093_HB2853ham001

 










                                     LRB093 10695 RLC 13135 a

 1                    AMENDMENT TO HOUSE BILL 2853

 2        AMENDMENT NO.     .  Amend House Bill 2853 as follows:

 3    by replacing lines 14 through 34 on page 45 and all  of  page
 4    46 with the following:
 5        "(2)  (Blank). Presumptive transfer.
 6             (a)  If  the  State's  Attorney files a petition, at
 7        any time prior to commencement of the minor's  trial,  to
 8        permit  prosecution  under  the  criminal  laws  and  the
 9        petition  alleges  the  commission by a minor 15 years of
10        age or older of: (i) a Class X felony  other  than  armed
11        violence;  (ii) aggravated discharge of a firearm;  (iii)
12        armed violence with a firearm when the predicate  offense
13        is a Class 1 or Class 2 felony and the State's Attorney's
14        motion  to  transfer  the  case  alleges that the offense
15        committed is in furtherance of the criminal activities of
16        an organized gang; (iv) armed  violence  with  a  firearm
17        when the predicate offense is a violation of the Illinois
18        Controlled  Substances Act or a violation of the Cannabis
19        Control Act; (v) armed violence when the weapon  involved
20        was a machine gun or other weapon described in subsection
21        (a)(7) of Section 24-1 of the Criminal Code of 1961, and,
22        if  the  juvenile  judge  assigned  to hear and determine
23        motions  to  transfer  a  case  for  prosecution  in  the
 
                            -2-      LRB093 10695 RLC 13135 a
 1        criminal court determines that there is probable cause to
 2        believe that the allegations in the petition  and  motion
 3        are  true,  there  is  a  rebuttable presumption that the
 4        minor is not a fit and proper subject to  be  dealt  with
 5        under  the  Juvenile  Justice  Reform  Provisions of 1998
 6        (Public Act 90-590), and  that,  except  as  provided  in
 7        paragraph  (b),  the  case  should  be transferred to the
 8        criminal court.
 9             (b)  The  judge  shall  enter  an  order  permitting
10        prosecution under the criminal laws  of  Illinois  unless
11        the  judge  makes a finding based on clear and convincing
12        evidence that the minor would be amenable  to  the  care,
13        treatment,  and  training  programs available through the
14        facilities of the juvenile court based on  an  evaluation
15        of the following:
16             (i)  The seriousness of the alleged offense;
17             (ii)  The minor's history of delinquency;
18             (iii)  The age of the minor;
19             (iv)    The  culpability  of the minor in committing
20        the alleged offense;
21             (v)  Whether  the  offense  was  committed   in   an
22        aggressive or premeditated manner;
23             (vi)  Whether  the  minor used or possessed a deadly
24        weapon when committing the alleged offense;
25             (vii)  The minor's history  of  services,  including
26        the  minor's  willingness  to participate meaningfully in
27        available services;
28             (viii) Whether there is a reasonable likelihood that
29        the minor can be rehabilitated before the  expiration  of
30        the juvenile court's jurisdiction;
31             (ix)  The  adequacy  of  the  punishment or services
32        available in the juvenile justice system.
33        In  considering  these  factors,  the  court  shall  give
34    greater weight to the seriousness of the alleged offense  and
 
                            -3-      LRB093 10695 RLC 13135 a
 1    the  minor's  prior  record  of delinquency than to the other
 2    factors listed in this subsection.".