State of Illinois
92nd General Assembly
Legislation

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92_HB4129

 
                                               LRB9213222RCcd

 1        AN ACT in relation to minors

 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) (a)  The definition of delinquent minor under Section
 9    5-120 of this Article shall not apply to any minor who at the
10    time of an offense was at least 15 years of age  and  who  is
11    charged  with first degree murder, aggravated criminal sexual
12    assault, aggravated battery with a  firearm  committed  in  a
13    school,  on  the  real  property  comprising a school, within
14    1,000 feet of the real property comprising  a  school,  at  a
15    school  related  activity, or on, boarding, or departing from
16    any conveyance owned, leased, or contracted by  a  school  or
17    school  district to transport students to or from school or a
18    school related activity regardless of the time of day or time
19    of year that the offense was committed,  armed  robbery  when
20    the armed robbery was committed with a firearm, or aggravated
21    vehicular  hijacking  when the hijacking was committed with a
22    firearm.
23        These charges and all other charges arising  out  of  the
24    same  incident shall be prosecuted under the criminal laws of
25    this State.
26        For purposes of this paragraph (a) of subsection (l):
27        "School"  means  a  public  or  private   elementary   or
28    secondary school, community college, college, or university.
29        "School  related  activity"  means  any sporting, social,
30    academic or other activity for which students' attendance  or
31    participation  is sponsored, organized, or funded in whole or
 
                            -2-                LRB9213222RCcd
 1    in part by a school or school district.
 2        (b) (i)  If  before  trial  or  plea  an  information  or
 3    indictment is filed that does not charge an offense specified
 4    in paragraph (a) of this subsection (1) the State's  Attorney
 5    may  proceed  on  any  lesser  charge or charges, but only in
 6    Juvenile Court under the provisions  of  this  Article.   The
 7    State's  Attorney may proceed under the Criminal Code of 1961
 8    on a lesser  charge  if  before  trial  the  minor  defendant
 9    knowingly  and with advice of counsel waives, in writing, his
10    or her right to have the matter proceed in Juvenile Court.
11        (ii)  If  before  trial  or  plea   an   information   or
12    indictment  is  filed  that  includes  one  or  more  charges
13    specified  in  paragraph  (a)  of  this  subsection  (1)  and
14    additional  charges that are not specified in that paragraph,
15    all of the charges arising out of the same incident shall  be
16    prosecuted under the Criminal Code of 1961.
17        (c) (i)  If after trial or plea the minor is convicted of
18    any  offense covered by paragraph (a) of this subsection (1),
19    then, in sentencing the minor, the court shall have available
20    any or all dispositions prescribed  for  that  offense  under
21    Chapter V of the Unified Code of Corrections.
22        (ii)  If  after  trial  or  plea the court finds that the
23    minor committed an offense not covered by  paragraph  (a)  of
24    this  subsection  (1),  that finding shall not invalidate the
25    verdict or the prosecution of the minor  under  the  criminal
26    laws  of  the  State;   however,  unless the State requests a
27    hearing for the purpose of sentencing the minor under Chapter
28    V of the Unified Code of Corrections, the Court must  proceed
29    under Sections 5-705 and 5-710 of this Article.  To request a
30    hearing,  the State must file a written motion within 10 days
31    following the entry of a finding or the return of a  verdict.
32    Reasonable  notice  of the motion shall be given to the minor
33    or his or her counsel. If the motion is made  by  the  State,
34    the  court  shall conduct a hearing to determine if the minor
 
