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Public Act 099-0258 | ||||
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
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Section 5. The Juvenile Court Act of 1987 is amended by | ||||
changing Sections 5-130, 5-407, 5-805, and 5-810 and by adding | ||||
Section 5-822 as follows:
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(705 ILCS 405/5-130)
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Sec. 5-130. Excluded jurisdiction.
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(1)(a) The definition of delinquent minor under Section | ||||
5-120 of this
Article shall not apply to any minor who at the | ||||
time of an offense was at
least 16 15 years of age and who is | ||||
charged with: (i) first degree murder, (ii) aggravated
criminal | ||||
sexual assault, or (iii) aggravated battery with a firearm as | ||||
described in Section 12-4.2 or subdivision (e)(1), (e)(2), | ||||
(e)(3), or (e)(4) of Section 12-3.05
where the minor personally | ||||
discharged a firearm as defined in Section 2-15.5 of the | ||||
Criminal Code of 1961 or the Criminal Code of 2012 , (iv) armed | ||||
robbery when the
armed robbery was committed with a firearm, or | ||||
(v)
aggravated vehicular hijacking
when the hijacking was | ||||
committed with a firearm .
| ||||
These charges and all other charges arising out of the same | ||||
incident shall
be prosecuted under the criminal laws of this | ||||
State.
|
(b)(i) If before trial or plea an information or indictment | ||
is filed that
does not charge an offense specified in paragraph | ||
(a) of this subsection
(1) the State's Attorney may proceed on | ||
any lesser charge or charges, but
only in Juvenile Court under | ||
the provisions of this Article. The State's
Attorney may | ||
proceed on a lesser charge if
before trial the minor defendant | ||
knowingly and with advice of counsel waives,
in writing, his or | ||
her right to have the matter proceed in Juvenile Court.
| ||
(ii) If before trial or plea an information or indictment | ||
is filed that
includes one or more charges specified in | ||
paragraph (a) of this subsection
(1) and
additional charges | ||
that are not specified in that paragraph, all of the charges
| ||
arising out of the same incident shall be prosecuted under the | ||
Criminal Code of
1961 or the Criminal Code of 2012.
| ||
(c)(i) If after trial or plea the minor is convicted of any | ||
offense
covered by paragraph (a) of this subsection (1), then, | ||
in sentencing the minor,
the court shall sentence the minor | ||
under Section 5-4.5-105 of the Unified Code of Corrections have | ||
available any or all dispositions prescribed for that
offense | ||
under Chapter V of the Unified Code of Corrections .
| ||
(ii) If after trial or plea the court finds that the minor | ||
committed an
offense not covered by paragraph (a) of this | ||
subsection (1), that finding shall
not invalidate the verdict | ||
or the prosecution of the minor under the criminal
laws of the | ||
State; however, unless the State requests a hearing for the
| ||
purpose of sentencing the minor under Chapter V of the Unified |
Code of
Corrections, the Court must proceed under Sections | ||
5-705 and 5-710 of this
Article. To request a hearing, the | ||
State must file a written motion within 10
days following the | ||
entry of a finding or the return of a verdict. Reasonable
| ||
notice of the motion shall be given to the minor or his or her | ||
counsel.
If the motion is made by the State, the court shall | ||
conduct a hearing to
determine if the minor should be sentenced | ||
under Chapter V of the Unified Code
of Corrections. In making | ||
its determination, the court shall consider among
other | ||
matters: (a) whether there is
evidence that the offense was | ||
committed in an aggressive and premeditated
manner; (b) the age | ||
of the minor; (c) the previous history of the
minor; (d) | ||
whether there are facilities particularly available to the | ||
Juvenile
Court or the Department of Juvenile Justice for the | ||
treatment
and rehabilitation of the minor; (e) whether
the | ||
security of the public requires sentencing under Chapter V of | ||
the
Unified Code of Corrections; and (f) whether the minor | ||
possessed a deadly
weapon when committing the offense. The | ||
rules of evidence shall be the same as
if at trial. If after | ||
the hearing the court finds that the minor should be
sentenced | ||
under Chapter V of the Unified Code of Corrections, then the | ||
court
shall sentence the minor under Section 5-4.5-105 of the | ||
Unified Code of Corrections accordingly having available to it | ||
any or all
dispositions so prescribed .
| ||
(2) (Blank).
| ||
(3) (Blank). (a) The definition of delinquent minor under |
Section
5-120 of this
Article shall not apply to any minor who | ||
at the time of the offense was at
least 15 years of age and who | ||
is charged with a violation of the provisions of
paragraph (1), | ||
(3), (4), or (10) of subsection (a) of Section 24-1 of the
| ||
Criminal Code of 1961 or the Criminal Code of 2012 while in | ||
school, regardless of the time of day or the
time of year, or | ||
on the real property comprising any school, regardless of the
| ||
time of day or the time of year. School is defined, for | ||
purposes of this
Section as any public or private elementary or | ||
secondary school, community
college, college, or university. | ||
These charges and all other charges arising
out of the same | ||
incident shall be prosecuted under the criminal laws of this
| ||
State.
| ||
(b)(i) If before trial or plea an information or indictment | ||
is filed that
does not charge an offense specified in paragraph | ||
(a) of this subsection (3)
the State's Attorney may proceed on | ||
any lesser charge or charges, but only in
Juvenile Court under | ||
the provisions of this Article. The State's Attorney may
| ||
proceed under the criminal laws of this State on a lesser | ||
charge if before
trial the minor defendant knowingly and with | ||
advice of counsel waives, in
writing, his or her right to have | ||
the matter proceed in Juvenile Court.
| ||
(ii) If before trial or plea an information or indictment | ||
is filed that
includes one or more charges specified in | ||
paragraph (a) of this subsection (3)
and additional charges | ||
that are not specified in that paragraph, all of the
charges |
arising out of the same incident shall be prosecuted under the | ||
criminal
laws of this State.
