Full Text of SB0283 94th General Assembly
SB0283eng 94TH GENERAL ASSEMBLY
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SB0283 Engrossed |
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LRB094 07534 RLC 37701 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Unified Code of Corrections is amended by | 5 |
| changing Sections 5-130, 5-805, and 5-810 and by adding Section | 6 |
| 5-821 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 | 10 |
| 5-120 of this
Article shall not apply to any minor who at the | 11 |
| time of an offense was at
least 15 years of age and who is | 12 |
| charged with : (i) first degree murder, (ii) aggravated
criminal | 13 |
| sexual assault, (iii) aggravated battery with a firearm | 14 |
| committed in a
school, on the real property comprising a | 15 |
| school, within 1,000 feet of the real
property comprising a | 16 |
| school, at a school related activity, or on, boarding, or
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| departing from any conveyance owned, leased, or contracted by a | 18 |
| school or
school district to transport
students to or from | 19 |
| school or a school related activity regardless of the time
of | 20 |
| day or time of year that the offense was committed,
where the | 21 |
| minor personally discharged a firearm as defined in Section | 22 |
| 2-15.5 of the Criminal Code of 1961, (iv) armed robbery when | 23 |
| the
armed robbery was committed with a firearm, or (v)
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| aggravated vehicular hijacking
when the hijacking was | 25 |
| committed with a firearm.
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| These charges and all other charges arising out of the same | 27 |
| incident shall
be prosecuted under the criminal laws of this | 28 |
| State.
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| For purposes of this paragraph (a) of subsection (l):
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| "School" means a public or private elementary or secondary | 31 |
| school, community
college, college, or university.
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| "School related activity" means any sporting, social, |
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LRB094 07534 RLC 37701 b |
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| academic or other
activity for which students' attendance or | 2 |
| participation is sponsored,
organized, or funded in whole or in | 3 |
| part by a school or school district.
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| (b) (i) If before trial or plea an information or | 5 |
| indictment is filed that
does not charge an offense specified | 6 |
| in paragraph (a) of this subsection
(1) the State's Attorney | 7 |
| may proceed on any lesser charge or charges, but
only in | 8 |
| Juvenile Court under the provisions of this Article. The | 9 |
| State's
Attorney may proceed under the Criminal Code of 1961 on | 10 |
| a lesser charge if
before trial the minor defendant knowingly | 11 |
| and with advice of counsel waives,
in writing, his or her right | 12 |
| to have the matter proceed in Juvenile Court.
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| (ii) If before trial or plea an information or indictment | 14 |
| is filed that
includes one or more charges specified in | 15 |
| paragraph (a) of this subsection
(1) and
additional charges | 16 |
| that are not specified in that paragraph, all of the charges
| 17 |
| arising out of the same incident shall be prosecuted under the | 18 |
| Criminal Code of
1961.
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| (c) (i) If after trial or plea the minor is convicted of | 20 |
| any offense
covered by paragraph (a) of this subsection (1), | 21 |
| then, in sentencing the minor,
the court shall have available | 22 |
| any or all dispositions prescribed for that
offense under | 23 |
| Chapter V of the Unified Code of Corrections.
| 24 |
| (ii) If after trial or plea the court finds that the minor | 25 |
| committed an
offense not covered by paragraph (a) of this | 26 |
| subsection (1), that finding shall
not invalidate the verdict | 27 |
| or the prosecution of the minor under the criminal
laws of the | 28 |
| State; however, unless the State requests a hearing for the
| 29 |
| purpose of sentencing the minor under Chapter V of the Unified | 30 |
| Code of
Corrections, the Court must proceed under Sections | 31 |
| 5-705 and 5-710 of this
Article. To request a hearing, the | 32 |
| State must file a written motion within 10
days following the | 33 |
| entry of a finding or the return of a verdict. Reasonable
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| notice of the motion shall be given to the minor or his or her | 35 |
| counsel.
If the motion is made by the State, the court shall | 36 |
| conduct a hearing to
determine if the minor should be sentenced |
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LRB094 07534 RLC 37701 b |
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| under Chapter V of the Unified Code
of Corrections. In making | 2 |
| its determination, the court shall consider among
other | 3 |
| matters: (a) whether there is
evidence that the offense was | 4 |
| committed in an aggressive and premeditated
manner; (b) the age | 5 |
| of the minor; (c) the previous history of the
minor; (d) | 6 |
| whether there are facilities particularly available to the | 7 |
| Juvenile
Court or the Department of Corrections, Juvenile | 8 |
| Division, for the treatment
and rehabilitation of the minor; | 9 |
| (e) whether
the security of the public requires sentencing | 10 |
| under Chapter V of the
Unified Code of Corrections; and (f) | 11 |
| whether the minor possessed a deadly
weapon when committing the | 12 |
| offense. The rules of evidence shall be the same as
if at | 13 |
| trial. If after the hearing the court finds that the minor | 14 |
| should be
sentenced under Chapter V of the Unified Code of | 15 |
| Corrections, then the court
shall sentence the minor | 16 |
| accordingly having available to it any or all
dispositions so | 17 |
| prescribed.
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| (2) (Blank).