                            -3-                LRB9213222RCcd
 1    should be sentenced under Chapter V of the  Unified  Code  of
 2    Corrections.   In  making  its determination, the court shall
 3    consider among other matters: (a) whether there  is  evidence
 4    that   the   offense  was  committed  in  an  aggressive  and
 5    premeditated manner; (b)  the  age  of  the  minor;  (c)  the
 6    previous   history  of  the  minor;  (d)  whether  there  are
 7    facilities particularly available to the  Juvenile  Court  or
 8    the  Department  of  Corrections,  Juvenile Division, for the
 9    treatment and rehabilitation of the minor;  (e)  whether  the
10    security of the public requires sentencing under Chapter V of
11    the  Unified  Code  of Corrections; and (f) whether the minor
12    possessed a deadly weapon when committing the  offense.   The
13    rules of evidence shall be the same as if at trial.  If after
14    the  hearing  the  court  finds  that  the  minor  should  be
15    sentenced under Chapter V of the Unified Code of Corrections,
16    then  the  court  shall sentence the minor accordingly having
17    available to it any or all dispositions so prescribed.
18        (2) (a)  The  definition  of  a  delinquent  minor  under
19    Section 5-120 of this Article shall not apply  to  any  minor
20    who  at  the time of the offense was at least 15 years of age
21    and who is charged with an offense under Section 401  of  the
22    Illinois  Controlled  Substances  Act,  while  in  a  school,
23    regardless  of  the  time  of day or the time of year, or any
24    conveyance  owned,  leased  or  contracted  by  a  school  to
25    transport students to or from  school  or  a  school  related
26    activity,  or residential property owned, operated or managed
27    by a public housing agency or  leased  by  a  public  housing
28    agency   as   part   of  a  scattered  site  or  mixed-income
29    development, on the  real  property  comprising  any  school,
30    regardless  of  the  time  of  day  or  the  time of year, or
31    residential property owned, operated or managed by  a  public
32    housing  agency  or leased by a public housing agency as part
33    of a scattered site or  mixed-income  development,  or  on  a
34    public  way within 1,000 feet of the real property comprising
 
                            -4-                LRB9213222RCcd
 1    any school, regardless of the time of  day  or  the  time  of
 2    year, or residential property owned, operated or managed by a
 3    public housing agency or leased by a public housing agency as
 4    part of a scattered site or mixed-income development.  School
 5    is  defined,  for the purposes of this Section, as any public
 6    or private elementary or secondary school, community college,
 7    college, or university.  These charges and all other  charges
 8    arising  out  of  the same incident shall be prosecuted under
 9    the criminal laws of this State.
10        (b) (i)  If  before  trial  or  plea  an  information  or
11    indictment is filed that does not charge an offense specified
12    in paragraph (a) of this subsection (2) the State's  Attorney
13    may  proceed  on  any  lesser  charge or charges, but only in
14    Juvenile Court under the provisions  of  this  Article.   The
15    State's  Attorney may proceed under the criminal laws of this
16    State on a lesser charge if before trial the minor  defendant
17    knowingly  and with advice of counsel waives, in writing, his
18    or her right to have the matter proceed in Juvenile Court.
19        (ii)  If  before  trial  or  plea   an   information   or
20    indictment  is  filed  that  includes  one  or  more  charges
21    specified  in  paragraph  (a)  of  this  subsection  (2)  and
22    additional  charges that are not specified in that paragraph,
23    all of the charges arising out of the same incident shall  be
24    prosecuted under the criminal laws of this State.
25        (c) (i)  If after trial or plea the minor is convicted of
26    any  offense covered by paragraph (a) of this subsection (2),
27    then, in sentencing the minor, the court shall have available
28    any or all dispositions prescribed  for  that  offense  under
29    Chapter V of the Unified Code of Corrections.
30        (ii)  If  after  trial  or  plea the court finds that the
31    minor committed an offense not covered by  paragraph  (a)  of
32    this  subsection  (2),  that finding shall not invalidate the
33    verdict or the prosecution of the minor  under  the  criminal
34    laws  of  the  State;   however,  unless the State requests a
 
