92nd General Assembly
Status of HB4129
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MCKEON-CURRIE-JOHNSON-JONES,LOU-BROSNAHAN, DELGADO, 
   FLOWERS, YARBROUGH, SOTO AND JONES,SHIRLEY.

(PETKA-RONEN-OBAMA-RADOGNO)

   705 ILCS 405/5-130                                                          

        Amends the Juvenile Court Act of 1987. Provides that a minor  who      
   is  subject  to  automatic  prosecution  as  an adult may be tried and      
   sentenced as a delinquent minor upon motion of a party  or  the  court      
   and  a hearing conducted by the court. The court must consider certain      
   factors and determine, based on a preponderance of the evidence,  that      
   the  minor  would  be  amenable  to  the care, treatment, and training      
   programs available through the facilities of the juvenile court  based      
   on  an  evaluation  of  the specified factors. Provides that if, after      
   hearing the evidence, the court finds that the minor has  no  previous      
   delinquent  or  criminal  history  and  the  minor  is charged with an      
   offense  relating  to  the  illegal  manufacture  or  delivery  of   a      
   controlled substance, there is a rebuttable presumption that the minor      
   is a fit and proper subject to be dealt with as a delinquent minor.         
          FISCAL NOTE (Illinois Courts Administrative Office)                  
          HB 4129 would have minimal impact on the judicial branch.            
          JUDICIAL NOTE (Illinois Courts Administrative Office)                
          HB 4129 would neither increase nor decrease the number of            
          judges needed in the State.                                          
        HOUSE AMENDMENT NO. 1.                                                 
        Deletes everything. Reinserts the provisions of the bill with the      
   following changes: (1) eliminates provisions requiring that a minor at      
   least 15 years of age be prosecuted and tried as an adult for               
   controlled  substance offenses committed on school grounds, school          
   buses, or public housing property; (2) provides that  at  the  hearing      
   requesting  that a minor who is otherwise required to be prosecuted as      
   an adult be  prosecuted  as  a  delinquent  minor,  any  material  and      
   relevant  evidence  is admissible; and (3) eliminates the factor to be      
   considered at  the  hearing  that  there  are  resources  particularly      
   available  to  the  Juvenile  Court  or the Department of Corrections,      
   Juvenile Division, for treatment and rehabilitation of the minor.           
          FISCAL NOTE, H-AM 2 (Illinois State Police)                          
          If House Bill 4129 (H-am 2), were to become law, there would         
          be no fiscal impact to the Illinois State Police.                    
          JUDICIAL NOTE, H-AM 2 (Illinois Courts Administrative Office)        
          This legislation would neither increase nor decrease the number      
          of judges needed in the State.                                       
        HOUSE AMENDMENT NO. 2.                                                 
        Deletes everything. Reinserts the provisions of the bill as            
   amended with the following changes: (1) limits the provisions permit-       
   ting a minor at least 15 years of age otherwise subject to adult            
   prosecution to be tried and sentenced as a delinquent minor only to         
   cases in which the minor committed controlled substance offenses on         
   school grounds, school buses, or public housing property; (2) restores      
   provisions of the law requiring adult criminal prosecution of a minor       
   at least 15 years of age who committed a controlled substance viola-        
   tion on school grounds, school buses, or public housing property and        
   who is not tried and sentenced as a delinquent minor; and (3) elimi-        
   nates the factor to be considered at the hearing that there are             
   resources particularly available to the Juvenile Court or the Depart-       
   ment of Corrections, Juvenile Division, for treatment and rehabilita-       
   tion of the minor.                                                          
        HOUSE AMENDMENT NO. 3.                                                 
        Deletes everything. Reinserts the provisions of the bill as            
   amended with the following changes: limits the provisions permitting        
   a minor at least 15 years of age otherwise subject to adult prosecu-        
   tion to be tried and sentenced as a delinquent minor only to cases in       
   which the minor committed controlled substance offenses on school           
   grounds, school buses, or public housing property other than a Class X      
   felony violation of the Illinois Controlled Substances Act.                 
   JAN-29-2002  H  FILED WITH CLERK                                               
   JAN-30-2002  H  FIRST READING                                                  
   JAN-30-2002  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   FEB-05-2002  H       ASSIGNED TO COMMITTEE               JUD-CRIMINAL          
   FEB-07-2002  H  ADDED AS A CO-SPONSOR                    JONES,LOU             