| ||
(c)(i) If after trial or plea the minor is convicted of any | ||
offense
covered by paragraph (a) of this subsection (3), then, | ||
in sentencing the minor,
the court shall have available any or | ||
all dispositions prescribed for that
offense under Chapter V of | ||
the Unified Code of Corrections.
| ||
(ii) If after trial or plea the court finds that the minor | ||
committed an
offense not covered by paragraph (a) of this | ||
subsection (3), that finding shall
not invalidate the verdict | ||
or the prosecution of the minor under the criminal
laws of the | ||
State; however, unless the State requests a hearing for the
| ||
purpose of sentencing the minor under Chapter V of the Unified | ||
Code of
Corrections, the Court must proceed under Sections | ||
5-705 and 5-710 of this
Article. To request a hearing, the | ||
State must file a written motion within 10
days following the | ||
entry of a finding or the return of a verdict. Reasonable
| ||
notice of the motion shall be given to the minor or his or her | ||
counsel. If the
motion is made by the State, the court shall | ||
conduct a hearing to determine if
the minor should be sentenced | ||
under Chapter V of the Unified Code of
Corrections. In making | ||
its determination, the court shall consider
among other | ||
matters: (a) whether there is
evidence that the offense was | ||
committed in an aggressive and premeditated
manner; (b) the age | ||
of the minor; (c) the previous history of the
minor; (d) | ||
whether there are facilities particularly available to the |
Juvenile
Court or the Department of Juvenile Justice for the | ||
treatment
and rehabilitation of the minor; (e) whether
the | ||
security of the public requires sentencing under Chapter V of | ||
the
Unified Code of Corrections; and (f) whether the minor | ||
possessed a deadly
weapon when committing the offense. The | ||
rules of evidence shall be the same as
if at trial. If after | ||
the hearing the court finds that the minor should be
sentenced | ||
under Chapter V of the Unified Code of Corrections, then the | ||
court
shall sentence the minor accordingly having available to | ||
it any or all
dispositions so prescribed.
| ||
(4) (Blank). (a) The definition of delinquent minor under | ||
Section 5-120 of this
Article
shall not apply to any minor who | ||
at the time of an offense was at least 13
years of age and who | ||
is charged with first degree murder committed during the
course | ||
of either aggravated criminal sexual assault, criminal sexual | ||
assault,
or aggravated kidnaping. However, this subsection (4) | ||
does not include a minor
charged with first degree murder based | ||
exclusively upon the accountability
provisions of the Criminal | ||
Code of 1961 or the Criminal Code of 2012.
| ||
(b)(i) If before trial or plea an information or indictment | ||
is filed that
does not charge first degree murder committed | ||
during the course of aggravated
criminal sexual assault, | ||
criminal
sexual assault, or aggravated kidnaping, the State's | ||
Attorney may proceed on
any lesser charge or charges, but only | ||
in Juvenile Court under the provisions
of this Article. The | ||
State's Attorney may proceed under the criminal laws of
this |
State
on a lesser charge if before trial the minor defendant | ||
knowingly and with
advice of counsel waives, in writing, his or | ||
her right to have the matter
proceed in Juvenile Court.
| ||
(ii) If before trial or plea an information or
indictment | ||
is filed that includes first degree murder committed during the
| ||
course of aggravated criminal sexual assault, criminal sexual | ||
assault, or
aggravated kidnaping, and additional charges that | ||
are not specified in
paragraph (a) of this subsection, all of | ||
the charges arising out of the same
incident shall be | ||
prosecuted under the criminal laws of this State.
| ||
(c)(i) If after trial or plea the minor is convicted of | ||
first degree
murder
committed during the course of aggravated | ||
criminal sexual assault, criminal
sexual assault, or | ||
aggravated kidnaping, in sentencing the minor, the court
shall | ||
have available any or all dispositions prescribed for that | ||
offense under
Chapter V of the Unified Code of Corrections.
| ||
(ii) If the minor was not yet 15
years of age at the time of | ||
the offense, and if after trial or plea the court
finds that | ||
the minor
committed an offense other than first degree murder | ||
committed during
the course of either aggravated criminal | ||
sexual assault, criminal sexual
assault, or aggravated | ||
kidnapping, the finding shall not invalidate the
verdict or the | ||
prosecution of the minor under the criminal laws of the State;
| ||
however, unless the State requests a hearing for the purpose of | ||
sentencing the
minor under
Chapter V of the Unified Code of | ||
Corrections, the Court must proceed under
Sections 5-705 and |
5-710 of this Article. To request a hearing, the State must
| ||
file a written motion within 10 days following the entry of a | ||
finding or the
return of a verdict. Reasonable notice of the | ||
motion shall be given to the
minor or his or her counsel. If | ||
the motion is made by the State, the court
shall conduct a | ||
hearing to determine whether the minor should be sentenced
| ||
under Chapter V of the
Unified Code of Corrections. In making | ||
its determination, the court shall
consider among other | ||
matters: (a) whether there is evidence that the offense
was | ||
committed in an
aggressive and premeditated manner; (b) the age | ||
of the minor; (c) the
previous delinquent history of the minor; | ||
(d) whether there are facilities
particularly available to the | ||
Juvenile Court or the Department of Juvenile Justice
for the | ||
treatment and rehabilitation of the minor; (e) whether the best
| ||
interest of the minor and the security of the public require | ||
sentencing under
Chapter V of the Unified Code of Corrections; | ||
and (f) whether the minor
possessed a deadly weapon when | ||
committing the offense. The rules of evidence
shall be the same | ||
as if at trial. If after the hearing the court finds that
the | ||
minor should be sentenced under Chapter V of the Unified Code | ||
of
Corrections, then the court shall sentence the minor | ||
accordingly having
available to it any or all dispositions so | ||
prescribed.
