Full Text of HB3414 103rd General Assembly
HB3414enr 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 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 Sections 5-805 and 5-810 as follows:
| 6 | | (705 ILCS 405/5-805)
| 7 | | Sec. 5-805. Transfer of jurisdiction.
| 8 | | (1) (Blank).
| 9 | | (2) Presumptive transfer.
| 10 | | (a) If the State's Attorney files a petition, at any | 11 | | time prior to
commencement of the minor's trial, to permit | 12 | | prosecution under the criminal
laws and the petition | 13 | | alleges a minor 15 years of age or older
of an act that | 14 | | constitutes a forcible felony under the laws of this | 15 | | State, and
if a motion by the State's Attorney to | 16 | | prosecute the minor under the criminal
laws of Illinois | 17 | | for the alleged forcible felony alleges that (i) the minor | 18 | | has
previously been adjudicated delinquent or found guilty | 19 | | for commission of an act
that constitutes a forcible | 20 | | felony under the laws of this State or any other state and
| 21 | | (ii) the act that constitutes the offense was committed in | 22 | | furtherance of
criminal activity by an organized gang, | 23 | | and, if the juvenile judge
assigned to hear and determine |
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| 1 | | motions to transfer a case for prosecution in
the criminal | 2 | | court determines that there is probable cause to believe | 3 | | that the
allegations in the petition and motion are true, | 4 | | there is a rebuttable
presumption that the minor is not a | 5 | | fit and proper subject to be dealt with
under the Juvenile | 6 | | Justice Reform Provisions of 1998 (Public Act 90-590),
and | 7 | | that, except as provided in paragraph (b), the case should | 8 | | be transferred
to the criminal court.
| 9 | | (b) The judge shall enter an order permitting | 10 | | prosecution under the
criminal laws of Illinois unless the | 11 | | judge makes a finding based on clear and
convincing | 12 | | evidence that the minor would be amenable to the care, | 13 | | treatment,
and training programs available through the | 14 | | facilities of the juvenile court
based on an evaluation of | 15 | | the following:
| 16 | | (i) the age of the minor;
| 17 | | (ii) the history of the minor, including:
| 18 | | (A) any previous delinquent or criminal | 19 | | history of the minor, | 20 | | (B) any previous abuse or neglect history of | 21 | | the minor, and
| 22 | | (C) any mental health, physical or educational | 23 | | history of the minor or combination of these | 24 | | factors , and ; | 25 | | (D) any involvement of the minor in the child | 26 | | welfare system; |
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| 1 | | (iii) the circumstances of the offense, including:
| 2 | | (A) the seriousness of the offense,
| 3 | | (B) whether the minor is charged through | 4 | | accountability,
| 5 | | (C) whether there is evidence the offense was | 6 | | committed in an aggressive and premeditated | 7 | | manner,
| 8 | | (D) whether there is evidence the offense | 9 | | caused serious bodily harm,
| 10 | | (E) whether there is evidence the minor | 11 | | possessed a deadly weapon , ;
| 12 | | (F) whether there is evidence the minor was | 13 | | subjected to outside pressure, including peer | 14 | | pressure, familial pressure, or negative | 15 | | influences, and | 16 | | (G) the minor's degree of participation and | 17 | | specific role in the offense; | 18 | | (iv) the advantages of treatment within the | 19 | | juvenile justice system including whether there are | 20 | | facilities or programs, or both, particularly | 21 | | available in the juvenile system;
| 22 | | (v) whether the security of the public requires | 23 | | sentencing under Chapter V of the Unified Code of | 24 | | Corrections:
| 25 | | (A) the minor's history of services, including | 26 | | the minor's willingness to participate |
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| 1 | | meaningfully in available services;
| 2 | | (B) whether there is a reasonable likelihood | 3 | | that the minor can be rehabilitated before the | 4 | | expiration of the juvenile court's jurisdiction;
| 5 | | and | 6 | | (C) the adequacy of the punishment or | 7 | | services.
| 8 | | In considering these factors, the court shall give | 9 | | greater
weight to the seriousness of the alleged offense | 10 | | and the minor's prior record
of delinquency than to the | 11 | | other factors listed in this subsection.
| 12 | | (3) Discretionary transfer.