(a) The definition of a delinquent minor under | 19 |
| Section
5-120 of
this Article shall not apply to any minor who | 20 |
| at the time of the offense was at
least 15 years of age and who | 21 |
| is charged with an offense under Section 401 of
the Illinois | 22 |
| Controlled Substances Act, while in a school, regardless of the
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| time of day or the time of year, or any conveyance owned, | 24 |
| leased or contracted
by a school to transport students to or | 25 |
| from school or a school related
activity, or residential | 26 |
| property owned, operated or managed by a public
housing agency | 27 |
| or leased by a public housing agency as part of a scattered
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| site or mixed-income development, on the real property | 29 |
| comprising any school,
regardless of the time of day or the | 30 |
| time of year, or residential property
owned, operated or | 31 |
| managed by a public housing agency or leased by a public
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| housing agency as part of a scattered site or mixed-income | 33 |
| development, or
on a public way within 1,000 feet of the real | 34 |
| property comprising any school,
regardless of the time of day | 35 |
| or the time of year, or
residential property owned, operated or | 36 |
| managed by a public housing agency
or leased by a public |
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LRB094 07534 RLC 37701 b |
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| housing agency as part of a scattered site or
mixed-income | 2 |
| development. School is defined, for the purposes of this | 3 |
| Section,
as any public or private elementary or secondary | 4 |
| school, community college,
college, or university. These | 5 |
| charges and all other charges arising out of the
same incident | 6 |
| shall be prosecuted under the criminal laws of this State.
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| (b) (i) If before trial or plea an information or | 8 |
| indictment is filed
that
does not charge an offense specified | 9 |
| in paragraph (a) of this subsection (2)
the State's Attorney | 10 |
| may proceed on any lesser charge or charges, but only in
| 11 |
| Juvenile Court under the provisions of this Article. The | 12 |
| State's Attorney may
proceed under the criminal laws of this | 13 |
| State on a lesser charge if before
trial the minor defendant | 14 |
| knowingly and with advice of counsel waives,
in writing, his or | 15 |
| her right to have the matter proceed in Juvenile Court.
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| (ii) If before trial or plea an information or indictment | 17 |
| is filed that
includes one or more charges specified in | 18 |
| paragraph (a) of this subsection (2)
and additional charges | 19 |
| that are not specified in that paragraph, all of the
charges | 20 |
| arising out of the same incident shall be prosecuted under the | 21 |
| criminal
laws of this State.
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| (c) (i) If after trial or plea the minor is convicted of | 23 |
| any offense
covered by paragraph (a) of this subsection (2), | 24 |
| then, in sentencing the minor,
the court shall have available | 25 |
| any or all dispositions prescribed for that
offense under | 26 |
| Chapter V of the Unified Code of Corrections.
| 27 |
| (ii) If after trial or plea the court finds that the minor | 28 |
| committed an
offense not covered by paragraph (a) of this | 29 |
| subsection (2), that finding shall
not invalidate the verdict | 30 |
| or the prosecution of the minor under the criminal
laws of the | 31 |
| State; however, unless the State requests a hearing for the
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| purpose of sentencing the minor under Chapter V of the Unified | 33 |
| Code of
Corrections, the Court must proceed under Sections | 34 |
| 5-705 and 5-710 of this
Article. To request a hearing, the | 35 |
| State must file a written motion within 10
days following the | 36 |
| entry of a finding or the return of a verdict. Reasonable
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SB0283 Engrossed |
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LRB094 07534 RLC 37701 b |
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| notice of the motion shall be given to the minor or his or her | 2 |
| counsel. If the
motion is made by the State, the court shall | 3 |
| conduct a hearing to determine
if the minor should be sentenced | 4 |
| under Chapter V of the Unified Code of
Corrections. In making | 5 |
| its determination, the court shall consider among
other | 6 |
| matters: (a) whether there is evidence that the offense was | 7 |
| committed
in an aggressive and premeditated manner; (b) the age | 8 |
| of the minor; (c) the
previous history of the minor; (d) | 9 |
| whether there are facilities particularly
available to the | 10 |
| Juvenile Court or the Department of Corrections, Juvenile
| 11 |
| Division, for the treatment and rehabilitation of the minor; | 12 |
| (e) whether the
security of the public requires sentencing | 13 |
| under Chapter V of the Unified Code
of Corrections; and (f) | 14 |
| whether the minor possessed a deadly weapon when
committing the | 15 |
| offense. The rules of evidence shall be the same as if at
| 16 |
| trial. If after the hearing the court finds that the minor | 17 |
| should be sentenced
under Chapter V of the Unified Code of | 18 |
| Corrections, then the court shall
sentence the minor | 19 |
| accordingly having available to it any or all dispositions
so | 20 |
| prescribed.
