Illinois General Assembly - Full Text of HB3494
Illinois General Assembly

Previous General Assemblies

Full Text of HB3494  102nd General Assembly

HB3494 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3494

 

Introduced 2/22/2021, by Rep. Aaron M. Ortiz

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-130

    Amends the Juvenile Court Act of 1987. Deletes language providing which laws shall be applied when proceeding against, prosecuting, or sentencing a delinquent minor who was charged with first degree murder, aggravated criminal sexual assault, or aggravated battery with a firearm where the minor personally discharged the firearm.


LRB102 02816 RLC 12824 b

 

 

A BILL FOR

 

HB3494LRB102 02816 RLC 12824 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 5-130 as follows:
 
6    (705 ILCS 405/5-130)
7    Sec. 5-130. Excluded jurisdiction.
8    (1) (Blank). (a) The definition of delinquent minor under
9Section 5-120 of this Article shall not apply to any minor who
10at the time of an offense was at least 16 years of age and who
11is charged with: (i) first degree murder, (ii) aggravated
12criminal sexual assault, or (iii) aggravated battery with a
13firearm as described in Section 12-4.2 or subdivision (e)(1),
14(e)(2), (e)(3), or (e)(4) of Section 12-3.05 where the minor
15personally discharged a firearm as defined in Section 2-15.5
16of the Criminal Code of 1961 or the Criminal Code of 2012.
17    These charges and all other charges arising out of the
18same incident shall be prosecuted under the criminal laws of
19this State.
20    (b)(i) If before trial or plea an information or
21indictment is filed that does not charge an offense specified
22in paragraph (a) of this subsection (1) the State's Attorney
23may proceed on any lesser charge or charges, but only in

 

 

HB3494- 2 -LRB102 02816 RLC 12824 b

1Juvenile Court under the provisions of this Article. The
2State's Attorney may proceed on a lesser charge if before
3trial the minor defendant knowingly and with advice of counsel
4waives, in writing, his or her right to have the matter proceed
5in Juvenile Court.
6    (ii) If before trial or plea an information or indictment
7is filed that includes one or more charges specified in
8paragraph (a) of this subsection (1) and additional charges
9that are not specified in that paragraph, all of the charges
10arising out of the same incident shall be prosecuted under the
11Criminal Code of 1961 or the Criminal Code of 2012.
12    (c)(i) If after trial or plea the minor is convicted of any
13offense covered by paragraph (a) of this subsection (1), then,
14in sentencing the minor, the court shall sentence the minor
15under Section 5-4.5-105 of the Unified Code of Corrections.
16    (ii) If after trial or plea the court finds that the minor
17committed an offense not covered by paragraph (a) of this
18subsection (1), that finding shall not invalidate the verdict
19or the prosecution of the minor under the criminal laws of the
20State; however, unless the State requests a hearing for the
21purpose of sentencing the minor under Chapter V of the Unified
22Code of Corrections, the Court must proceed under Sections
235-705 and 5-710 of this Article. To request a hearing, the
24State must file a written motion within 10 days following the
25entry of a finding or the return of a verdict. Reasonable
26notice of the motion shall be given to the minor or his or her

 

 

HB3494- 3 -LRB102 02816 RLC 12824 b

1counsel. If the motion is made by the State, the court shall
2conduct a hearing to determine if the minor should be
3sentenced under Chapter V of the Unified Code of Corrections.
4In making its determination, the court shall consider among
5other matters: (a) whether there is evidence that the offense
6was committed in an aggressive and premeditated manner; (b)
7the age of the minor; (c) the previous history of the minor;
8(d) whether there are facilities particularly available to the
9Juvenile Court or the Department of Juvenile Justice for the
10treatment and rehabilitation of the minor; (e) whether the
11security of the public requires sentencing under Chapter V of
12the Unified Code of Corrections; and (f) whether the minor
13possessed a deadly weapon when committing the offense. The
14rules of evidence shall be the same as if at trial. If after
15the hearing the court finds that the minor should be sentenced
16under Chapter V of the Unified Code of Corrections, then the
17court shall sentence the minor under Section 5-4.5-105 of the
18Unified Code of Corrections.
19    (2) (Blank).
20    (3) (Blank).
21    (4) (Blank).
22    (5) (Blank).
23    (6) (Blank).
24    (7) The procedures set out in this Article for the
25investigation, arrest and prosecution of juvenile offenders
26shall not apply to minors who are excluded from jurisdiction

 

 

HB3494- 4 -LRB102 02816 RLC 12824 b

1of the Juvenile Court, except that minors under 18 years of age
2shall be kept separate from confined adults.
3    (8) Nothing in this Act prohibits or limits the
4prosecution of any minor for an offense committed on or after
5his or her 18th birthday even though he or she is at the time
6of the offense a ward of the court.
7    (9) If an original petition for adjudication of wardship
8alleges the commission by a minor 13 years of age or over of an
9act that constitutes a crime under the laws of this State, the
10minor, with the consent of his or her counsel, may, at any time
11before commencement of the adjudicatory hearing, file with the
12court a motion that criminal prosecution be ordered and that
13the petition be dismissed insofar as the act or acts involved
14in the criminal proceedings are concerned. If such a motion is
15filed as herein provided, the court shall enter its order
16accordingly.
17    (10) If, prior to August 12, 2005 (the effective date of
18Public Act 94-574), a minor is charged with a violation of
19Section 401 of the Illinois Controlled Substances Act under
20the criminal laws of this State, other than a minor charged
21with a Class X felony violation of the Illinois Controlled
22Substances Act or the Methamphetamine Control and Community
23Protection Act, any party including the minor or the court sua
24sponte may, before trial, move for a hearing for the purpose of
25trying and sentencing the minor as a delinquent minor. To
26request a hearing, the party must file a motion prior to trial.

 

 

HB3494- 5 -LRB102 02816 RLC 12824 b

1Reasonable notice of the motion shall be given to all parties.
2On its own motion or upon the filing of a motion by one of the
3parties including the minor, the court shall conduct a hearing
4to determine whether the minor should be tried and sentenced
5as a delinquent minor under this Article. In making its
6determination, the court shall consider among other matters:
7        (a) The age of the minor;
8        (b) Any previous delinquent or criminal history of the
9    minor;
10        (c) Any previous abuse or neglect history of the
11    minor;
12        (d) Any mental health or educational history of the
13    minor, or both; and
14        (e) Whether there is probable cause to support the
15    charge, whether the minor is charged through
16    accountability, and whether there is evidence the minor
17    possessed a deadly weapon or caused serious bodily harm
18    during the offense.
19    Any material that is relevant and reliable shall be
20admissible at the hearing. In all cases, the judge shall enter
21an order permitting prosecution under the criminal laws of
22Illinois unless the judge makes a finding based on a
23preponderance of the evidence that the minor would be amenable
24to the care, treatment, and training programs available
25through the facilities of the juvenile court based on an
26evaluation of the factors listed in this subsection (10).

 

 

HB3494- 6 -LRB102 02816 RLC 12824 b

1    (11) The changes made to this Section by Public Act 98-61
2apply to a minor who has been arrested or taken into custody on
3or after January 1, 2014 (the effective date of Public Act
498-61).
5(Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14;
699-258, eff. 1-1-16.)