRB099 11130 RLC 31593 b

1manner prescribed by subsection (2) of Section 5-405 of this
2Act. The juvenile officer shall deliver the minor without
3unnecessary delay to the court or to the place designated by
4rule or order of court for the reception of minors. In no event
5shall the minor be eligible for any other disposition by the
6juvenile police officer, notwithstanding the provisions of
7subsection (3) of Section 5-405 of this Act.
8    (b) Minors not excluded from this Act's jurisdiction under
9subsection (3)(a) of Section 5-130 of this Act shall be brought
10before a judicial officer within 40 hours, exclusive of
11Saturdays, Sundays, and court-designated holidays, for a
12detention hearing to determine whether he or she shall be
13further held in custody. If the court finds that there is
14probable cause to believe that the minor is a delinquent minor
15by virtue of his or her violation of item (4) of subsection (a)
16of Section 24-1 of the Criminal Code of 1961 or the Criminal
17Code of 2012 while on school grounds, that finding shall create
18a presumption that immediate and urgent necessity exists under
19subdivision (2) of Section 5-501 of this Act. Once the
20presumption of immediate and urgent necessity has been raised,
21the burden of demonstrating the lack of immediate and urgent
22necessity shall be on any party that is opposing detention for
23the minor. Should the court order detention pursuant to this
24Section, the minor shall be detained, pending the results of a
25court-ordered psychological evaluation to determine if the
26minor is a risk to himself, herself, or others. Upon receipt of

 

 

HB3718 Enrolled- 15 -LRB099 11130 RLC 31593 b

1the psychological evaluation, the court shall review the
2determination regarding the existence of urgent and immediate
3necessity. The court shall consider the psychological
4evaluation in conjunction with the other factors identified in
5subdivision (2) of Section 5-501 of this Act in order to make a
6de novo determination regarding whether it is a matter of
7immediate and urgent necessity for the protection of the minor
8or of the person or property of another that the minor be
9detained or placed in a shelter care facility. In addition to
10the pre-trial conditions found in Section 5-505 of this Act,
11the court may order the minor to receive counseling and any
12other services recommended by the psychological evaluation as a
13condition for release of the minor.
14    (c) Upon making a determination that the student presents a
15risk to himself, herself, or others, the court shall issue an
16order restraining the student from entering the property of the
17school if he or she has been suspended or expelled from the
18school as a result of possessing a firearm. The order shall
19restrain the student from entering the school and school owned
20or leased property, including any conveyance owned, leased, or
21contracted by the school to transport students to or from
22school or a school-related activity. The order shall remain in
23effect until such time as the court determines that the student
24no longer presents a risk to himself, herself, or others.
25    (d) Psychological evaluations ordered pursuant to
26subsection (b) of this Section and statements made by the minor

 

 

HB3718 Enrolled- 16 -LRB099 11130 RLC 31593 b

1during the course of these evaluations, shall not be admissible
2on the issue of delinquency during the course of any
3adjudicatory hearing held under this Act.
4    (e) In this Section:
5    "School" means any public or private elementary or
6secondary school.
7    "School grounds" includes the real property comprising any
8school, any conveyance owned, leased, or contracted by a school
9to transport students to or from school or a school-related
10activity, or any public way within 1,000 feet of the real
11property comprising any school.
12(Source: P.A. 97-1150, eff. 1-25-13.)
 
13    (705 ILCS 405/5-805)
14    Sec. 5-805. Transfer of jurisdiction.
15    (1) (Blank). Mandatory transfers.
16        (a) If a petition alleges commission by a minor 15
17    years of age or older of an act that constitutes a forcible
18    felony under the laws of this State, and if a motion by the
19    State's Attorney to prosecute the minor under the criminal
20    laws of Illinois for the alleged forcible felony alleges
21    that (i) the minor has previously been adjudicated
22    delinquent or found guilty for commission of an act that
23    constitutes a felony under the laws of this State or any
24    other state and (ii) the act that constitutes the offense
25    was committed in furtherance of criminal activity by an