| ||
(5) (Blank). (a) The definition of delinquent minor under | ||
Section 5-120 of this
Article
shall not apply to any minor who | ||
is charged with a violation of subsection (a)
of Section 31-6 |
or Section 32-10 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 when the minor is
subject to prosecution under the | ||
criminal laws of this State as a result of the
application of | ||
the provisions of Section 5-125, or subsection (1) or (2) of
| ||
this Section. These charges and all other charges arising out | ||
of the same
incident shall be prosecuted under the criminal | ||
laws of this State.
| ||
(b)(i) If before trial or plea an information or indictment | ||
is filed that
does not charge an offense specified in paragraph | ||
(a) of this subsection (5),
the State's Attorney may proceed on | ||
any lesser charge or charges, but only in
Juvenile Court under | ||
the provisions of this Article. The State's Attorney may
| ||
proceed under the criminal laws of this State on a lesser | ||
charge if before
trial the minor defendant knowingly and with | ||
advice of counsel waives, in
writing, his or her right to have | ||
the matter proceed in Juvenile Court.
| ||
(ii) If before trial
or plea an information or indictment | ||
is filed that includes one or more charges
specified in | ||
paragraph (a) of this subsection (5) and additional charges | ||
that
are not specified in that paragraph, all of
the charges | ||
arising out of the same incident shall be prosecuted under the
| ||
criminal laws of this State.
| ||
(c)(i) If after trial or plea the minor is convicted of any | ||
offense
covered
by paragraph (a) of this subsection (5), then, | ||
in sentencing the minor, the
court shall have available any or | ||
all dispositions prescribed for that offense
under Chapter V of |
the Unified Code of Corrections.
| ||
(ii) If after trial or
plea the court finds that the minor | ||
committed an offense not covered by
paragraph (a) of
this | ||
subsection (5), the conviction shall not invalidate the verdict | ||
or the
prosecution of the minor under the criminal laws of this | ||
State; however,
unless the State requests a hearing for the
| ||
purpose of sentencing the minor under Chapter V of the Unified | ||
Code of
Corrections, the Court must proceed under Sections | ||
5-705 and 5-710 of this
Article.
To request a hearing, the | ||
State must file a written motion within 10 days
following the | ||
entry of a finding or the return of a verdict. Reasonable | ||
notice
of the motion shall be given to the minor or his or her | ||
counsel. If the motion
is made by the State, the court shall | ||
conduct a hearing to determine if whether
the minor should be | ||
sentenced under Chapter V of the Unified Code of
Corrections. | ||
In making its determination, the court shall consider among | ||
other
matters: (a) whether there is evidence that the offense | ||
was committed in an
aggressive and premeditated manner; (b) the | ||
age of the minor; (c) the previous
delinquent history of the | ||
minor; (d) whether there are facilities particularly
available | ||
to the Juvenile Court or the Department of Juvenile Justice for | ||
the treatment and rehabilitation of the minor; (e) whether
the | ||
security of the public requires sentencing under Chapter V of | ||
the Unified
Code of Corrections; and (f) whether the minor | ||
possessed a deadly weapon when
committing the offense. The | ||
rules of evidence shall be the same as if at
trial. If after |
the hearing the court finds that the minor should be sentenced
| ||
under Chapter V of the Unified Code of Corrections, then the | ||
court shall
sentence the minor accordingly having available to | ||
it any or all dispositions
so prescribed.
| ||
(6) (Blank). The definition of delinquent minor under | ||
Section 5-120 of this Article
shall not apply to any minor who, | ||
pursuant to subsection (1) or (3) or
Section 5-805 or 5-810, | ||
has previously been placed under the jurisdiction of
the | ||
criminal court and has been convicted of a crime under an adult | ||
criminal or
penal statute. Such a minor shall be subject to | ||
prosecution under the criminal
laws of this State.
| ||
(7) The procedures set out in this Article for the | ||
investigation, arrest and
prosecution of juvenile offenders | ||
shall not apply to minors who are excluded
from jurisdiction of | ||
the Juvenile Court, except that minors under 18 years of
age | ||
shall be kept separate from confined adults.
| ||
(8) Nothing in this Act prohibits or limits the prosecution | ||
of any
minor for an offense committed on or after his or her | ||
18th birthday even though
he or she is at the time of the | ||
offense a ward of the court.
| ||
(9) If an original petition for adjudication of wardship | ||
alleges the
commission by a minor 13 years of age or
over of an | ||
act that constitutes a crime under the laws of this State,
the | ||
minor, with the consent of his or her counsel, may, at any time | ||
before
commencement of the adjudicatory hearing, file with the | ||
court a motion
that criminal prosecution be ordered and that |
the petition be dismissed
insofar as the act or acts involved | ||
in the criminal proceedings are
concerned. If such a motion is | ||
filed as herein provided, the court shall
enter its order | ||
accordingly.
| ||
(10) If, prior to August 12, 2005 (the effective date of | ||
Public Act 94-574), a minor is charged with a violation of | ||
Section 401 of the Illinois Controlled Substances Act under the | ||
criminal laws of this State, other than a minor charged with a | ||
Class X felony violation of the
Illinois Controlled
Substances | ||
Act or the Methamphetamine Control and Community Protection | ||
Act, any party including the minor or the court sua sponte
may, | ||
before trial,
move for a hearing for the purpose of trying and | ||
sentencing the minor as
a delinquent minor. To request a | ||
hearing, the party must file a motion
prior to trial. | ||
Reasonable notice of the motion shall be given to all
parties. | ||
On its own motion or upon the filing of a motion by one of the
| ||
parties including the minor, the court shall conduct a hearing | ||
to
determine whether the minor should be tried and sentenced as | ||
a
delinquent minor under this Article. In making its | ||
determination, the
court shall consider among other matters:
| ||
(a) The age of the minor;
| ||
(b) Any previous delinquent or criminal history of the | ||
minor;
| ||
(c) Any previous abuse or neglect history of the minor;
| ||
(d) Any mental health or educational history of the | ||
minor, or both; and
|
(e) Whether there is probable cause to support the | ||
charge, whether
the minor is charged through | ||
accountability, and whether there is
evidence the minor | ||
possessed a deadly weapon or caused serious
bodily harm | ||
during the offense.