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| (3) (a) The definition of delinquent minor under Section
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| 5-120 of this
Article shall not apply to any minor who at the | 23 |
| time of the offense was at
least 15 years of age and who is | 24 |
| charged with a violation of the provisions of
paragraph (1), | 25 |
| (3), (4), or (10) of subsection (a) of Section 24-1 of the
| 26 |
| Criminal Code of 1961 while in school, regardless of the time | 27 |
| of day or the
time of year, or on the real property comprising | 28 |
| any school, regardless of the
time of day or the time of year. | 29 |
| School is defined, for purposes of this
Section as any public | 30 |
| or private elementary or secondary school, community
college, | 31 |
| college, or university. These charges and all other charges | 32 |
| arising
out of the same incident shall be prosecuted under the | 33 |
| criminal laws of this
State.
| 34 |
| (b) (i) If before trial or plea an information or | 35 |
| indictment is filed that
does not charge an offense specified | 36 |
| in paragraph (a) of this subsection (3)
the State's Attorney |
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SB0283 Engrossed |
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LRB094 07534 RLC 37701 b |
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| 1 |
| may proceed on any lesser charge or charges, but only in
| 2 |
| Juvenile Court under the provisions of this Article. The | 3 |
| State's Attorney may
proceed under the criminal laws of this | 4 |
| State on a lesser charge if before
trial the minor defendant | 5 |
| knowingly and with advice of counsel waives, in
writing, his or | 6 |
| her right to have the matter proceed in Juvenile Court.
| 7 |
| (ii) If before trial or plea an information or indictment | 8 |
| is filed that
includes one or more charges specified in | 9 |
| paragraph (a) of this subsection (3)
and additional charges | 10 |
| that are not specified in that paragraph, all of the
charges | 11 |
| arising out of the same incident shall be prosecuted under the | 12 |
| criminal
laws of this State.
| 13 |
| (c) (i) If after trial or plea the minor is convicted of | 14 |
| any offense
covered by paragraph (a) of this subsection (3), | 15 |
| then, in sentencing the minor,
the court shall have available | 16 |
| any or all dispositions prescribed for that
offense under | 17 |
| Chapter V of the Unified Code of Corrections.
| 18 |
| (ii) If after trial or plea the court finds that the minor | 19 |
| committed an
offense not covered by paragraph (a) of this | 20 |
| subsection (3), that finding shall
not invalidate the verdict | 21 |
| or the prosecution of the minor under the criminal
laws of the | 22 |
| State; however, unless the State requests a hearing for the
| 23 |
| purpose of sentencing the minor under Chapter V of the Unified | 24 |
| Code of
Corrections, the Court must proceed under Sections | 25 |
| 5-705 and 5-710 of this
Article. To request a hearing, the | 26 |
| State must file a written motion within 10
days following the | 27 |
| entry of a finding or the return of a verdict. Reasonable
| 28 |
| notice of the motion shall be given to the minor or his or her | 29 |
| counsel. If the
motion is made by the State, the court shall | 30 |
| conduct a hearing to determine if
the minor should be sentenced | 31 |
| under Chapter V of the Unified Code of
Corrections. In making | 32 |
| its determination, the court shall consider
among other | 33 |
| matters: (a) whether there is
evidence that the offense was | 34 |
| committed in an aggressive and premeditated
manner; (b) the age | 35 |
| of the minor; (c) the previous history of the
minor; (d) | 36 |
| whether there are facilities particularly available to the |
|
|
|
SB0283 Engrossed |
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LRB094 07534 RLC 37701 b |
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| 1 |
| Juvenile
Court or the Department of Corrections, Juvenile | 2 |
| Division, for the treatment
and rehabilitation of the minor; | 3 |
| (e) whether
the security of the public requires sentencing | 4 |
| under Chapter V of the
Unified Code of Corrections; and (f) | 5 |
| whether the minor possessed a deadly
weapon when committing the | 6 |
| offense. The rules of evidence shall be the same as
if at | 7 |
| trial. If after the hearing the court finds that the minor | 8 |
| should be
sentenced under Chapter V of the Unified Code of | 9 |
| Corrections, then the court
shall sentence the minor | 10 |
| accordingly having available to it any or all
dispositions so | 11 |
| prescribed.
| 12 |
| (4) (a) The definition of delinquent minor under Section | 13 |
| 5-120 of this
Article
shall not apply to any minor who at the | 14 |
| time of an offense was at least 13
years of age and who is | 15 |
| charged with first degree murder committed during the
course of | 16 |
| either aggravated criminal sexual assault, criminal sexual | 17 |
| assault,
or aggravated kidnaping. However, this subsection (4) | 18 |
| does not include a minor
charged with first degree murder based | 19 |
| exclusively upon the accountability
provisions of the Criminal | 20 |
| Code of 1961.
| 21 |
| (b) (i) If before trial or plea an information or | 22 |
| indictment is filed that
does not charge first degree murder | 23 |
| committed during the course of aggravated
criminal sexual | 24 |
| assault, criminal
sexual assault, or aggravated kidnaping, the | 25 |
| State's Attorney may proceed on
any lesser charge or charges, | 26 |
| but only in Juvenile Court under the provisions
of this | 27 |
| Article. The State's Attorney may proceed under the criminal | 28 |
| laws of
this State
on a lesser charge if before trial the minor | 29 |
| defendant knowingly and with
advice of counsel waives, in | 30 |
| writing, his or her right to have the matter
proceed in | 31 |
| Juvenile Court.