 

 

HB3718 Enrolled- 17 -LRB099 11130 RLC 31593 b

1    organized gang, the Juvenile Judge assigned to hear and
2    determine those motions shall, upon determining that there
3    is probable cause that both allegations are true, enter an
4    order permitting prosecution under the criminal laws of
5    Illinois.
6        (b) If a petition alleges commission by a minor 15
7    years of age or older of an act that constitutes a felony
8    under the laws of this State, and if a motion by a State's
9    Attorney to prosecute the minor under the criminal laws of
10    Illinois for the alleged felony alleges that (i) the minor
11    has previously been adjudicated delinquent or found guilty
12    for commission of an act that constitutes a forcible felony
13    under the laws of this State or any other state and (ii)
14    the act that constitutes the offense was committed in
15    furtherance of criminal activities by an organized gang,
16    the Juvenile Judge assigned to hear and determine those
17    motions shall, upon determining that there is probable
18    cause that both allegations are true, enter an order
19    permitting prosecution under the criminal laws of
20    Illinois.
21        (c) If a petition alleges commission by a minor 15
22    years of age or older of: (i) an act that constitutes an
23    offense enumerated in the presumptive transfer provisions
24    of subsection (2); and (ii) the minor has previously been
25    adjudicated delinquent or found guilty of a forcible
26    felony, the Juvenile Judge designated to hear and determine

 

 

HB3718 Enrolled- 18 -LRB099 11130 RLC 31593 b

1    those motions shall, upon determining that there is
2    probable cause that both allegations are true, enter an
3    order permitting prosecution under the criminal laws of
4    Illinois.
5        (d) If a petition alleges commission by a minor 15
6    years of age or older of an act that constitutes the
7    offense of aggravated discharge of a firearm committed in a
8    school, on the real property comprising a school, within
9    1,000 feet of the real property comprising a school, at a
10    school related activity, or on, boarding, or departing from
11    any conveyance owned, leased, or contracted by a school or
12    school district to transport students to or from school or
13    a school related activity, regardless of the time of day or
14    the time of year, the juvenile judge designated to hear and
15    determine those motions shall, upon determining that there
16    is probable cause that the allegations are true, enter an
17    order permitting prosecution under the criminal laws of
18    Illinois.
19        For purposes of this paragraph (d) of subsection (1):
20        "School" means a public or private elementary or
21    secondary school, community college, college, or
22    university.
23        "School related activity" means any sporting, social,
24    academic, or other activity for which students' attendance
25    or participation is sponsored, organized, or funded in
26    whole or in part by a school or school district.

 

 

HB3718 Enrolled- 19 -LRB099 11130 RLC 31593 b

1    (2) Presumptive transfer.
2        (a) If the State's Attorney files a petition, at any
3    time prior to commencement of the minor's trial, to permit
4    prosecution under the criminal laws and the petition
5    alleges a minor 15 years of age or older of an act that
6    constitutes a forcible felony under the laws of this State,
7    and if a motion by the State's Attorney to prosecute the
8    minor under the criminal laws of Illinois for the alleged
9    forcible felony alleges that (i) the minor has previously
10    been adjudicated delinquent or found guilty for commission
11    of an act that constitutes a forcible felony under the laws
12    of this State or any other state and (ii) the act that
13    constitutes the offense was committed in furtherance of
14    criminal activity by an organized gang, the commission by a
15    minor 15 years of age or older of: (i) a Class X felony
16    other than armed violence; (ii) aggravated discharge of a
17    firearm; (iii) armed violence with a firearm when the
18    predicate offense is a Class 1 or Class 2 felony and the
19    State's Attorney's motion to transfer the case alleges that
20    the offense committed is in furtherance of the criminal
21    activities of an organized gang; (iv) armed violence with a
22    firearm when the predicate offense is a violation of the
23    Illinois Controlled Substances Act, a violation of the
24    Cannabis Control Act, or a violation of the Methamphetamine
25    Control and Community Protection Act; (v) armed violence
26    when the weapon involved was a machine gun or other weapon