| ||
Any material that is relevant and reliable shall be | ||
admissible at the
hearing. In
all cases, the judge shall enter | ||
an order permitting prosecution
under the criminal laws of | ||
Illinois unless the judge makes a finding
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 factors listed in this subsection (10).
| ||
(11) The changes made to this Section by Public Act 98-61 | ||
apply to a minor who has been
arrested or taken into custody on | ||
or after January 1, 2014 (the effective date
of Public Act | ||
98-61). | ||
(Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14; | ||
98-756, eff. 7-16-14.)
| ||
(705 ILCS 405/5-407)
| ||
Sec. 5-407. Processing of juvenile in possession of a | ||
firearm.
| ||
(a) If a law enforcement officer detains a minor pursuant | ||
to Section
10-27.1A of the
School Code, the officer shall | ||
deliver the minor to the nearest juvenile
officer, in the |
manner
prescribed by subsection (2) of Section 5-405 of this | ||
Act. The juvenile
officer shall deliver the
minor without | ||
unnecessary delay to the court or to the place designated by | ||
rule
or order of court
for the reception of minors. In no event | ||
shall the minor be eligible for any
other disposition by
the | ||
juvenile police officer, notwithstanding the provisions of | ||
subsection (3)
of Section 5-405 of
this Act.
| ||
(b) Minors not excluded from this Act's jurisdiction under | ||
subsection (3)(a)
of Section 5-130 of this Act shall be brought | ||
before a judicial officer within
40 hours,
exclusive of | ||
Saturdays,
Sundays, and court-designated holidays, for a | ||
detention hearing to determine
whether he or she
shall be | ||
further held in custody. If the court finds that there is | ||
probable
cause to believe that the
minor is a delinquent minor | ||
by virtue of his or her violation of item (4) of
subsection (a) | ||
of
Section 24-1 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012
while on school grounds, that finding shall create | ||
a presumption that immediate
and urgent necessity exists under
| ||
subdivision (2) of Section 5-501 of this Act. Once the | ||
presumption of
immediate and urgent necessity has been raised, | ||
the burden of demonstrating the
lack of immediate and urgent | ||
necessity shall be on any party that is opposing
detention for | ||
the minor. Should the court order detention pursuant to this
| ||
Section, the minor
shall be detained, pending the results of a | ||
court-ordered
psychological
evaluation to determine if the | ||
minor is a risk to himself, herself, or others.
Upon receipt of |
the
psychological evaluation, the court shall review the | ||
determination regarding
the existence of
urgent and immediate | ||
necessity. The court shall consider the psychological
| ||
evaluation in
conjunction with the other factors identified in | ||
subdivision (2) of Section
5-501 of this Act in
order to make a | ||
de novo determination regarding whether it is a matter of
| ||
immediate and urgent
necessity for the protection of the minor | ||
or of the person or property of
another that the minor be
| ||
detained or placed in a shelter care facility. In addition to | ||
the pre-trial
conditions found in
Section 5-505 of this Act, | ||
the court may order the minor to receive counseling
and any | ||
other
services recommended by the psychological evaluation as a | ||
condition for release
of the minor.
| ||
(c) Upon making a determination that the student presents a | ||
risk to himself,
herself, or
others, the court shall issue an | ||
order restraining the student from entering
the property of the
| ||
school if he or she has been suspended or expelled from the | ||
school as a result
of possessing a
firearm. The order shall | ||
restrain the student from entering the school and
school
owned | ||
or leased
property, including any conveyance owned, leased, or | ||
contracted by the school
to transport
students to or from | ||
school or a school-related activity. The order shall
remain in | ||
effect until such
time as the court determines that the student | ||
no longer presents a risk to
himself, herself, or
others.
| ||
(d) Psychological evaluations ordered pursuant to | ||
subsection (b) of this
Section and
statements made by the minor |
during the course of these evaluations, shall not
be admissible | ||
on
the issue of delinquency during the course of any | ||
adjudicatory hearing held
under this Act.
| ||
(e) In this Section:
| ||
"School" means any public or
private
elementary or | ||
secondary school.
| ||
"School grounds" includes the real
property comprising
any | ||
school, any conveyance owned, leased, or contracted by a school | ||
to
transport students to or
from school or a school-related | ||
activity, or any public way within 1,000
feet of the real
| ||
property comprising any school.
| ||
(Source: P.A. 97-1150, eff. 1-25-13.)
| ||
(705 ILCS 405/5-805)
| ||
Sec. 5-805. Transfer of jurisdiction.
| ||
(1) (Blank). Mandatory transfers.
| ||
(a) If a petition alleges commission by a minor 15 | ||
years of age or older
of an act that constitutes a forcible | ||
felony under the laws of this State, and
if a motion by the | ||
State's Attorney to prosecute the minor under the criminal
| ||
laws of Illinois for the alleged forcible felony alleges | ||
that (i) the minor has
previously been adjudicated | ||
delinquent or found guilty for commission of an act
that | ||
constitutes a felony under the laws of this State or any | ||
other state and
(ii) the act that constitutes the offense | ||
was committed in furtherance of
criminal activity by an |
organized gang, the Juvenile Judge assigned to hear and
| ||
determine those motions shall, upon determining that there | ||
is probable cause
that both allegations are true, enter an | ||
order permitting prosecution under the
criminal laws of | ||
Illinois.