   FEB-14-2002  H                         FISCAL NOTE FILED                       
   FEB-14-2002  H                       JUDICIAL NOTE FILED                       
   FEB-14-2002  H                   COMMITTEE               JUD-CRIMINAL          
   FEB-15-2002  H                             AMENDMENT NO. 01-JUD-CRIMINAL  H    
   FEB-15-2002  H                                   ADOPTED                       
   FEB-15-2002  H  DO PASS AMENDED/SHORT DEBATE             009-003-000   HJUB    
   FEB-15-2002  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   FEB-22-2002  H  ADDED AS A JOINT SPONSOR                 JOHNSON               
   FEB-22-2002  H  ADDED AS A JOINT SPONSOR                 JONES,LOU             
   FEB-22-2002  H  ADDED AS A JOINT SPONSOR                 BROSNAHAN             
   FEB-22-2002  H  ADDED AS A JOINT SPONSOR                 DELGADO               
   FEB-22-2002  H  ADDED AS A CO-SPONSOR                    DAVIS,MONIQUE         
   FEB-22-2002  H  ADDED AS A CO-SPONSOR                    FLOWERS               
   MAR-12-2002  H                             AMENDMENT NO. 02-CURRIE             
   MAR-12-2002  H                     AMENDMENT REFERRED TO HRUL                  
   MAR-12-2002  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   MAR-22-2002  H  PRIMARY SPONSOR CHANGED TO               MCKEON                
   MAR-22-2002  H  JOINT-SPONSOR CHANGED TO                 CURRIE                
   MAR-22-2002  H  ADDED AS A CO-SPONSOR                    DELGADO               
   MAR-22-2002  H  SECOND READING-SHORT DEBATE                                    
   MAR-22-2002  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   APR-01-2002  H  FISCAL NOTE FILED AS AMENDED             BY HOUSE AMEND #2     
   APR-01-2002  H  JUDICIAL NOTE FILED AS AMENDED           BY HOUSE AMEND #2     
   APR-01-2002  H                             AMENDMENT NO. 02-CURRIE             
   APR-01-2002  H                           RULES REFERS TO HJUB                  
   APR-01-2002  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   APR-02-2002  H                             AMENDMENT NO. 02-CURRIE             
   APR-02-2002  H  RECOMMENDS BE ADOPTED                    HJUB/009-001-000      
   APR-02-2002  H                             AMENDMENT NO. 02-CURRIE             
   APR-02-2002  H                                   ADOPTED                       
   APR-02-2002  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   APR-02-2002  H  ADDED AS A CO-SPONSOR                    YARBROUGH             
   APR-02-2002  H  ADDED AS A CO-SPONSOR                    SOTO                  
   APR-03-2002  H  RECALLED TO SECOND READING-SHORT DEBATE                        
   APR-03-2002  H                             AMENDMENT NO. 03-MCKEON             
   APR-03-2002  H                     AMENDMENT REFERRED TO HRUL                  
   APR-03-2002  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   APR-04-2002  H                             AMENDMENT NO. 03-MCKEON             
   APR-04-2002  H  RECOMMENDS BE ADOPTED                    HRUL/005-000-000      
   APR-04-2002  H                             AMENDMENT NO. 03-MCKEON             
   APR-04-2002  H                                   ADOPTED                       
   APR-04-2002  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   APR-04-2002  H  ADDED AS A CO-SPONSOR                    JONES,SHIRLEY         
   APR-05-2002  H  THIRD READING/SHORT DEBATE/PASSED        065-046-001           
   APR-09-2002  S  ARRIVE IN SENATE                                               
   APR-09-2002  S  PLACED CALENDAR ORDER OF FIRST READING   02-04-10              
   APR-09-2002  S  CHIEF SPONSOR                            RONEN                 
   APR-09-2002  S  FIRST READING                                                  
   APR-09-2002  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   APR-11-2002  S  ALTERNATE CHIEF SPONSOR CHANGED TO       PETKA                 
   APR-11-2002  S  CHIEF CO-SPONSOR CHANGED TO              RONEN                 
   APR-12-2002  S  ADDED AS A CO-SPONSOR                    LIGHTFORD             
   APR-17-2002  S       ASSIGNED TO COMMITTEE               JUDICIARY             
   APR-18-2002  S  ADDED AS A CHIEF CO-SPONSOR              OBAMA                 
   APR-24-2002  S       DO PASS                             008-001-000   SJUD    
   APR-24-2002  S  PLACED ON CALENDAR ORDER OF 2ND READING  02-04-25              
   APR-25-2002  S  SECOND READING                                                 
   APR-25-2002  S  PLACED ON CALENDAR ORDER OF 3RD READING  02-05-06              
   MAY-08-2002  S  ADDED AS A CHIEF CO-SPONSOR              RADOGNO               
   MAY-08-2002  S  THIRD READING - PASSED                   043-011-001           
   MAY-08-2002  H  PASSED BOTH HOUSES                                             
   JUN-06-2002  H  SENT TO THE GOVERNOR                                           
   JUL-16-2002  H  GOVERNOR APPROVED                                              
   JUL-16-2002  H                            EFFECTIVE DATE 03-01-01              
   JUL-16-2002  H  PUBLIC ACT.............................. 92-0665               

   END OF INQUIRY 



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