 

 

HB3718 Enrolled- 20 -LRB099 11130 RLC 31593 b

1    described in subsection (a)(7) of Section 24-1 of the
2    Criminal Code of 1961 or the Criminal Code of 2012; (vi) an
3    act in violation of Section 401 of the Illinois Controlled
4    Substances Act which is a Class X felony, while in a
5    school, regardless of the time of day or the time of year,
6    or on any conveyance owned, leased, or contracted by a
7    school to transport students to or from school or a school
8    related activity, or on residential property owned,
9    operated, or managed by a public housing agency or leased
10    by a public housing agency as part of a scattered site or
11    mixed-income development; or (vii) an act in violation of
12    Section 401 of the Illinois Controlled Substances Act and
13    the offense is alleged to have occurred while in a school
14    or on a public way within 1,000 feet of the real property
15    comprising any school, regardless of the time of day or the
16    time of year when the delivery or intended delivery of any
17    amount of the controlled substance is to a person under 17
18    years of age, (to qualify for a presumptive transfer under
19    paragraph (vi) or (vii) of this clause (2)(a), the
20    violation cannot be based upon subsection (b) of Section
21    407 of the Illinois Controlled Substances Act) and, if the
22    juvenile judge assigned to hear and determine motions to
23    transfer a case for prosecution in the criminal court
24    determines that there is probable cause to believe that the
25    allegations in the petition and motion are true, there is a
26    rebuttable presumption that the minor is not a fit and

 

 

HB3718 Enrolled- 21 -LRB099 11130 RLC 31593 b

1    proper subject to be dealt with under the Juvenile Justice
2    Reform Provisions of 1998 (Public Act 90-590), and that,
3    except as provided in paragraph (b), the case should be
4    transferred to the criminal court.
5        (b) The judge shall enter an order permitting
6    prosecution under the criminal laws of Illinois unless the
7    judge makes a finding based on clear and convincing
8    evidence that the minor would be amenable to the care,
9    treatment, and training programs available through the
10    facilities of the juvenile court based on an evaluation of
11    the following:
12            (i) the age of the minor;
13            (ii) the history of the minor, including:
14                (A) any previous delinquent or criminal
15            history of the minor,
16                (B) any previous abuse or neglect history of
17            the minor, and
18                (C) any mental health, physical or educational
19            history of the minor or combination of these
20            factors;
21            (iii) the circumstances of the offense, including:
22                (A) the seriousness of the offense,
23                (B) whether the minor is charged through
24            accountability,
25                (C) whether there is evidence the offense was
26            committed in an aggressive and premeditated

 

 

HB3718 Enrolled- 22 -LRB099 11130 RLC 31593 b

1            manner,
2                (D) whether there is evidence the offense
3            caused serious bodily harm,
4                (E) whether there is evidence the minor
5            possessed a deadly weapon;
6            (iv) the advantages of treatment within the
7        juvenile justice system including whether there are
8        facilities or programs, or both, particularly
9        available in the juvenile system;
10            (v) whether the security of the public requires
11        sentencing under Chapter V of the Unified Code of
12        Corrections:
13                (A) the minor's history of services, including
14            the minor's willingness to participate
15            meaningfully in available services;
16                (B) whether there is a reasonable likelihood
17            that the minor can be rehabilitated before the
18            expiration of the juvenile court's jurisdiction;
19                (C) the adequacy of the punishment or
20            services.
21        In considering these factors, the court shall give
22    greater weight to the seriousness of the alleged offense
23    and the minor's prior record of delinquency than to the
24    other factors listed in this subsection.
25    For purposes of clauses (2)(a)(vi) and (vii):
26    "School" means a public or private elementary or secondary

 

 