                            -5-                LRB9213222RCcd
 1    hearing for the purpose of sentencing the minor under Chapter
 2    V of the Unified Code of Corrections, the Court must  proceed
 3    under Sections 5-705 and 5-710 of this Article.  To request a
 4    hearing,  the State must file a written motion within 10 days
 5    following the entry of a finding or the return of a  verdict.
 6    Reasonable  notice  of the motion shall be given to the minor
 7    or his or her counsel.  If the motion is made by  the  State,
 8    the  court  shall conduct a hearing to determine if the minor
 9    should be sentenced under Chapter V of the  Unified  Code  of
10    Corrections.   In  making  its determination, the court shall
11    consider among other matters: (a) whether there  is  evidence
12    that   the   offense  was  committed  in  an  aggressive  and
13    premeditated manner; (b)  the  age  of  the  minor;  (c)  the
14    previous   history  of  the  minor;  (d)  whether  there  are
15    facilities particularly available to the  Juvenile  Court  or
16    the  Department  of  Corrections,  Juvenile Division, for the
17    treatment and rehabilitation of the minor;  (e)  whether  the
18    security of the public requires sentencing under Chapter V of
19    the  Unified  Code  of Corrections; and (f) whether the minor
20    possessed a deadly weapon when committing the  offense.   The
21    rules of evidence shall be the same as if at trial.  If after
22    the  hearing  the  court  finds  that  the  minor  should  be
23    sentenced under Chapter V of the Unified Code of Corrections,
24    then  the  court  shall sentence the minor accordingly having
25    available to it any or all dispositions so prescribed.
26        (3) (a)  The definition of delinquent minor under Section
27    5-120 of this Article shall not apply to any minor who at the
28    time of the offense was at least 15 years of age and  who  is
29    charged  with a violation of the provisions of paragraph (1),
30    (3), (4), or (10) of subsection (a) of Section  24-1  of  the
31    Criminal Code of 1961 while in school, regardless of the time
32    of  day  or  the  time  of  year,  or  on  the  real property
33    comprising any school, regardless of the time of day  or  the
34    time  of  year.   School  is  defined,  for  purposes of this
 
                            -6-                LRB9213222RCcd
 1    Section as any public  or  private  elementary  or  secondary
 2    school,  community  college,  college,  or university.  These
 3    charges and  all  other  charges  arising  out  of  the  same
 4    incident  shall be prosecuted under the criminal laws of this
 5    State.
 6        (b) (i)  If  before  trial  or  plea  an  information  or
 7    indictment is filed that does not charge an offense specified
 8    in paragraph (a) of this subsection (3) the State's  Attorney
 9    may  proceed  on  any  lesser  charge or charges, but only in
10    Juvenile Court under the provisions  of  this  Article.   The
11    State's  Attorney may proceed under the criminal laws of this
12    State on a lesser charge if before trial the minor  defendant
13    knowingly  and with advice of counsel waives, in writing, his
14    or her right to have the matter proceed in Juvenile Court.
15        (ii)  If  before  trial  or  plea   an   information   or
16    indictment  is  filed  that  includes  one  or  more  charges
17    specified  in  paragraph  (a)  of  this  subsection  (3)  and
18    additional  charges that are not specified in that paragraph,
19    all of the charges arising out of the same incident shall  be
20    prosecuted under the criminal laws of this State.
21        (c) (i)  If after trial or plea the minor is convicted of
22    any  offense covered by paragraph (a) of this subsection (3),
23    then, in sentencing the minor, the court shall have available
24    any or all dispositions prescribed  for  that  offense  under
25    Chapter V of the Unified Code of Corrections.
26        (ii)  If  after  trial  or  plea the court finds that the
27    minor committed an offense not covered by  paragraph  (a)  of
28    this  subsection  (3),  that finding shall not invalidate the
29    verdict or the prosecution of the minor  under  the  criminal
30    laws  of  the  State;   however,  unless the State requests a
31    hearing for the purpose of sentencing the minor under Chapter
32    V of the Unified Code of Corrections, the Court must  proceed
33    under Sections 5-705 and 5-710 of this Article.  To request a
34    hearing,  the State must file a written motion within 10 days
 