| 32 |
| (ii) If before trial or plea an information or
indictment | 33 |
| is filed that includes first degree murder committed during the
| 34 |
| course of aggravated criminal sexual assault, criminal sexual | 35 |
| assault, or
aggravated kidnaping, and additional charges that | 36 |
| are not specified in
paragraph (a) of this subsection, all of |
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SB0283 Engrossed |
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LRB094 07534 RLC 37701 b |
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| 1 |
| the charges arising out of the same
incident shall be | 2 |
| prosecuted under the criminal laws of this State.
| 3 |
| (c) (i) If after trial or plea the minor is convicted of | 4 |
| first degree
murder
committed during the course of aggravated | 5 |
| criminal sexual assault, criminal
sexual assault, or | 6 |
| aggravated kidnaping, in sentencing the minor, the court
shall | 7 |
| have available any or all dispositions prescribed for that | 8 |
| offense under
Chapter V of the Unified Code of Corrections.
| 9 |
| (ii) If the minor was not yet 15
years of age at the time of | 10 |
| the offense, and if after trial or plea the court
finds that | 11 |
| the minor
committed an offense other than first degree murder | 12 |
| committed during
the course of either aggravated criminal | 13 |
| sexual assault, criminal sexual
assault, or aggravated | 14 |
| kidnapping, the finding shall not invalidate the
verdict or the | 15 |
| prosecution of the minor under the criminal laws of the State;
| 16 |
| however, unless the State requests a hearing for the purpose of | 17 |
| sentencing the
minor under
Chapter V of the Unified Code of | 18 |
| Corrections, the Court must proceed under
Sections 5-705 and | 19 |
| 5-710 of this Article. To request a hearing, the State must
| 20 |
| file a written motion within 10 days following the entry of a | 21 |
| finding or the
return of a verdict. Reasonable notice of the | 22 |
| motion shall be given to the
minor or his or her counsel. If | 23 |
| the motion is made by the State, the court
shall conduct a | 24 |
| hearing to determine whether the minor should be sentenced
| 25 |
| under Chapter V of the
Unified Code of Corrections. In making | 26 |
| its determination, the court shall
consider among other | 27 |
| matters: (a) whether there is evidence that the offense
was | 28 |
| committed in an
aggressive and premeditated manner; (b) the age | 29 |
| of the minor; (c) the
previous delinquent history of the minor; | 30 |
| (d) whether there are facilities
particularly available to the | 31 |
| Juvenile Court or the Department of Corrections,
Juvenile | 32 |
| Division,
for the treatment and rehabilitation of the minor; | 33 |
| (e) whether the best
interest of the minor and the security of | 34 |
| the public require sentencing under
Chapter V of the Unified | 35 |
| Code of Corrections; and (f) whether the minor
possessed a | 36 |
| deadly weapon when committing the offense. The rules of |
|
|
|
SB0283 Engrossed |
- 9 - |
LRB094 07534 RLC 37701 b |
|
| 1 |
| evidence
shall be the same as if at trial. If after the hearing | 2 |
| the court finds that
the minor should be sentenced under | 3 |
| Chapter V of the Unified Code of
Corrections, then the court | 4 |
| shall sentence the minor accordingly having
available to it any | 5 |
| or all dispositions so prescribed.
| 6 |
| (5) (a) The definition of delinquent minor under Section | 7 |
| 5-120 of this
Article
shall not apply to any minor who is | 8 |
| charged with a violation of subsection (a)
of Section 31-6 or | 9 |
| Section 32-10 of the Criminal Code of 1961 when the minor is
| 10 |
| subject to prosecution under the criminal laws of this State as | 11 |
| a result of the
application of the provisions of Section 5-125, | 12 |
| or subsection (1) or (2) of
this Section. These charges and all | 13 |
| other charges arising out of the same
incident shall be | 14 |
| prosecuted under the criminal laws of this State.
| 15 |
| (b) (i) If before trial or plea an information or | 16 |
| indictment is filed that
does not charge an offense specified | 17 |
| in paragraph (a) of this subsection (5),
the State's Attorney | 18 |
| may proceed on any lesser charge or charges, but only in
| 19 |
| Juvenile Court under the provisions of this Article. The | 20 |
| State's Attorney may
proceed under the criminal laws of this | 21 |
| State on a lesser charge if before
trial the minor defendant | 22 |
| knowingly and with advice of counsel waives, in
writing, his or | 23 |
| her right to have the matter proceed in Juvenile Court.
| 24 |
| (ii) If before trial
or plea an information or indictment | 25 |
| is filed that includes one or more charges
specified in | 26 |
| paragraph (a) of this subsection (5) and additional charges | 27 |
| that
are not specified in that paragraph, all of
the charges | 28 |
| arising out of the same incident shall be prosecuted under the
| 29 |
| criminal laws of this State.
| 30 |
| (c) (i) If after trial or plea the minor is convicted of | 31 |
| any offense
covered
by paragraph (a) of this subsection (5), | 32 |
| then, in sentencing the minor, the
court shall have available | 33 |
| any or all dispositions prescribed for that offense
under | 34 |
| Chapter V of the Unified Code of Corrections.
| 35 |
| (ii) If after trial or
plea the court finds that the minor | 36 |
| committed an offense not covered by
paragraph (a) of
this |
|
|
|
SB0283 Engrossed |
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LRB094 07534 RLC 37701 b |
|
| 1 |
| subsection (5), the conviction shall not invalidate the verdict | 2 |
| or the
prosecution of the minor under the criminal laws of this | 3 |
| State; however,
unless the State requests a hearing for the
| 4 |
| purpose of sentencing the minor under Chapter V of the Unified | 5 |
| Code of
Corrections, the Court must proceed under Sections | 6 |
| 5-705 and 5-710 of this
Article.