| 13 | | (a) If a petition alleges commission by a minor 13 | 14 | | years of age or over of
an act that constitutes a crime | 15 | | under the laws of this State and, on motion of
the State's | 16 | | Attorney to permit prosecution of the minor under the | 17 | | criminal
laws, a Juvenile Judge assigned by the Chief | 18 | | Judge of the Circuit to hear and
determine those motions, | 19 | | after hearing but before commencement of the
trial, finds | 20 | | that there is probable cause to believe that the
| 21 | | allegations in the motion are true and that it is not in | 22 | | the best interests
of the public to proceed under this | 23 | | Act, the court may enter an
order permitting prosecution | 24 | | under the criminal laws.
| 25 | | (b) In making its determination on the motion to | 26 | | permit prosecution under
the criminal laws, the court |
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| 1 | | shall consider among other matters:
| 2 | | (i) the age of the minor;
| 3 | | (ii) the history of the minor, including:
| 4 | | (A) any previous delinquent or criminal | 5 | | history of the minor,
| 6 | | (B) any previous abuse or neglect history of | 7 | | the minor, and
| 8 | | (C) any mental health, physical, or | 9 | | educational history of the minor or combination of | 10 | | these factors , and ;
| 11 | | (D) any involvement of the minor in the child | 12 | | welfare system; | 13 | | (iii) the circumstances of the offense, including:
| 14 | | (A) the seriousness of the offense,
| 15 | | (B) whether the minor is charged through | 16 | | accountability,
| 17 | | (C) whether there is evidence the offense was | 18 | | committed in an aggressive and premeditated | 19 | | manner,
| 20 | | (D) whether there is evidence the offense | 21 | | caused serious bodily harm,
| 22 | | (E) whether there is evidence the minor | 23 | | possessed a deadly weapon , ;
| 24 | | (F) whether there is evidence the minor was | 25 | | subjected to outside pressure, including peer | 26 | | pressure, familial pressure, or negative |
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| 1 | | influences, and | 2 | | (G) the minor's degree of participation and | 3 | | specific role in the offense; | 4 | | (iv) the advantages of treatment within the | 5 | | juvenile justice system including whether there are | 6 | | facilities or programs, or both, particularly | 7 | | available in the juvenile system;
| 8 | | (v) whether the security of the public requires | 9 | | sentencing under Chapter V of the Unified Code of | 10 | | Corrections:
| 11 | | (A) the minor's history of services, including | 12 | | the minor's willingness to participate | 13 | | meaningfully in available services;
| 14 | | (B) whether there is a reasonable likelihood | 15 | | that the minor can be rehabilitated before the | 16 | | expiration of the juvenile court's jurisdiction;
| 17 | | and | 18 | | (C) the adequacy of the punishment or | 19 | | services.
| 20 | | In considering these factors, the court shall give | 21 | | greater
weight to the seriousness of the alleged offense, | 22 | | the minor's prior record
of delinquency than to the other | 23 | | factors listed in this subsection.
| 24 | | (4) The rules of evidence for this hearing shall be the | 25 | | same as under
Section 5-705 of this Act. A minor must be | 26 | | represented in court by counsel
before the hearing may be |
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| 1 | | commenced.
| 2 | | (5) If criminal proceedings are instituted, the petition | 3 | | for adjudication
of wardship shall be dismissed insofar as the | 4 | | act or acts involved in the
criminal proceedings. Taking of | 5 | | evidence in a trial on petition for
adjudication of wardship | 6 | | is a bar to criminal proceedings based upon the
conduct | 7 | | alleged in the petition.
| 8 | | (6) When criminal prosecution is permitted under this | 9 | | Section and a finding of guilt is entered, the criminal court | 10 | | shall sentence the minor under Section 5-4.5-105 of the | 11 | | Unified Code of Corrections. | 12 | | (7) The changes made to this Section by this amendatory | 13 | | Act of the 99th General Assembly apply to a minor who has been | 14 | | taken into custody on or after the effective date of this | 15 | | amendatory Act of the 99th General Assembly. | 16 | | (Source: P.A. 99-258, eff. 1-1-16 .)
| 17 | | (705 ILCS 405/5-810)
| 18 | | Sec. 5-810. Extended jurisdiction juvenile prosecutions.
| 19 | | (1) (a) If the State's Attorney files a petition, at any | 20 | | time prior to
commencement of the
minor's trial, to designate | 21 | | the proceeding as an extended jurisdiction juvenile
| 22 | | prosecution and the petition alleges the commission by a minor | 23 | | 13 years of age
or
older of any offense which would be a felony | 24 | | if committed by an adult, and, if
the
juvenile judge
assigned | 25 | | to hear and determine petitions to designate the proceeding as |
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| 1 | | an
extended jurisdiction juvenile prosecution determines that | 2 | | there is probable
cause to believe that the allegations in the | 3 | | petition and motion are true,
there is a rebuttable | 4 | | presumption that the proceeding shall be designated as an
| 5 | | extended jurisdiction juvenile proceeding.