                            -7-                LRB9213222RCcd
 1    following the entry of a finding or the return of a  verdict.
 2    Reasonable  notice  of the motion shall be given to the minor
 3    or his or her counsel.  If the motion is made by  the  State,
 4    the  court  shall conduct a hearing to determine if the minor
 5    should be sentenced under Chapter V of the  Unified  Code  of
 6    Corrections.   In  making  its determination, the court shall
 7    consider among other matters: (a) whether there  is  evidence
 8    that   the   offense  was  committed  in  an  aggressive  and
 9    premeditated manner; (b)  the  age  of  the  minor;  (c)  the
10    previous   history  of  the  minor;  (d)  whether  there  are
11    facilities particularly available to the  Juvenile  Court  or
12    the  Department  of  Corrections,  Juvenile Division, for the
13    treatment and rehabilitation of the minor;  (e)  whether  the
14    security of the public requires sentencing under Chapter V of
15    the  Unified  Code  of Corrections; and (f) whether the minor
16    possessed a deadly weapon when committing the  offense.   The
17    rules of evidence shall be the same as if at trial.  If after
18    the  hearing  the  court  finds  that  the  minor  should  be
19    sentenced under Chapter V of the Unified Code of Corrections,
20    then  the  court  shall sentence the minor accordingly having
21    available to it any or all dispositions so prescribed.
22        (4) (a)  The definition of delinquent minor under Section
23    5-120 of this Article shall not apply to any minor who at the
24    time of an offense was at least 13 years of age  and  who  is
25    charged  with first degree murder committed during the course
26    of either aggravated criminal sexual assault, criminal sexual
27    assault, or aggravated kidnaping.  However,  this  subsection
28    (4) does not include a minor charged with first degree murder
29    based  exclusively  upon the accountability provisions of the
30    Criminal Code of 1961.
31        (b) (i)  If  before  trial  or  plea  an  information  or
32    indictment is filed that does not charge first degree  murder
33    committed  during  the  course  of aggravated criminal sexual
34    assault, criminal sexual assault,  or  aggravated  kidnaping,
 
                            -8-                LRB9213222RCcd
 1    the  State's  Attorney  may  proceed  on any lesser charge or
 2    charges, but only in Juvenile Court under the  provisions  of
 3    this  Article.   The  State's  Attorney may proceed under the
 4    criminal laws of this State on  a  lesser  charge  if  before
 5    trial  the  minor  defendant  knowingly  and  with  advice of
 6    counsel waives, in writing, his or  her  right  to  have  the
 7    matter proceed in Juvenile Court.
 8        (ii)  If   before   trial   or  plea  an  information  or
 9    indictment  is  filed  that  includes  first  degree   murder
10    committed  during  the  course  of aggravated criminal sexual
11    assault, criminal sexual assault,  or  aggravated  kidnaping,
12    and  additional  charges  that are not specified in paragraph
13    (a) of this subsection, all of the charges arising out of the
14    same incident shall be prosecuted under the criminal laws  of
15    this State.
16        (c) (i)  If after trial or plea the minor is convicted of
17    first degree murder committed during the course of aggravated
18    criminal   sexual   assault,   criminal  sexual  assault,  or
19    aggravated kidnaping, in  sentencing  the  minor,  the  court
20    shall  have  available any or all dispositions prescribed for
21    that  offense  under  Chapter  V   of  the  Unified  Code  of
22    Corrections.
23        (ii)  If the minor was not yet 15 years  of  age  at  the
24    time  of  the  offense,  and if after trial or plea the court
25    finds that the minor committed an offense  other  than  first
26    degree   murder   committed   during  the  course  of  either
27    aggravated criminal sexual assault, criminal sexual  assault,
28    or  aggravated  kidnapping,  the finding shall not invalidate
29    the verdict  or  the  prosecution  of  the  minor  under  the
30    criminal  laws  of  the  State;  however,  unless  the  State
31    requests  a  hearing  for the purpose of sentencing the minor
32    under Chapter V of the Unified Code of Corrections, the Court
33    must proceed under Sections 5-705 and 5-710 of this  Article.
34    To  request  a  hearing, the State must file a written motion
 