To request a hearing, the | 7 |
| State must file a written motion within 10 days
following the | 8 |
| entry of a finding or the return of a verdict. Reasonable | 9 |
| notice
of the motion shall be given to the minor or his or her | 10 |
| counsel. If the motion
is made by the State, the court shall | 11 |
| conduct a hearing to determine if whether
the minor should be | 12 |
| sentenced under Chapter V of the Unified Code of
Corrections. | 13 |
| In making its determination, the court shall consider among | 14 |
| other
matters: (a) whether there is evidence that the offense | 15 |
| was committed in an
aggressive and premeditated manner; (b) the | 16 |
| age of the minor; (c) the previous
delinquent history of the | 17 |
| minor; (d) whether there are facilities particularly
available | 18 |
| to the Juvenile Court or the Department of Corrections, | 19 |
| Juvenile
Division, for the treatment and rehabilitation of the | 20 |
| minor; (e) whether
the security of the public requires | 21 |
| sentencing under Chapter V of the Unified
Code of Corrections; | 22 |
| and (f) whether the minor possessed a deadly weapon when
| 23 |
| committing the offense. The rules of evidence shall be the same | 24 |
| as if at
trial. If after the hearing the court finds that the | 25 |
| minor should be sentenced
under Chapter V of the Unified Code | 26 |
| of Corrections, then the court shall
sentence the minor | 27 |
| accordingly having available to it any or all dispositions
so | 28 |
| prescribed.
| 29 |
| (6) The definition of delinquent minor under Section 5-120 | 30 |
| of this Article
shall not apply to any minor who, pursuant to | 31 |
| subsection (1), (2), or (3) or
Section 5-805, or 5-810, has | 32 |
| previously been placed under the jurisdiction of
the criminal | 33 |
| court and has been convicted of a crime under an adult criminal | 34 |
| or
penal statute. Such a minor shall be subject to prosecution | 35 |
| under the criminal
laws of this State.
| 36 |
| (7) The procedures set out in this Article for the |
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|
|
SB0283 Engrossed |
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LRB094 07534 RLC 37701 b |
|
| 1 |
| investigation, arrest and
prosecution of juvenile offenders | 2 |
| shall not apply to minors who are excluded
from jurisdiction of | 3 |
| the Juvenile Court, except that minors under 17 years of
age | 4 |
| shall be kept separate from confined adults.
| 5 |
| (8) Nothing in this Act prohibits or limits the prosecution | 6 |
| of any
minor for an offense committed on or after his or her | 7 |
| 17th birthday even though
he or she is at the time of the | 8 |
| offense a ward of the court.
| 9 |
| (9) If an original petition for adjudication of wardship | 10 |
| alleges the
commission by a minor 13 years of age or
over of an | 11 |
| act that constitutes a crime under the laws of this State,
the | 12 |
| minor, with the consent of his or her counsel, may, at any time | 13 |
| before
commencement of the adjudicatory hearing, file with the | 14 |
| court a motion
that criminal prosecution be ordered and that | 15 |
| the petition be dismissed
insofar as the act or acts involved | 16 |
| in the criminal proceedings are
concerned. If such a motion is | 17 |
| filed as herein provided, the court shall
enter its order | 18 |
| accordingly.
| 19 |
| (10) If prior to the effective date of this amendatory Act | 20 |
| of the 94th General Assembly, a minor is charged with a | 21 |
| violation of Section 401 of the Illinois Controlled Substances | 22 |
| Act under the criminal laws of this State
subject to the | 23 |
| provisions of subsection (2) of this
Section , other than a | 24 |
| minor charged with a Class X felony violation of the
Illinois | 25 |
| Controlled
Substances Act, any party including the minor or the | 26 |
| court sua sponte
may, before trial,
move for a hearing for the | 27 |
| purpose of trying and sentencing the minor as
a delinquent | 28 |
| minor. To request a hearing, the party must file a motion
prior | 29 |
| to trial. Reasonable notice of the motion shall be given to all
| 30 |
| parties. On its own motion or upon the filing of a motion by | 31 |
| one of the
parties including the minor, the court shall conduct | 32 |
| a hearing to
determine whether the minor should be tried and | 33 |
| sentenced as a
delinquent minor under this Article. In making | 34 |
| its determination, the
court shall consider among other | 35 |
| matters:
| 36 |
| (a) The age of the minor;
|
|
|
|
SB0283 Engrossed |
- 12 - |
LRB094 07534 RLC 37701 b |
|
| 1 |
| (b) Any previous delinquent or criminal history of the | 2 |
| minor;
| 3 |
| (c) Any previous abuse or neglect history of the minor;
| 4 |
| (d) Any mental health or educational history of the minor, | 5 |
| or both; and
| 6 |
| (e) Whether there is probable cause to support the charge, | 7 |
| whether
the minor is charged through accountability, and | 8 |
| whether there is
evidence the minor possessed a deadly weapon | 9 |
| or caused serious
bodily harm during the offense.