HB3718 Enrolled- 23 -LRB099 11130 RLC 31593 b

1school, community college, college, or university.
2    "School related activity" means any sporting, social,
3academic, or other activity for which students' attendance or
4participation is sponsored, organized, or funded in whole or in
5part by a school or school district.
6    (3) Discretionary transfer.
7        (a) If a petition alleges commission by a minor 13
8    years of age or over of an act that constitutes a crime
9    under the laws of this State and, on motion of the State's
10    Attorney to permit prosecution of the minor under the
11    criminal laws, a Juvenile Judge assigned by the Chief Judge
12    of the Circuit to hear and determine those motions, after
13    hearing but before commencement of the trial, finds that
14    there is probable cause to believe that the allegations in
15    the motion are true and that it is not in the best
16    interests of the public to proceed under this Act, the
17    court may enter an order permitting prosecution under the
18    criminal laws.
19        (b) In making its determination on the motion to permit
20    prosecution under the criminal laws, the court shall
21    consider among other matters:
22            (i) the age of the minor;
23            (ii) the history of the minor, including:
24                (A) any previous delinquent or criminal
25            history of the minor,
26                (B) any previous abuse or neglect history of

 

 

HB3718 Enrolled- 24 -LRB099 11130 RLC 31593 b

1            the minor, and
2                (C) any mental health, physical, or
3            educational history of the minor or combination of
4            these factors;
5            (iii) the circumstances of the offense, including:
6                (A) the seriousness of the offense,
7                (B) whether the minor is charged through
8            accountability,
9                (C) whether there is evidence the offense was
10            committed in an aggressive and premeditated
11            manner,
12                (D) whether there is evidence the offense
13            caused serious bodily harm,
14                (E) whether there is evidence the minor
15            possessed a deadly weapon;
16            (iv) the advantages of treatment within the
17        juvenile justice system including whether there are
18        facilities or programs, or both, particularly
19        available in the juvenile system;
20            (v) whether the security of the public requires
21        sentencing under Chapter V of the Unified Code of
22        Corrections:
23                (A) the minor's history of services, including
24            the minor's willingness to participate
25            meaningfully in available services;
26                (B) whether there is a reasonable likelihood

 

 

HB3718 Enrolled- 25 -LRB099 11130 RLC 31593 b

1            that the minor can be rehabilitated before the
2            expiration of the juvenile court's jurisdiction;
3                (C) the adequacy of the punishment or
4            services.
5        In considering these factors, the court shall give
6    greater weight to the seriousness of the alleged offense,
7    and the minor's prior record of delinquency than to the
8    other factors listed in this subsection.
9    (4) The rules of evidence for this hearing shall be the
10same as under Section 5-705 of this Act. A minor must be
11represented in court by counsel before the hearing may be
12commenced.
13    (5) If criminal proceedings are instituted, the petition
14for adjudication of wardship shall be dismissed insofar as the
15act or acts involved in the criminal proceedings. Taking of
16evidence in a trial on petition for adjudication of wardship is
17a bar to criminal proceedings based upon the conduct alleged in
18the petition.
19    (6) When criminal prosecution is permitted under this
20Section and a finding of guilt is entered, the criminal court
21shall sentence the minor under Section 5-4.5-105 of the Unified
22Code of Corrections.
23    (7) The changes made to this Section by this amendatory Act
24of the 99th General Assembly apply to a minor who has been
25taken into custody on or after the effective date of this
26amendatory Act of the 99th General Assembly.

 

 

HB3718 Enrolled- 26 -LRB099 11130 RLC 31593 b

1(Source: P.A. 97-1150, eff. 1-25-13.)
 