                            -9-                LRB9213222RCcd
 1    within 10 days following the entry of a finding or the return
 2    of a verdict.  Reasonable notice of the motion shall be given
 3    to the minor or his or her counsel.  If the motion is made by
 4    the State, the court shall conduct  a  hearing  to  determine
 5    whether  the minor should be sentenced under Chapter V of the
 6    Unified Code of Corrections.  In  making  its  determination,
 7    the  court  shall  consider among other matters:  (a) whether
 8    there is evidence  that  the  offense  was  committed  in  an
 9    aggressive  and  premeditated  manner;   (b)  the  age of the
10    minor;  (c) the previous delinquent  history  of  the  minor;
11    (d)  whether  there  are facilities particularly available to
12    the Juvenile Court or the Department of Corrections, Juvenile
13    Division, for the treatment and rehabilitation of the  minor;
14    (e)  whether  the best interest of the minor and the security
15    of the public require  sentencing  under  Chapter  V  of  the
16    Unified  Code  of  Corrections;   and  (f)  whether the minor
17    possessed a deadly weapon when committing the  offense.   The
18    rules of evidence shall be the same as if at trial.  If after
19    the  hearing  the  court  finds  that  the  minor  should  be
20    sentenced under Chapter V of the Unified Code of Corrections,
21    then  the  court  shall sentence the minor accordingly having
22    available to it any or all dispositions so prescribed.
23        (5) (a)  The definition of delinquent minor under Section
24    5-120 of this Article shall not apply to  any  minor  who  is
25    charged with a violation of subsection (a) of Section 31-6 or
26    Section  32-10 of the Criminal Code of 1961 when the minor is
27    subject to prosecution under the criminal laws of this  State
28    as  a  result of the application of the provisions of Section
29    5-125, or subsection (1)  or  (2)  of  this  Section.   These
30    charges  and  all  other  charges  arising  out  of  the same
31    incident shall be prosecuted under the criminal laws of  this
32    State.
33        (b) (i)  If  before  trial  or  plea  an  information  or
34    indictment is filed that does not charge an offense specified
 
                            -10-               LRB9213222RCcd
 1    in paragraph (a) of this subsection (5), the State's Attorney
 2    may  proceed  on  any  lesser  charge or charges, but only in
 3    Juvenile Court under the provisions  of  this  Article.   The
 4    State's  Attorney may proceed under the criminal laws of this
 5    State on a lesser charge if before trial the minor  defendant
 6    knowingly  and with advice of counsel waives, in writing, his
 7    or her right to have the matter proceed in Juvenile Court.
 8        (ii)  If  before  trial  or  plea   an   information   or
 9    indictment  is  filed  that  includes  one  or  more  charges
10    specified  in  paragraph  (a)  of  this  subsection  (5)  and
11    additional  charges that are not specified in that paragraph,
12    all of the charges arising out of the same incident shall  be
13    prosecuted under the criminal laws of this State.
14        (c) (i)  If after trial or plea the minor is convicted of
15    any  offense covered by paragraph (a) of this subsection (5),
16    then, in sentencing the minor, the court shall have available
17    any or all dispositions prescribed  for  that  offense  under
18    Chapter V  of the Unified Code of Corrections.
19        (ii)  If  after  trial  or  plea the court finds that the
20    minor committed an offense not covered by  paragraph  (a)  of
21    this  subsection (5), the conviction shall not invalidate the
22    verdict or the prosecution of the minor  under  the  criminal
23    laws  of  this  State;   however, unless the State requests a
24    hearing for the purpose of sentencing the minor under Chapter
25    V of the Unified Code of Corrections, the Court must  proceed
26    under  Sections 5-705 and 5-710 of this Article. To request a
27    hearing, the State must file a written motion within 10  days
28    following  the entry of a finding or the return of a verdict.
29    Reasonable notice of the motion shall be given to  the  minor
30    or  his  or her counsel.  If the motion is made by the State,
31    the court shall conduct a hearing to determine if whether the
32    minor should be sentenced under Chapter V of the Unified Code
33    of Corrections.  In making its determination, the court shall
34    consider among other matters: (a) whether there  is  evidence
 