| 10 |
| Any material that is relevant and reliable shall be | 11 |
| admissible at the
hearing. In
all cases, the judge shall enter | 12 |
| an order permitting prosecution
under the criminal laws of | 13 |
| Illinois unless the judge makes a finding
based on a | 14 |
| preponderance of the evidence that the minor would be
amenable | 15 |
| to the care, treatment, and training programs available
through | 16 |
| the facilities of the juvenile court based on an evaluation of
| 17 |
| the factors listed in this subsection (10).
| 18 |
| (Source: P.A. 91-15, eff. 1-1-00; 91-673, eff. 12-22-99; 92-16, | 19 |
| eff.
6-28-01; 92-665, eff. 1-1-03.)
| 20 |
| (705 ILCS 405/5-805)
| 21 |
| Sec. 5-805. Transfer of jurisdiction.
| 22 |
| (1) Mandatory transfers.
| 23 |
| (a) If a petition alleges commission by a minor 15 | 24 |
| years of age or older
of an act that constitutes a forcible | 25 |
| felony under the laws of this State, and
if a motion by the | 26 |
| State's Attorney to prosecute the minor under the criminal
| 27 |
| laws of Illinois for the alleged forcible felony alleges | 28 |
| that (i) the minor has
previously been adjudicated | 29 |
| delinquent or found guilty for commission of an act
that | 30 |
| constitutes a felony under the laws of this State or any | 31 |
| other state and
(ii) the act that constitutes the offense | 32 |
| was committed in furtherance of
criminal activity by an | 33 |
| organized gang, the Juvenile Judge assigned to hear and
| 34 |
| determine those motions shall, upon determining that there | 35 |
| is probable cause
that both allegations are true, enter an |
|
|
|
SB0283 Engrossed |
- 13 - |
LRB094 07534 RLC 37701 b |
|
| 1 |
| order permitting prosecution under the
criminal laws of | 2 |
| Illinois.
| 3 |
| (b) If a petition alleges commission by a minor 15 | 4 |
| years of age or older
of an act that constitutes a felony | 5 |
| under the laws of this State, and if a
motion by a State's | 6 |
| Attorney to prosecute the minor under the criminal laws of
| 7 |
| Illinois for the alleged felony alleges that (i) the minor | 8 |
| has previously been
adjudicated delinquent or found guilty | 9 |
| for commission of an act that
constitutes a forcible
felony | 10 |
| under the laws of this State or any other state and (ii) | 11 |
| the act that
constitutes the offense was committed in | 12 |
| furtherance of criminal activities by
an organized gang, | 13 |
| the Juvenile Judge assigned to hear and determine those
| 14 |
| motions shall, upon determining that there is probable | 15 |
| cause that both
allegations are true, enter an order | 16 |
| permitting prosecution under the criminal
laws of | 17 |
| Illinois.
| 18 |
| (c) If a petition alleges commission by a minor 15 | 19 |
| years of age or older
of: (i) an act that constitutes an | 20 |
| offense enumerated in the presumptive
transfer provisions | 21 |
| of subsection (2); and (ii) the minor has previously been
| 22 |
| adjudicated delinquent or found guilty of a forcible | 23 |
| felony, the Juvenile Judge
designated to hear and determine | 24 |
| those motions shall, upon determining that
there is | 25 |
| probable cause that both allegations are true, enter an | 26 |
| order
permitting prosecution under the criminal laws of | 27 |
| Illinois.
| 28 |
| (d) If a petition alleges commission by a minor 15 | 29 |
| years of age or older
of an act that constitutes the | 30 |
| offense of aggravated discharge of a firearm
committed in a | 31 |
| school, on the real property comprising a school, within | 32 |
| 1,000
feet of the real property comprising a school, at a | 33 |
| school related activity, or
on, boarding, or departing from | 34 |
| any conveyance owned, leased, or contracted by
a school or | 35 |
| school district to transport students to or from school or | 36 |
| a school
related activity, regardless of the time of day or |
|
|
|
SB0283 Engrossed |
- 14 - |
LRB094 07534 RLC 37701 b |
|
| 1 |
| the time of year, the
juvenile judge designated to hear and | 2 |
| determine those motions shall, upon
determining that there | 3 |
| is probable cause that the allegations are true, enter
an | 4 |
| order permitting prosecution under the criminal laws of | 5 |
| Illinois.
| 6 |
| For purposes of this paragraph (d) of subsection (1):
| 7 |
| "School" means a public or private
elementary or | 8 |
| secondary school, community college, college, or | 9 |
| university.
| 10 |
| "School related activity" means any sporting, social, | 11 |
| academic, or other
activity for which students' attendance | 12 |
| or participation is sponsored,
organized, or funded in | 13 |
| whole or in part by a school or school district.