| 6 | | (b) The judge shall enter an order designating the | 7 | | proceeding as an
extended jurisdiction juvenile proceeding | 8 | | unless the judge makes a finding
based on clear and convincing | 9 | | evidence that sentencing under the Chapter V of
the Unified | 10 | | Code of Corrections would not be appropriate for the minor | 11 | | based on
an evaluation of the
following factors:
| 12 | | (i) the age of the minor;
| 13 | | (ii) the history of the minor, including:
| 14 | | (A) any previous delinquent or criminal history of | 15 | | the minor,
| 16 | | (B) any previous abuse or neglect history of the | 17 | | minor, and
| 18 | | (C) any mental health, physical and/or educational | 19 | | history of the minor , and ;
| 20 | | (D) any involvement of the minor in the child | 21 | | welfare system; | 22 | | (iii) the circumstances of the offense, including:
| 23 | | (A) the seriousness of the offense,
| 24 | | (B) whether the minor is charged through | 25 | | accountability,
| 26 | | (C) whether there is evidence the offense was |
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| 1 | | committed in an aggressive and premeditated manner,
| 2 | | (D) whether there is evidence the offense caused | 3 | | serious bodily harm,
| 4 | | (E) whether there is evidence the minor possessed | 5 | | a deadly weapon , ;
| 6 | | (F) whether there is evidence the minor was | 7 | | subjected to outside pressure, including peer | 8 | | pressure, familial pressure, or negative influences, | 9 | | and | 10 | | (G) the minor's degree of participation and | 11 | | specific role in the offense; | 12 | | (iv) the advantages of treatment within the juvenile | 13 | | justice system including whether there are facilities or | 14 | | programs, or both, particularly available in the juvenile | 15 | | system;
| 16 | | (v) whether the security of the public requires | 17 | | sentencing under Chapter V of the Unified Code of | 18 | | Corrections:
| 19 | | (A) the minor's history of services, including the | 20 | | minor's willingness to participate meaningfully in | 21 | | available services;
| 22 | | (B) whether there is a reasonable likelihood that | 23 | | the minor can be rehabilitated before the expiration | 24 | | of the juvenile court's jurisdiction;
| 25 | | (C) the adequacy of the punishment or services.
| 26 | | In considering these factors, the court shall give greater |
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| 1 | | weight to the
seriousness of the alleged offense, and the | 2 | | minor's prior record of delinquency
than to other factors | 3 | | listed in this subsection.
| 4 | | (2) Procedures for extended
jurisdiction juvenile | 5 | | prosecutions.
The State's Attorney may file a written motion | 6 | | for a proceeding to be
designated as an extended juvenile | 7 | | jurisdiction prior to
commencement of trial. Notice of the | 8 | | motion shall be in
compliance with
Section 5-530. When the | 9 | | State's Attorney files a written motion that a
proceeding be | 10 | | designated an extended jurisdiction juvenile prosecution, the
| 11 | | court shall commence a hearing within 30 days of the filing of | 12 | | the motion for
designation, unless good cause is shown by the | 13 | | prosecution or the minor as to
why the hearing could not be | 14 | | held within this time period. If the court finds
good cause has | 15 | | been demonstrated, then the hearing shall be held within 60 | 16 | | days
of the filing of the motion. The hearings shall be open to | 17 | | the public unless
the judge finds that the hearing should be | 18 | | closed for the protection of any
party, victim or witness. If | 19 | | the Juvenile Judge
assigned to hear and determine a motion to | 20 | | designate an extended jurisdiction
juvenile prosecution | 21 | | determines that there is probable cause to believe that
the | 22 | | allegations in the petition and motion are true the court | 23 | | shall grant the
motion for designation. Information used by | 24 | | the court in its findings or
stated in or offered in connection | 25 | | with this Section may be by way of proffer
based on reliable | 26 | | information offered by the State or the minor. All evidence
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| 1 | | shall be admissible if it is relevant and reliable regardless | 2 | | of whether it
would be admissible under the rules of evidence.
| 3 | | (3) Trial. A minor who is subject of an extended | 4 | | jurisdiction juvenile
prosecution has the right to trial by | 5 | | jury. Any trial under this Section shall
be open to the public.