                            -11-               LRB9213222RCcd
 1    that   the   offense  was  committed  in  an  aggressive  and
 2    premeditated manner; (b) the  age  of  the  minor;   (c)  the
 3    previous  delinquent  history of the minor; (d) whether there
 4    are facilities particularly available to the  Juvenile  Court
 5    or  the Department of Corrections, Juvenile Division, for the
 6    treatment and rehabilitation of the minor;  (e)  whether  the
 7    security of the public requires sentencing under Chapter V of
 8    the  Unified  Code  of Corrections; and (f) whether the minor
 9    possessed a deadly weapon when committing the  offense.   The
10    rules of evidence shall be the same as if at trial.  If after
11    the  hearing  the  court  finds  that  the  minor  should  be
12    sentenced under Chapter V of the Unified Code of Corrections,
13    then  the  court  shall sentence the minor accordingly having
14    available to it any or all dispositions so prescribed.
15        (6)  The definition of  delinquent  minor  under  Section
16    5-120  of  this  Article  shall  not  apply to any minor who,
17    pursuant to subsection (1), (2), or (3) or Section 5-805,  or
18    5-810,  has  previously been placed under the jurisdiction of
19    the criminal court and has been convicted of a crime under an
20    adult criminal or  penal  statute.  Such  a  minor  shall  be
21    subject to prosecution under the criminal laws of this State.
22        (7)  The  procedures  set  out  in  this  Article for the
23    investigation, arrest and prosecution of  juvenile  offenders
24    shall  not apply to minors who are excluded from jurisdiction
25    of the Juvenile Court, except that minors under 17  years  of
26    age shall be kept separate from confined adults.
27        (8)  Nothing   in   this  Act  prohibits  or  limits  the
28    prosecution of any minor for an offense committed on or after
29    his or her 17th birthday even though he or she is at the time
30    of the offense a ward of the court.
31        (9)  If an original petition for adjudication of wardship
32    alleges the commission by a minor 13 years of age or over  of
33    an act that constitutes a crime under the laws of this State,
34    the  minor,  with  the consent of his or her counsel, may, at
 
                            -12-               LRB9213222RCcd
 1    any time before commencement  of  the  adjudicatory  hearing,
 2    file  with  the  court  a motion that criminal prosecution be
 3    ordered and that the petition be dismissed insofar as the act
 4    or acts involved in the criminal proceedings  are  concerned.
 5    If such a motion is filed as herein provided, the court shall
 6    enter its order accordingly.
 7        (10)  Before  trial, any party including the minor or the
 8    court sua sponte may move for a hearing for  the  purpose  of
 9    trying  and  sentencing  the  minor as a delinquent minor. To
10    request a hearing, the party must  file  a  motion  prior  to
11    trial.  Reasonable notice of the motion shall be given to all
12    parties. On its own motion or upon the filing of a motion  by
13    one  of  the  parties  including  the  minor, the court shall
14    conduct a hearing to determine whether the  minor  should  be
15    tried and sentenced as a delinquent minor under this Article.
16    In  making  its determination, the court shall consider among
17    other matters:
18        (a)  The age of the minor;
19        (b)  Any previous delinquent or criminal history  of  the
20    minor;
21        (c)  Any previous abuse or neglect history of the minor;
22        (d)  Any  mental  health  or  educational  history of the
23    minor, or both;
24        (e)  Whether there  is  probable  cause  to  support  the
25    charge,  whether the minor is charged through accountability,
26    and whether there is evidence the minor  possessed  a  deadly
27    weapon or caused serious bodily harm during the offense;
28        (f)  Whether  there  are resources particularly available
29    to the Juvenile  Court  or  the  Department  of  Corrections,
30    Juvenile Division for the treatment and rehabilitation of the
31    minor.
32        The  rules  of evidence shall be the same as if at trial.
33    If after hearing the evidence the court finds that the  minor
34    has  no previous delinquent or criminal history and the minor
 
                            -13-               LRB9213222RCcd
 1    is charged with an offense under Section 401 of the  Illinois
 2    Controlled  Substances Act, there is a rebuttable presumption
 3    that the minor is a fit and proper subject to be  dealt  with
 4    as a delinquent minor under this Article. In all other cases,
 5    the  judge  shall enter an order permitting prosecution under
 6    the criminal laws  of  Illinois  unless  the  judge  makes  a
 7    finding  based  on  a  preponderance of the evidence that the
 8    minor would be amenable to the care, treatment, and  training
 9    programs  available  through  the  facilities of the juvenile
10    court based on an evaluation of the factors  listed  in  this
11    subsection (10).
12    (Source:  P.A.  91-15,  eff.  1-1-00;  91-673, eff. 12-22-99;
13    92-16, eff. 6-28-01.)

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