| 14 |
| (2) Presumptive transfer.
| 15 |
| (a) If the State's Attorney files a petition, at any | 16 |
| time prior to
commencement of the minor's trial, to permit | 17 |
| prosecution under the criminal
laws and the petition | 18 |
| alleges the commission by a minor 15 years of age or
older
| 19 |
| of: (i) a Class X felony other than armed violence; (ii) | 20 |
| aggravated discharge
of a firearm; (iii) armed violence | 21 |
| with a firearm when the predicate offense
is a Class 1 or | 22 |
| Class 2 felony and the State's Attorney's motion to | 23 |
| transfer
the case alleges that the offense committed is in | 24 |
| furtherance of the criminal
activities of an organized | 25 |
| gang; (iv) armed violence with a firearm when the
predicate | 26 |
| offense is a violation of the Illinois Controlled | 27 |
| Substances Act
or a violation of the Cannabis Control Act; | 28 |
| (v) armed violence when the
weapon involved was a machine | 29 |
| gun or other weapon described in subsection
(a)(7) of | 30 |
| Section 24-1 of the Criminal Code of 1961 ; (vi) an act in | 31 |
| violation of Section 401 of the Illinois Controlled | 32 |
| Substances Act which is a Class X felony, while in a | 33 |
| school, regardless of the time of day or the time of year, | 34 |
| or on any conveyance owned, leased, or contracted by a | 35 |
| school to transport students to or from school or a school | 36 |
| related activity, or on residential property owned, |
|
|
|
SB0283 Engrossed |
- 15 - |
LRB094 07534 RLC 37701 b |
|
| 1 |
| operated, or managed by a public housing agency or leased | 2 |
| by a public housing agency as part of a scattered site or | 3 |
| mixed-income development; or (vii) an act in violation of | 4 |
| Section 401 of the Illinois Controlled Substances Act and | 5 |
| the offense is alleged to have occurred while in a school | 6 |
| or on a public way within 1,000 feet of the real property | 7 |
| comprising any school, regardless of the time of day or the | 8 |
| time of year when the delivery or intended delivery of any | 9 |
| amount of the controlled substance is to a person under 17 | 10 |
| years of age, (to qualify for a presumptive transfer under | 11 |
| paragraph (vi) or (vii) of this clause (2) (a), the | 12 |
| violation cannot be based upon subsection (b) of Section | 13 |
| 407 of the Illinois Controlled Substances Act) , and, if the | 14 |
| juvenile judge
assigned to hear and determine motions to | 15 |
| transfer a case for prosecution in
the criminal court | 16 |
| determines that there is probable cause to believe that the
| 17 |
| allegations in the petition and motion are true, there is a | 18 |
| rebuttable
presumption that the minor is not a fit and | 19 |
| proper subject to be dealt with
under the Juvenile Justice | 20 |
| Reform Provisions of 1998 (Public Act 90-590),
and that, | 21 |
| except as provided in paragraph (b), the case should be | 22 |
| transferred
to the criminal court.
| 23 |
| (b) The judge shall enter an order permitting | 24 |
| prosecution under the
criminal laws of Illinois unless the | 25 |
| judge makes a finding based on clear and
convincing | 26 |
| evidence that the minor would be amenable to the care, | 27 |
| treatment,
and training programs available through the | 28 |
| facilities of the juvenile court
based on an evaluation of | 29 |
| the following:
| 30 |
| (i) the age of the minor;
| 31 |
| (ii) the history of the minor, including:
| 32 |
| (a) any previous delinquent or criminal history of | 33 |
| the minor, | 34 |
| (b) any previous abuse or neglect history of the | 35 |
| minor, and
| 36 |
| (c) any mental health, physical or educational |
|
|
|
SB0283 Engrossed |
- 16 - |
LRB094 07534 RLC 37701 b |
|
| 1 |
| history of the minor or combination of these factors;
| 2 |
| (iii) the circumstances of the offense, including:
| 3 |
| (a) the seriousness of the offense,
| 4 |
| (b) whether the minor is charged through | 5 |
| accountability,
| 6 |
| (c) whether there is evidence the offense was | 7 |
| committed in an aggressive and premeditated manner,
| 8 |
| (d) whether there is evidence the offense caused | 9 |
| serious bodily harm,
| 10 |
| (e) whether there is evidence the minor possessed a | 11 |
| deadly weapon;
| 12 |
| (iv) the advantages of treatment within the juvenile | 13 |
| justice system including whether there are facilities or | 14 |
| programs, or both, particularly available in the juvenile | 15 |
| system;
| 16 |
| (v) whether the security of the public requires | 17 |
| sentencing under Chapter V of the Unified Code of | 18 |
| Corrections:
| 19 |
| (a) the minor's history of services, including the | 20 |
| minor's willingness to participate meaningfully in | 21 |
| available services;
| 22 |
| (b) whether there is a reasonable likelihood that | 23 |
| the minor can be rehabilitated before the expiration of | 24 |
| the juvenile court's jurisdiction;
| 25 |
| (c) the adequacy of the punishment or services.