2    (705 ILCS 405/5-810)
3    Sec. 5-810. Extended jurisdiction juvenile prosecutions.
4    (1) (a) If the State's Attorney files a petition, at any
5time prior to commencement of the minor's trial, to designate
6the proceeding as an extended jurisdiction juvenile
7prosecution and the petition alleges the commission by a minor
813 years of age or older of any offense which would be a felony
9if committed by an adult, and, if the juvenile judge assigned
10to hear and determine petitions to designate the proceeding as
11an extended jurisdiction juvenile prosecution determines that
12there is probable cause to believe that the allegations in the
13petition and motion are true, there is a rebuttable presumption
14that the proceeding shall be designated as an extended
15jurisdiction juvenile proceeding.
16    (b) The judge shall enter an order designating the
17proceeding as an extended jurisdiction juvenile proceeding
18unless the judge makes a finding based on clear and convincing
19evidence that sentencing under the Chapter V of the Unified
20Code of Corrections would not be appropriate for the minor
21based on an evaluation of the following factors:
22        (i) the age of the minor;
23        (ii) the history of the minor, including:
24            (A) any previous delinquent or criminal history of
25        the minor,

 

 

HB3718 Enrolled- 27 -LRB099 11130 RLC 31593 b

1            (B) any previous abuse or neglect history of the
2        minor, and
3            (C) any mental health, physical and/or educational
4        history of the minor;
5        (iii) the circumstances of the offense, including:
6            (A) the seriousness of the offense,
7            (B) whether the minor is charged through
8        accountability,
9            (C) whether there is evidence the offense was
10        committed in an aggressive and premeditated manner,
11            (D) whether there is evidence the offense caused
12        serious bodily harm,
13            (E) whether there is evidence the minor possessed a
14        deadly weapon;
15        (iv) the advantages of treatment within the juvenile
16    justice system including whether there are facilities or
17    programs, or both, particularly available in the juvenile
18    system;
19        (v) whether the security of the public requires
20    sentencing under Chapter V of the Unified Code of
21    Corrections:
22            (A) the minor's history of services, including the
23        minor's willingness to participate meaningfully in
24        available services;
25            (B) whether there is a reasonable likelihood that
26        the minor can be rehabilitated before the expiration of

 

 

HB3718 Enrolled- 28 -LRB099 11130 RLC 31593 b

1        the juvenile court's jurisdiction;
2            (C) the adequacy of the punishment or services.
3    In considering these factors, the court shall give greater
4weight to the seriousness of the alleged offense, and the
5minor's prior record of delinquency than to other factors
6listed in this subsection.
7    (2) Procedures for extended jurisdiction juvenile
8prosecutions. The State's Attorney may file a written motion
9for a proceeding to be designated as an extended juvenile
10jurisdiction prior to commencement of trial. Notice of the
11motion shall be in compliance with Section 5-530. When the
12State's Attorney files a written motion that a proceeding be
13designated an extended jurisdiction juvenile prosecution, the
14court shall commence a hearing within 30 days of the filing of
15the motion for designation, unless good cause is shown by the
16prosecution or the minor as to why the hearing could not be
17held within this time period. If the court finds good cause has
18been demonstrated, then the hearing shall be held within 60
19days of the filing of the motion. The hearings shall be open to
20the public unless the judge finds that the hearing should be
21closed for the protection of any party, victim or witness. If
22the Juvenile Judge assigned to hear and determine a motion to
23designate an extended jurisdiction juvenile prosecution
24determines that there is probable cause to believe that the
25allegations in the petition and motion are true the court shall
26grant the motion for designation. Information used by the court

 

 

HB3718 Enrolled- 29 -LRB099 11130 RLC 31593 b

1in its findings or stated in or offered in connection with this
2Section may be by way of proffer based on reliable information
3offered by the State or the minor. All evidence shall be
4admissible if it is relevant and reliable regardless of whether
5it would be admissible under the rules of evidence.
6    (3) Trial. A minor who is subject of an extended
7jurisdiction juvenile prosecution has the right to trial by
8jury. Any trial under this Section shall be open to the public.
9    (4) Sentencing. If an extended jurisdiction juvenile
10prosecution under subsection (1) results in a guilty plea, a
11verdict of guilty, or a finding of guilt, the court shall
12impose the following:
13        (i) one or more juvenile sentences under Section 5-710;
14    and
15        (ii) an adult criminal sentence in accordance with the
16    provisions of Section 5-4.5-105 of the Unified Code of
17    Corrections Chapter V of the Unified Code of Corrections,
18    the execution of which shall be stayed on the condition
19    that the offender not violate the provisions of the
20    juvenile sentence.
21Any sentencing hearing under this Section shall be open to the
22public.
23    (5) If, after an extended jurisdiction juvenile
24prosecution trial, a minor is convicted of a lesser-included
25offense or of an offense that the State's Attorney did not
26designate as an extended jurisdiction juvenile prosecution,