| ||
(b) If a petition alleges commission by a minor 15 | ||
years of age or older
of an act that constitutes a felony | ||
under the laws of this State, and if a
motion by a State's | ||
Attorney to prosecute the minor under the criminal laws of
| ||
Illinois for the alleged felony alleges that (i) the minor | ||
has previously been
adjudicated delinquent or found guilty | ||
for commission of an act that
constitutes a forcible
felony | ||
under the laws of this State or any other state and (ii) | ||
the act that
constitutes the offense was committed in | ||
furtherance of criminal activities by
an organized gang, | ||
the Juvenile Judge assigned to hear and determine those
| ||
motions shall, upon determining that there is probable | ||
cause that both
allegations are true, enter an order | ||
permitting prosecution under the criminal
laws of | ||
Illinois.
| ||
(c) If a petition alleges commission by a minor 15 | ||
years of age or older
of: (i) an act that constitutes an | ||
offense enumerated in the presumptive
transfer provisions | ||
of subsection (2); and (ii) the minor has previously been
| ||
adjudicated delinquent or found guilty of a forcible | ||
felony, the Juvenile Judge
designated to hear and determine |
those motions shall, upon determining that
there is | ||
probable cause that both allegations are true, enter an | ||
order
permitting prosecution under the criminal laws of | ||
Illinois.
| ||
(d) If a petition alleges commission by a minor 15 | ||
years of age or older
of an act that constitutes the | ||
offense of aggravated discharge of a firearm
committed in a | ||
school, on the real property comprising a school, within | ||
1,000
feet of the real property comprising a school, at a | ||
school related activity, or
on, boarding, or departing from | ||
any conveyance owned, leased, or contracted by
a school or | ||
school district to transport students to or from school or | ||
a school
related activity, regardless of the time of day or | ||
the time of year, the
juvenile judge designated to hear and | ||
determine those motions shall, upon
determining that there | ||
is probable cause that the allegations are true, enter
an | ||
order permitting prosecution under the criminal laws of | ||
Illinois.
| ||
For purposes of this paragraph (d) of subsection (1):
| ||
"School" means a public or private
elementary or | ||
secondary school, community college, college, or | ||
university.
| ||
"School related activity" means any sporting, social, | ||
academic, or other
activity for which students' attendance | ||
or participation is sponsored,
organized, or funded in | ||
whole or in part by a school or school district.
|
(2) Presumptive transfer.
| ||
(a) If the State's Attorney files a petition, at any | ||
time prior to
commencement of the minor's trial, to permit | ||
prosecution under the criminal
laws and the petition | ||
alleges a minor 15 years of age or older
of an act that | ||
constitutes a forcible felony under the laws of this State, | ||
and
if a motion by the State's Attorney to prosecute the | ||
minor under the criminal
laws of Illinois for the alleged | ||
forcible felony alleges that (i) the minor has
previously | ||
been adjudicated delinquent or found guilty for commission | ||
of an act
that constitutes a forcible felony under the laws | ||
of this State or any other state and
(ii) the act that | ||
constitutes the offense was committed in furtherance of
| ||
criminal activity by an organized gang, the commission by a | ||
minor 15 years of age or
older
of: (i) a Class X felony | ||
other than armed violence; (ii) aggravated discharge
of a | ||
firearm; (iii) armed violence with a firearm when the | ||
predicate offense
is a Class 1 or Class 2 felony and the | ||
State's Attorney's motion to transfer
the case alleges that | ||
the offense committed is in furtherance of the criminal
| ||
activities of an organized gang; (iv) armed violence with a | ||
firearm when the
predicate offense is a violation of the | ||
Illinois Controlled Substances Act, a violation of the | ||
Cannabis Control Act, or a violation of the Methamphetamine | ||
Control and Community Protection Act; (v) armed violence | ||
when the
weapon involved was a machine gun or other weapon |
described in subsection
(a)(7) of Section 24-1 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012; (vi) an | ||
act in violation of Section 401 of the Illinois Controlled | ||
Substances Act which is a Class X felony, while in a | ||
school, regardless of the time of day or the time of year, | ||
or on any conveyance owned, leased, or contracted by a | ||
school to transport students to or from school or a school | ||
related activity, or on residential property owned, | ||
operated, or managed by a public housing agency or leased | ||
by a public housing agency as part of a scattered site or | ||
mixed-income development; or (vii) an act in violation of | ||
Section 401 of the Illinois Controlled Substances Act and | ||
the offense is alleged to have occurred while in a school | ||
or on a public way within 1,000 feet of the real property | ||
comprising any school, regardless of the time of day or the | ||
time of year when the delivery or intended delivery of any | ||
amount of the controlled substance is to a person under 17 | ||
years of age, (to qualify for a presumptive transfer under | ||
paragraph (vi) or (vii) of this clause (2)(a), the | ||
violation cannot be based upon subsection (b) of Section | ||
407 of the Illinois Controlled Substances Act) and, if the | ||
juvenile judge
assigned to hear and determine motions to | ||
transfer a case for prosecution in
the criminal court | ||
determines that there is probable cause to believe that the
| ||
allegations in the petition and motion are true, there is a | ||
rebuttable
presumption that the minor is not a fit and |
proper subject to be dealt with
under the Juvenile Justice | ||
Reform Provisions of 1998 (Public Act 90-590),
and that, | ||
except as provided in paragraph (b), the case should be | ||
transferred
to the criminal court.
