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Public Act 103-0191


 

Public Act 0191 103RD GENERAL ASSEMBLY

  
  
  

 


 
Public Act 103-0191
 
HB3414 EnrolledLRB103 30107 RLC 56531 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Juvenile Court Act of 1987 is amended by
changing Sections 5-805 and 5-810 as follows:
 
    (705 ILCS 405/5-805)
    Sec. 5-805. Transfer of jurisdiction.
    (1) (Blank).
    (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,
    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, and ;
                (D) any involvement of the minor in the child
            welfare system;
            (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, ;
                (F) whether there is evidence the minor was
            subjected to outside pressure, including peer
            pressure, familial pressure, or negative
            influences, and
                (G) the minor's degree of participation and
            specific role in the offense;
            (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;
            and
                (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.
    (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, and ;
                (D) any involvement of the minor in the child
            welfare system;
            (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, ;
                (F) whether there is evidence the minor was
            subjected to outside pressure, including peer
            pressure, familial pressure, or negative
            influences, and
                (G) the minor's degree of participation and
            specific role in the offense;
            (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;
            and
                (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,
    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. 99-258, eff. 1-1-16.)
 
    (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, and ;
            (D) any involvement of the minor in the child
        welfare system;
        (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, ;
            (F) whether there is evidence the minor was
        subjected to outside pressure, including peer
        pressure, familial pressure, or negative influences,
        and
            (G) the minor's degree of participation and
        specific role in the offense;
        (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, 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. 99-258, eff. 1-1-16.)
 
    Section 10. The Unified Code of Corrections is amended by
changing Section 5-4.5-105 as follows:
 
    (730 ILCS 5/5-4.5-105)
    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, domestic or sexual violence, sexual exploitation,
    physical abuse, or other childhood trauma including
    adverse childhood experiences (or ACEs);
        (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) the person's involvement in the child welfare
    system;
        (10) involvement of the person in the community;
        (11) if a comprehensive mental health evaluation of
    the person was conducted by a qualified mental health
    professional, the outcome of the evaluation; and
        12 (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) The trial judge shall specify on the record its
consideration of the factors under subsection (a) of this
Section.
    (c) Notwithstanding any other provision of law, if the
court determines by clear and convincing evidence that the
individual against whom the person is convicted of committing
the offense previously committed a crime under Section 10-9,
Section 11-1.20, Section 11-1.30, Section 11-1.40, Section
11-1.50, Section 11-1.60, Section 11-6, Section 11-6.5,
Section 11-6.6, Section 11-9.1, Section 11-14.3, Section
11-14.4 or Section 11-18.1 under Criminal Code of 2012 against
the person within 3 years before the offense in which the
person was convicted, the court may, in its discretion:
        (1) transfer the person to juvenile court for
    sentencing under Section 5-710 of the Juvenile Court Act
    of 1987;
        (2) depart from any mandatory minimum sentence,
    maximum sentence, or sentencing enhancement; or
        (3) suspend any portion of an otherwise applicable
    sentence.
    (d) Subsection (c) shall be construed as prioritizing the
successful treatment and rehabilitation of persons under 18
years of age who are sex crime victims who commit acts of
violence against their abusers. It is the General Assembly's
intent that these persons be viewed as victims and provided
treatment and services in the community, juvenile or family
court system.
    (e) (b) Except as provided in subsection (f) (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.
    (f) (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 subparagraph (c) of paragraph (1) of
subsection (a) 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, except
for persons convicted of first degree murder where subsection
(c) applies. 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.
(Source: P.A. 99-69, eff. 1-1-16; 99-258, eff. 1-1-16; 99-875,
eff. 1-1-17.)

Effective Date: 1/1/2024