 

 

HB3718 Enrolled- 30 -LRB099 11130 RLC 31593 b

1the State's Attorney may file a written motion, within 10 days
2of the finding of guilt, that the minor be sentenced as an
3extended jurisdiction juvenile prosecution offender. The court
4shall rule on this motion using the factors found in paragraph
5(1)(b) of Section 5-805. If the court denies the State's
6Attorney's motion for sentencing under the extended
7jurisdiction juvenile prosecution provision, the court shall
8proceed to sentence the minor under Section 5-710.
9    (6) When it appears that a minor convicted in an extended
10jurisdiction juvenile prosecution under subsection (1) has
11violated the conditions of his or her sentence, or is alleged
12to have committed a new offense upon the filing of a petition
13to revoke the stay, the court may, without notice, issue a
14warrant for the arrest of the minor. After a hearing, if the
15court finds by a preponderance of the evidence that the minor
16committed a new offense, the court shall order execution of the
17previously imposed adult criminal sentence. After a hearing, if
18the court finds by a preponderance of the evidence that the
19minor committed a violation of his or her sentence other than
20by a new offense, the court may order execution of the
21previously imposed adult criminal sentence or may continue him
22or her on the existing juvenile sentence with or without
23modifying or enlarging the conditions. Upon revocation of the
24stay of the adult criminal sentence and imposition of that
25sentence, the minor's extended jurisdiction juvenile status
26shall be terminated. The on-going jurisdiction over the minor's

 

 

HB3718 Enrolled- 31 -LRB099 11130 RLC 31593 b

1case shall be assumed by the adult criminal court and juvenile
2court jurisdiction shall be terminated and a report of the
3imposition of the adult sentence shall be sent to the
4Department of State Police.
5    (7) Upon successful completion of the juvenile sentence the
6court shall vacate the adult criminal sentence.
7    (8) Nothing in this Section precludes the State from filing
8a motion for transfer under Section 5-805.
9(Source: P.A. 94-574, eff. 8-12-05; 95-331, eff. 8-21-07.)
 
10    (705 ILCS 405/5-822 new)
11    Sec. 5-822. Data collection. On the effective date of this
12amendatory Act of the 99th General Assembly:
13        (1) The Clerk of the Circuit Court of every county in
14    this State, shall track the filing, processing, and
15    disposition of all cases:
16            (a) initiated in criminal court under Section
17        5-130 of this Act;
18            (b) in which a motion to transfer was filed by the
19        State under Section 5-805 of this Act;
20            (c) in which a motion for extended jurisdiction was
21        filed by the State under Section 5-810 of this Act;
22            (d) in which a designation is sought of a Habitual
23        Juvenile Offender under Section 5-815 of this Act; and
24            (e) in which a designation is sought of a Violent
25        Juvenile Offender under Section 5-820 of this Act.

 

 

HB3718 Enrolled- 32 -LRB099 11130 RLC 31593 b

1        (2) For each category of case listed in subsection (1),
2    the clerk shall collect the following:
3            (a) age of the defendant and of the victim or
4        victims at the time of offense;
5            (b) race and ethnicity of the defendant and the
6        victim or victims;
7            (c) gender of the defendant and the victim or
8        victims;
9            (d) the offense or offenses charged;
10            (e) date filed and the date of final disposition;
11            (f) the final disposition;
12            (g) for those cases resulting in a finding or plea
13        of guilty:
14                (i) charge or charges for which they are
15            convicted;
16                (ii) sentence for each charge;
17            (h) for cases under paragraph (c) of subsection
18        (1), the clerk shall report if the adult sentence is
19        applied due to non-compliance with the juvenile
20        sentence.
21        (3) On January 15 and June 15 of each year beginning 6
22    months after the effective date of this amendatory Act of
23    the 99th General Assembly, the Clerk of each county shall
24    submit a report outlining all of the information from
25    subsection (2) to the General Assembly and the county board
26    of the clerk's respective county.