| ||
(b) The judge shall enter an order permitting | ||
prosecution under the
criminal laws of Illinois unless the | ||
judge makes a finding based on clear and
convincing | ||
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 following:
| ||
(i) the age of the minor;
| ||
(ii) the history of the minor, including:
| ||
(A) any previous delinquent or criminal | ||
history of the minor, | ||
(B) any previous abuse or neglect history of | ||
the minor, and
| ||
(C) any mental health, physical or educational | ||
history of the minor or combination of these | ||
factors;
| ||
(iii) the circumstances of the offense, including:
| ||
(A) the seriousness of the offense,
| ||
(B) whether the minor is charged through | ||
accountability,
| ||
(C) whether there is evidence the offense was | ||
committed in an aggressive and premeditated |
manner,
| ||
(D) whether there is evidence the offense | ||
caused serious bodily harm,
| ||
(E) whether there is evidence the minor | ||
possessed a deadly weapon;
| ||
(iv) the advantages of treatment within the | ||
juvenile justice system including whether there are | ||
facilities or programs, or both, particularly | ||
available in the juvenile system;
| ||
(v) whether the security of the public requires | ||
sentencing under Chapter V of the Unified Code of | ||
Corrections:
| ||
(A) the minor's history of services, including | ||
the minor's willingness to participate | ||
meaningfully in available services;
| ||
(B) whether there is a reasonable likelihood | ||
that the minor can be rehabilitated before the | ||
expiration of the juvenile court's jurisdiction;
| ||
(C) the adequacy of the punishment or | ||
services.
| ||
In considering these factors, the court shall give | ||
greater
weight to the seriousness of the alleged offense | ||
and the minor's prior record
of delinquency than to the | ||
other factors listed in this subsection.
| ||
For purposes of clauses (2)(a)(vi) and (vii): | ||
"School" means a public or private elementary or secondary |
school, community college, college, or university. | ||
"School related activity" means any sporting, social, | ||
academic, or other activity for which students' attendance or | ||
participation is sponsored, organized, or funded in whole or in | ||
part by a school or school district.
| ||
(3) Discretionary transfer.
| ||
(a) If a petition alleges commission by a minor 13 | ||
years of age or over of
an act that constitutes a crime | ||
under the laws of this State and, on motion of
the State's | ||
Attorney to permit prosecution of the minor under the | ||
criminal
laws, a Juvenile Judge assigned by the Chief Judge | ||
of the Circuit to hear and
determine those motions, after | ||
hearing but before commencement of the
trial, finds that | ||
there is probable cause to believe that the
allegations in | ||
the motion are true and that it is not in the best | ||
interests
of the public to proceed under this Act, the | ||
court may enter an
order permitting prosecution under the | ||
criminal laws.
| ||
(b) In making its determination on the motion to permit | ||
prosecution under
the criminal laws, the court shall | ||
consider among other matters:
| ||
(i) the age of the minor;
| ||
(ii) the history of the minor, including:
| ||
(A) any previous delinquent or criminal | ||
history of the minor,
| ||
(B) any previous abuse or neglect history of |
the minor, and
| ||
(C) any mental health, physical, or | ||
educational history of the minor or combination of | ||
these factors;
| ||
(iii) the circumstances of the offense, including:
| ||
(A) the seriousness of the offense,
| ||
(B) whether the minor is charged through | ||
accountability,
| ||
(C) whether there is evidence the offense was | ||
committed in an aggressive and premeditated | ||
manner,
| ||
(D) whether there is evidence the offense | ||
caused serious bodily harm,
| ||
(E) whether there is evidence the minor | ||
possessed a deadly weapon;
| ||
(iv) the advantages of treatment within the | ||
juvenile justice system including whether there are | ||
facilities or programs, or both, particularly | ||
available in the juvenile system;
| ||
(v) whether the security of the public requires | ||
sentencing under Chapter V of the Unified Code of | ||
Corrections:
| ||
(A) the minor's history of services, including | ||
the minor's willingness to participate | ||
meaningfully in available services;
| ||
(B) whether there is a reasonable likelihood |
that the minor can be rehabilitated before the | ||
expiration of the juvenile court's jurisdiction;
| ||
(C) the adequacy of the punishment or | ||
services.
| ||
In considering these factors, the court shall give | ||
greater
weight to the seriousness of the alleged offense , | ||
and the minor's prior record
of delinquency than to the | ||
other factors listed in this subsection.
| ||
(4) The rules of evidence for this hearing shall be the | ||
same as under
Section 5-705 of this Act. A minor must be | ||
represented in court by counsel
before the hearing may be | ||
commenced.
| ||
(5) If criminal proceedings are instituted, the petition | ||
for adjudication
of wardship shall be dismissed insofar as the | ||
act or acts involved in the
criminal proceedings. Taking of | ||
evidence in a trial on petition for
adjudication of wardship is | ||
a bar to criminal proceedings based upon the
conduct alleged in | ||
the petition.
| ||
(6) When criminal prosecution is permitted under this | ||
Section and a finding of guilt is entered, the criminal court | ||
shall sentence the minor under Section 5-4.5-105 of the Unified | ||
Code of Corrections. | ||
(7) The changes made to this Section by this amendatory Act | ||
of the 99th General Assembly apply to a minor who has been | ||
taken into custody on or after the effective date of this | ||
amendatory Act of the 99th General Assembly. |
(Source: P.A. 97-1150, eff. 1-25-13.)
| ||
(705 ILCS 405/5-810)
| ||
Sec. 5-810. Extended jurisdiction juvenile prosecutions.
| ||
(1) (a) If the State's Attorney files a petition, at any | ||
time prior to
commencement of the
minor's trial, to designate | ||
the proceeding as an extended jurisdiction juvenile
| ||
prosecution and the petition alleges the commission by a minor | ||
13 years of age
or
older of any offense which would be a felony | ||
if committed by an adult, and, if
the
juvenile judge
assigned | ||
to hear and determine petitions to designate the proceeding as | ||
an
extended jurisdiction juvenile prosecution determines that | ||
there is probable
cause to believe that the allegations in the | ||
petition and motion are true,
there is a rebuttable presumption | ||
that the proceeding shall be designated as an
extended | ||
jurisdiction juvenile proceeding.