| 6 | | (4) Sentencing. If an extended jurisdiction juvenile | 7 | | prosecution under
subsection (1)
results in a guilty plea, a | 8 | | verdict of guilty, or a finding of guilt,
the court shall | 9 | | impose the following:
| 10 | | (i) one or more juvenile sentences under Section | 11 | | 5-710; and
| 12 | | (ii) an adult criminal sentence in accordance with the | 13 | | provisions of
Section 5-4.5-105 of the Unified Code of | 14 | | Corrections, the execution of which shall be stayed on the | 15 | | condition that the
offender not violate the provisions of | 16 | | the juvenile sentence.
| 17 | | Any sentencing hearing under
this Section shall be open to the | 18 | | public.
| 19 | | (5) If, after an extended jurisdiction juvenile | 20 | | prosecution trial, a minor
is convicted of a lesser-included | 21 | | offense or of an offense that the State's
Attorney did not | 22 | | designate as an extended jurisdiction juvenile prosecution,
| 23 | | the State's Attorney may file a written motion, within 10 days | 24 | | of the finding
of guilt, that
the minor be sentenced as an | 25 | | extended jurisdiction juvenile prosecution
offender. The court | 26 | | shall rule on this motion using the factors found in
paragraph |
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| 1 | | (1)(b) of Section 5-805. If the court denies the State's | 2 | | Attorney's
motion for
sentencing under the extended | 3 | | jurisdiction juvenile prosecution provision, the
court shall | 4 | | proceed to sentence the minor under Section 5-710.
| 5 | | (6) When it appears that a minor convicted in an extended | 6 | | jurisdiction
juvenile prosecution under subsection (1) has | 7 | | violated the
conditions of his or her sentence, or is alleged | 8 | | to have committed a new
offense upon the filing of a petition | 9 | | to revoke the stay, the
court may, without notice, issue a | 10 | | warrant for the arrest of the minor.
After a hearing, if the | 11 | | court finds by a
preponderance of the evidence that the minor | 12 | | committed a new offense, the
court shall order execution of | 13 | | the previously
imposed adult criminal sentence.
After a | 14 | | hearing, if the court finds by a preponderance of the evidence
| 15 | | that the minor committed a violation of his or her sentence | 16 | | other than by a new
offense, the court may order execution of | 17 | | the previously imposed adult criminal
sentence or may continue | 18 | | him or her on the existing juvenile sentence with or
without | 19 | | modifying or enlarging the conditions.
Upon revocation of the | 20 | | stay of the adult criminal sentence
and imposition of
that | 21 | | sentence, the minor's extended jurisdiction juvenile status | 22 | | shall be
terminated.
The on-going jurisdiction over the | 23 | | minor's case shall be assumed by the adult
criminal court and | 24 | | juvenile court jurisdiction shall be terminated and a report
| 25 | | of
the imposition of the adult sentence shall be sent to the | 26 | | Department of State
Police.
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| 1 | | (7) Upon successful completion of the juvenile sentence | 2 | | the court shall
vacate the adult criminal sentence.
| 3 | | (8) Nothing in this Section precludes the State from | 4 | | filing a motion for
transfer under Section 5-805.
| 5 | | (Source: P.A. 99-258, eff. 1-1-16 .)