 

 

HB3718 Enrolled- 33 -LRB099 11130 RLC 31593 b

1        (4) No later than 2 months after the effective date of
2    this amendatory Act of the 99th General Assembly, the
3    standards, confidentiality protocols, format, and data
4    depository for the semi-annual reports described in this
5    Section shall be identified by the State Advisory Group on
6    Juvenile Justice and Delinquency Prevention and
7    distributed to the General Assembly, county boards, and
8    county clerks' offices.
 
9    (705 ILCS 405/5-821 rep.)
10    Section 10. The Juvenile Court Act of 1987 is amended by
11repealing Section 5-821.
 
12    Section 15. The Unified Code of Corrections is amended by
13adding Section 5-4.5-105 as follows:
 
14    (730 ILCS 5/5-4.5-105 new)
15    Sec. 5-4.5-105. SENTENCING OF INDIVIDUALS UNDER THE AGE OF
1618 AT THE TIME OF THE COMMISSION OF AN OFFENSE.
17    (a) On or after the effective date of this amendatory Act
18of the 99th General Assembly, when a person commits an offense
19and the person is under 18 years of age at the time of the
20commission of the offense, the court, at the sentencing hearing
21conducted under Section 5-4-1, shall consider the following
22additional factors in mitigation in determining the
23appropriate sentence:

 

 

HB3718 Enrolled- 34 -LRB099 11130 RLC 31593 b

1        (1) the person's age, impetuosity, and level of
2    maturity at the time of the offense, including the ability
3    to consider risks and consequences of behavior, and the
4    presence of cognitive or developmental disability, or
5    both, if any;
6        (2) whether the person was subjected to outside
7    pressure, including peer pressure, familial pressure, or
8    negative influences;
9        (3) the person's family, home environment, educational
10    and social background, including any history of parental
11    neglect, physical abuse, or other childhood trauma;
12        (4) the person's potential for rehabilitation or
13    evidence of rehabilitation, or both;
14        (5) the circumstances of the offense;
15        (6) the person's degree of participation and specific
16    role in the offense, including the level of planning by the
17    defendant before the offense;
18        (7) whether the person was able to meaningfully
19    participate in his or her defense;
20        (8) the person's prior juvenile or criminal history;
21    and
22        (9) any other information the court finds relevant and
23    reliable, including an expression of remorse, if
24    appropriate. However, if the person, on advice of counsel
25    chooses not to make a statement, the court shall not
26    consider a lack of an expression of remorse as an

 

 

HB3718 Enrolled- 35 -LRB099 11130 RLC 31593 b

1    aggravating factor.
2    (b) Except as provided in subsection (c), the court may
3sentence the defendant to any disposition authorized for the
4class of the offense of which he or she was found guilty as
5described in Article 4.5 of this Code, and may, in its
6discretion, decline to impose any otherwise applicable
7sentencing enhancement based upon firearm possession,
8possession with personal discharge, or possession with
9personal discharge that proximately causes great bodily harm,
10permanent disability, permanent disfigurement or death to
11another person.
12    (c) Notwithstanding any other provision of law, if the
13defendant is convicted of first degree murder and would
14otherwise be subject to sentencing under clause (iii), (iv),
15(v), or (vii) of subsection (c) of Section 5-8-1 of this Code
16based on the category of persons identified therein, the court
17shall impose a sentence of not less than 40 years of
18imprisonment. In addition, the court may, in its discretion,
19decline to impose the sentencing enhancements based upon the
20possession or use of a firearm during the commission of the
21offense included in subsection (d) of Section 5-8-1.