| ||
(b) The judge shall enter an order designating the | ||
proceeding as an
extended jurisdiction juvenile proceeding | ||
unless the judge makes a finding
based on clear and convincing | ||
evidence that sentencing under the Chapter V of
the Unified | ||
Code of Corrections would not be appropriate for the minor | ||
based on
an evaluation of the
following factors:
| ||
(i) the age of the minor;
| ||
(ii) the history of the minor, including:
| ||
(A) any previous delinquent or criminal history of | ||
the minor,
|
(B) any previous abuse or neglect history of the | ||
minor, and
| ||
(C) any mental health, physical and/or educational | ||
history of the minor;
| ||
(iii) the circumstances of the offense, including:
| ||
(A) the seriousness of the offense,
| ||
(B) whether the minor is charged through | ||
accountability,
| ||
(C) whether there is evidence the offense was | ||
committed in an aggressive and premeditated manner,
| ||
(D) whether there is evidence the offense caused | ||
serious bodily harm,
| ||
(E) whether there is evidence the minor possessed a | ||
deadly weapon;
| ||
(iv) the advantages of treatment within the juvenile | ||
justice system including whether there are facilities or | ||
programs, or both, particularly available in the juvenile | ||
system;
| ||
(v) whether the security of the public requires | ||
sentencing under Chapter V of the Unified Code of | ||
Corrections:
| ||
(A) the minor's history of services, including the | ||
minor's willingness to participate meaningfully in | ||
available services;
| ||
(B) whether there is a reasonable likelihood that | ||
the minor can be rehabilitated before the expiration of |
the juvenile court's jurisdiction;
| ||
(C) the adequacy of the punishment or services.
| ||
In considering these factors, the court shall give greater | ||
weight to the
seriousness of the alleged offense , and the | ||
minor's prior record of delinquency
than to other factors | ||
listed in this subsection.
| ||
(2) Procedures for extended
jurisdiction juvenile | ||
prosecutions.
The State's Attorney may file a written motion | ||
for a proceeding to be
designated as an extended juvenile | ||
jurisdiction prior to
commencement of trial. Notice of the | ||
motion shall be in
compliance with
Section 5-530. When the | ||
State's Attorney files a written motion that a
proceeding be | ||
designated an extended jurisdiction juvenile prosecution, the
| ||
court shall commence a hearing within 30 days of the filing of | ||
the motion for
designation, unless good cause is shown by the | ||
prosecution or the minor as to
why the hearing could not be | ||
held within this time period. If the court finds
good cause has | ||
been demonstrated, then the hearing shall be held within 60 | ||
days
of the filing of the motion. The hearings shall be open to | ||
the public unless
the judge finds that the hearing should be | ||
closed for the protection of any
party, victim or witness. If | ||
the Juvenile Judge
assigned to hear and determine a motion to | ||
designate an extended jurisdiction
juvenile prosecution | ||
determines that there is probable cause to believe that
the | ||
allegations in the petition and motion are true the court shall | ||
grant the
motion for designation. Information used by the court |
in its findings or
stated in or offered in connection with this | ||
Section may be by way of proffer
based on reliable information | ||
offered by the State or the minor. All evidence
shall be | ||
admissible if it is relevant and reliable regardless of whether | ||
it
would be admissible under the rules of evidence.
| ||
(3) Trial. A minor who is subject of an extended | ||
jurisdiction juvenile
prosecution has the right to trial by | ||
jury. Any trial under this Section shall
be open to the public.
| ||
(4) Sentencing. If an extended jurisdiction juvenile | ||
prosecution under
subsection (1)
results in a guilty plea, a | ||
verdict of guilty, or a finding of guilt,
the court shall | ||
impose the following:
| ||
(i) one or more juvenile sentences under Section 5-710; | ||
and
| ||
(ii) an adult criminal sentence in accordance with the | ||
provisions of
Section 5-4.5-105 of the Unified Code of | ||
Corrections Chapter V of the
Unified Code of
Corrections , | ||
the execution of which shall be stayed on the condition | ||
that the
offender not violate the provisions of the | ||
juvenile sentence.
| ||
Any sentencing hearing under
this Section shall be open to the | ||
public.
| ||
(5) If, after an extended jurisdiction juvenile | ||
prosecution trial, a minor
is convicted of a lesser-included | ||
offense or of an offense that the State's
Attorney did not | ||
designate as an extended jurisdiction juvenile prosecution,
|
the State's Attorney may file a written motion, within 10 days | ||
of the finding
of guilt, that
the minor be sentenced as an | ||
extended jurisdiction juvenile prosecution
offender. The court | ||
shall rule on this motion using the factors found in
paragraph | ||
(1)(b) of Section 5-805. If the court denies the State's | ||
Attorney's
motion for
sentencing under the extended | ||
jurisdiction juvenile prosecution provision, the
court shall | ||
proceed to sentence the minor under Section 5-710.
| ||
(6) When it appears that a minor convicted in an extended | ||
jurisdiction
juvenile prosecution under subsection (1) has | ||
violated the
conditions of his or her sentence, or is alleged | ||
to have committed a new
offense upon the filing of a petition | ||
to revoke the stay, the
court may, without notice, issue a | ||
warrant for the arrest of the minor.
After a hearing, if the | ||
court finds by a
preponderance of the evidence that the minor | ||
committed a new offense, the
court shall order execution of the | ||
previously
imposed adult criminal sentence.
After a hearing, if | ||
the court finds by a preponderance of the evidence
that the | ||
minor committed a violation of his or her sentence other than | ||
by a new
offense, the court may order execution of the | ||
previously imposed adult criminal
sentence or may continue him | ||
or her on the existing juvenile sentence with or
without | ||
modifying or enlarging the conditions.
Upon revocation of the | ||
stay of the adult criminal sentence
and imposition of
that | ||
sentence, the minor's extended jurisdiction juvenile status | ||
shall be
terminated.