| 6 | | Section 10. The Unified Code of Corrections is amended by | 7 | | changing Section 5-4.5-105 as follows: | 8 | | (730 ILCS 5/5-4.5-105) | 9 | | Sec. 5-4.5-105. SENTENCING OF INDIVIDUALS UNDER THE AGE OF | 10 | | 18 AT THE TIME OF THE COMMISSION OF AN OFFENSE. | 11 | | (a) On or after the effective date of this amendatory Act | 12 | | of the 99th General Assembly, when a person commits an offense | 13 | | and the person is under 18 years of age at the time of the | 14 | | commission of the offense, the court, at the sentencing | 15 | | hearing conducted under Section 5-4-1, shall consider the | 16 | | following additional factors in mitigation in determining the | 17 | | appropriate sentence: | 18 | | (1) the person's age, impetuosity, and level of | 19 | | maturity at the time of the offense, including the ability | 20 | | to consider risks and consequences of behavior, and the | 21 | | presence of cognitive or developmental disability, or | 22 | | both, if any; | 23 | | (2) whether the person was subjected to outside | 24 | | pressure, including peer pressure, familial pressure, or |
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| 1 | | negative influences; | 2 | | (3) the person's family, home environment, educational | 3 | | and social background, including any history of parental | 4 | | neglect, domestic or sexual violence, sexual exploitation, | 5 | | physical abuse, or other childhood trauma including | 6 | | adverse childhood experiences (or ACEs) ; | 7 | | (4) the person's potential for rehabilitation or | 8 | | evidence of rehabilitation, or both; | 9 | | (5) the circumstances of the offense; | 10 | | (6) the person's degree of participation and specific | 11 | | role in the offense, including the level of planning by | 12 | | the defendant before the offense; | 13 | | (7) whether the person was able to meaningfully | 14 | | participate in his or her defense; | 15 | | (8) the person's prior juvenile or criminal history; | 16 | | and | 17 | | (9) the person's involvement in the child welfare | 18 | | system; | 19 | | (10) involvement of the person in the community; | 20 | | (11) if a comprehensive mental health evaluation of | 21 | | the person was conducted by a qualified mental health | 22 | | professional, the outcome of the evaluation; and | 23 | | 12 (9) any other information the court finds relevant | 24 | | and reliable, including an expression of remorse, if | 25 | | appropriate. However, if the person, on advice of counsel | 26 | | chooses not to make a statement, the court shall not |
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| 1 | | consider a lack of an expression of remorse as an | 2 | | aggravating factor. | 3 | | (b) The trial judge shall specify on the record its | 4 | | consideration of the factors under subsection (a) of this | 5 | | Section. | 6 | | (c) Notwithstanding any other provision of law, if the | 7 | | court determines by clear and convincing evidence that the | 8 | | individual against whom the person is convicted of committing | 9 | | the offense previously committed a crime under Section 10-9, | 10 | | Section 11-1.20, Section 11-1.30, Section 11-1.40, Section | 11 | | 11-1.50, Section 11-1.60, Section 11-6, Section 11-6.5, | 12 | | Section 11-6.6, Section 11-9.1, Section 11-14.3, Section | 13 | | 11-14.4 or Section 11-18.1 under Criminal Code of 2012 against | 14 | | the person within 3 years before the offense in which the | 15 | | person was convicted, the court may, in its discretion: | 16 | | (1) transfer the person to juvenile court for | 17 | | sentencing under Section 5-710 of the Juvenile Court Act | 18 | | of 1987; | 19 | | (2) depart from any mandatory minimum sentence, | 20 | | maximum sentence, or sentencing enhancement; or | 21 | | (3) suspend any portion of an otherwise applicable | 22 | | sentence. | 23 | | (d) Subsection (c) shall be construed as prioritizing the | 24 | | successful treatment and rehabilitation of persons under 18 | 25 | | years of age who are sex crime victims who commit acts of | 26 | | violence against their abusers. It is the General Assembly's |
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| 1 | | intent that these persons be viewed as victims and provided | 2 | | treatment and services in the community, juvenile or family | 3 | | court system. | 4 | | (e) (b) Except as provided in subsection (f) (c) , the | 5 | | court may sentence the defendant to any disposition authorized | 6 | | for the class of the offense of which he or she was found | 7 | | guilty as described in Article 4.5 of this Code, and may, in | 8 | | its discretion, decline to impose any otherwise applicable | 9 | | sentencing enhancement based upon firearm possession, | 10 | | possession with personal discharge, or possession with | 11 | | personal discharge that proximately causes great bodily harm, | 12 | | permanent disability, permanent disfigurement, or death to | 13 | | another person. | 14 | | (f) (c) Notwithstanding any other provision of law, if the | 15 | | defendant is convicted of first degree murder and would | 16 | | otherwise be subject to sentencing under clause (iii), (iv), | 17 | | (v), or (vii) of subparagraph (c) of paragraph (1) of | 18 | | subsection (a) of Section 5-8-1 of this Code based on the | 19 | | category of persons identified therein, the court shall impose | 20 | | a sentence of not less than 40 years of imprisonment , except | 21 | | for persons convicted of first degree murder where subsection | 22 | | (c) applies . In addition, the court may, in its discretion, | 23 | | decline to impose the sentencing enhancements based upon the | 24 | | possession or use of a firearm during the commission of the | 25 | | offense included in subsection (d) of Section 5-8-1.
| 26 | | (Source: P.A. 99-69, eff. 1-1-16; 99-258, eff. 1-1-16; 99-875, |
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| 1 | | eff. 1-1-17 .)
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