The on-going jurisdiction over the minor's |
case shall be assumed by the adult
criminal court and juvenile | ||
court jurisdiction shall be terminated and a report
of
the | ||
imposition of the adult sentence shall be sent to the | ||
Department of State
Police.
| ||
(7) Upon successful completion of the juvenile sentence the | ||
court shall
vacate the adult criminal sentence.
| ||
(8) Nothing in this Section precludes the State from filing | ||
a motion for
transfer under Section 5-805.
| ||
(Source: P.A. 94-574, eff. 8-12-05; 95-331, eff. 8-21-07.)
| ||
(705 ILCS 405/5-822 new) | ||
Sec. 5-822. Data collection. On the effective date of this | ||
amendatory Act of the 99th General Assembly: | ||
(1) The Clerk of the Circuit Court of every county in | ||
this State, shall track the filing, processing, and | ||
disposition of all cases: | ||
(a) initiated in criminal court under Section | ||
5-130 of this Act; | ||
(b) in which a motion to transfer was filed by the | ||
State under Section 5-805 of this Act; | ||
(c) in which a motion for extended jurisdiction was | ||
filed by the State under Section 5-810 of this Act; | ||
(d) in which a designation is sought of a Habitual | ||
Juvenile Offender under Section 5-815 of this Act; and | ||
(e) in which a designation is sought of a Violent | ||
Juvenile Offender under Section 5-820 of this Act. |
(2) For each category of case listed in subsection (1), | ||
the clerk shall collect the following: | ||
(a) age of the defendant and of the victim or | ||
victims at the time of offense; | ||
(b) race and ethnicity of the defendant and the | ||
victim or victims; | ||
(c) gender of the defendant and the victim or | ||
victims; | ||
(d) the offense or offenses charged; | ||
(e) date filed and the date of final disposition; | ||
(f) the final disposition; | ||
(g) for those cases resulting in a finding or plea | ||
of guilty: | ||
(i) charge or charges for which they are | ||
convicted; | ||
(ii) sentence for each charge; | ||
(h) for cases under paragraph (c) of subsection | ||
(1), the clerk shall report if the adult sentence is | ||
applied due to non-compliance with the juvenile | ||
sentence. | ||
(3) On January 15 and June 15 of each year beginning 6 | ||
months after the effective date of this amendatory Act of | ||
the 99th General Assembly, the Clerk of each county shall | ||
submit a report outlining all of the information from | ||
subsection (2) to the General Assembly and the county board | ||
of the clerk's respective county. |
(4) No later than 2 months after the effective date of | ||
this amendatory Act of the 99th General Assembly, the | ||
standards, confidentiality protocols, format, and data | ||
depository for the semi-annual reports described in this | ||
Section shall be identified by the State Advisory Group on | ||
Juvenile Justice and Delinquency Prevention and | ||
distributed to the General Assembly, county boards, and | ||
county clerks' offices.
| ||
(705 ILCS 405/5-821 rep.) | ||
Section 10. The Juvenile Court Act of 1987 is amended by | ||
repealing Section 5-821. | ||
Section 15. The Unified Code of Corrections is amended by | ||
adding Section 5-4.5-105 as follows: | ||
(730 ILCS 5/5-4.5-105 new) | ||
Sec. 5-4.5-105. SENTENCING OF INDIVIDUALS UNDER THE AGE OF | ||
18 AT THE TIME OF THE COMMISSION OF AN OFFENSE. | ||
(a) On or after the effective date of this amendatory Act | ||
of the 99th General Assembly, when a person commits an offense | ||
and the person is under 18 years of age at the time of the | ||
commission of the offense, the court, at the sentencing hearing | ||
conducted under Section 5-4-1, shall consider the following | ||
additional factors in mitigation in determining the | ||
appropriate sentence: |
(1) the person's age, impetuosity, and level of | ||
maturity at the time of the offense, including the ability | ||
to consider risks and consequences of behavior, and the | ||
presence of cognitive or developmental disability, or | ||
both, if any; | ||
(2) whether the person was subjected to outside | ||
pressure, including peer pressure, familial pressure, or | ||
negative influences; | ||
(3) the person's family, home environment, educational | ||
and social background, including any history of parental | ||
neglect, physical abuse, or other childhood trauma; | ||
(4) the person's potential for rehabilitation or | ||
evidence of rehabilitation, or both; | ||
(5) the circumstances of the offense; | ||
(6) the person's degree of participation and specific | ||
role in the offense, including the level of planning by the | ||
defendant before the offense; | ||
(7) whether the person was able to meaningfully
| ||
participate in his or her defense; | ||
(8) the person's prior juvenile or criminal history;
| ||
and | ||
(9) any other information the court finds relevant and | ||
reliable, including an expression of remorse, if | ||
appropriate. However, if the person, on advice of counsel | ||
chooses not to make a statement, the court shall not | ||
consider a lack of an expression of remorse as an |
aggravating factor. | ||
(b) Except as provided in subsection (c), the court may | ||
sentence the defendant to any disposition authorized for the | ||
class of the offense of which he or she was found guilty as | ||
described in Article 4.5 of this Code, and may, in its | ||
discretion, decline to impose any otherwise applicable | ||
sentencing enhancement based upon firearm possession, | ||
possession with personal discharge, or possession with | ||
personal discharge that proximately causes great bodily harm, | ||
permanent disability, permanent disfigurement or death to | ||
another person. | ||
(c) Notwithstanding any other provision of law, if the | ||
defendant is convicted of first degree murder and would | ||
otherwise be subject to sentencing under clause (iii), (iv), | ||
(v), or (vii) of subsection (c) of Section 5-8-1 of this Code | ||
based on the category of persons identified therein, the court | ||
shall impose a sentence of not less than 40 years of | ||
imprisonment. In addition, the court may, in its discretion, | ||
decline to impose the sentencing enhancements based upon the | ||
possession or use of a firearm during the commission of the | ||
offense included in subsection (d) of Section 5-8-1. |