| 26 |
| (i) The seriousness of the alleged offense;
| 27 |
| (ii) The minor's history of delinquency;
| 28 |
| (iii) The age of the minor;
| 29 |
| (iv) The culpability of the minor in committing the | 30 |
| alleged offense;
| 31 |
| (v) Whether the offense was committed in an aggressive | 32 |
| or premeditated
manner;
| 33 |
| (vi) Whether the minor used or possessed a deadly | 34 |
| weapon when
committing the alleged offense;
| 35 |
| (vii) The minor's history of services, including the | 36 |
| minor's willingness
to
participate meaningfully in |
|
|
|
SB0283 Engrossed |
- 17 - |
LRB094 07534 RLC 37701 b |
|
| 1 |
| available services;
| 2 |
| (viii) Whether there is a reasonable likelihood that | 3 |
| the minor can be
rehabilitated before the expiration of the | 4 |
| juvenile court's jurisdiction;
| 5 |
| (ix) The adequacy of the punishment or services | 6 |
| available in the
juvenile justice system.
| 7 |
| In considering these factors, the court shall give greater
| 8 |
| weight to the seriousness of the alleged offense and the | 9 |
| minor's prior record
of delinquency than to the other factors | 10 |
| listed in this subsection.
| 11 |
| For purposes of clauses (2)(a) (vi) and (vii): | 12 |
| "School" means a public or private elementary or | 13 |
| secondary school, community college, college, or | 14 |
| university. | 15 |
| "School related activity" means any sporting, | 16 |
| social, academic, or other activity for which | 17 |
| students' attendance or participation is sponsored, | 18 |
| organized, or funded in whole or in part by a school or | 19 |
| school district.
| 20 |
| (3) Discretionary transfer.
| 21 |
| (a) If a petition alleges commission by a minor 13 | 22 |
| years of age or over of
an act that constitutes a crime | 23 |
| under the laws of this State and, on motion of
the State's | 24 |
| Attorney to permit prosecution of the minor under the | 25 |
| criminal
laws, a Juvenile Judge assigned by the Chief Judge | 26 |
| of the Circuit to hear and
determine those motions, after | 27 |
| hearing but before commencement of the
trial, finds that | 28 |
| there is probable cause to believe that the
allegations in | 29 |
| the motion are true and that it is not in the best | 30 |
| interests
of the public to proceed under this Act, the | 31 |
| court may enter an
order permitting prosecution under the | 32 |
| criminal laws.
| 33 |
| (b) In making its determination on the motion to permit | 34 |
| prosecution under
the criminal laws, the court shall | 35 |
| consider among other matters:
| 36 |
| (i) the age of the minor;
|
|
|
|
SB0283 Engrossed |
- 18 - |
LRB094 07534 RLC 37701 b |
|
| 1 |
| (ii) the history of the minor, including:
| 2 |
| (a) any previous delinquent or criminal history of | 3 |
| the minor,
| 4 |
| (b) any previous abuse or neglect history of the | 5 |
| minor, and
| 6 |
| (c) any mental health, physical, or educational | 7 |
| history of the minor or combination of these factors;
| 8 |
| (iii) the circumstances of the offense, including:
| 9 |
| (a) the seriousness of the offense,
| 10 |
| (b) whether the minor is charged through | 11 |
| accountability,
| 12 |
| (c) whether there is evidence the offense was | 13 |
| committed in an aggressive and premeditated manner,
| 14 |
| (d) whether there is evidence the offense caused | 15 |
| serious bodily harm,
| 16 |
| (e) whether there is evidence the minor possessed a | 17 |
| deadly weapon;
| 18 |
| (iv) the advantages of treatment within the juvenile | 19 |
| justice system including whether there are facilities or | 20 |
| programs, or both, particularly available in the juvenile | 21 |
| system;
| 22 |
| (v) whether the security of the public requires | 23 |
| sentencing under Chapter V of the Unified Code of | 24 |
| Corrections:
| 25 |
| (a) the minor's history of services, including the | 26 |
| minor's willingness to participate meaningfully in | 27 |
| available services;
| 28 |
| (b) whether there is a reasonable likelihood that | 29 |
| the minor can be rehabilitated before the expiration of | 30 |
| the juvenile court's jurisdiction;
| 31 |
| (c) the adequacy of the punishment or services.
| 32 |
| ( i) The seriousness of the alleged offense;
| 33 |
| (ii) The minor's history of delinquency;
| 34 |
| ( iii) The age of the minor;
| 35 |
| (iv) The culpability of the minor in committing the | 36 |
| alleged offense;
|
|
|
|
SB0283 Engrossed |
- 19 - |
LRB094 07534 RLC 37701 b |
|
| 1 |
| (v) Whether the offense was committed in an aggressive | 2 |
| or premeditated
manner;
| 3 |
| (vi) Whether the minor used or possessed a deadly | 4 |
| weapon when committing
the alleged offense;
| 5 |
| (vii) The minor's history of services, including the | 6 |
| minor's willingness
to participate meaningfully in | 7 |
| available services;
| 8 |
| (viii) The adequacy of the punishment or services | 9 |
| available in the
juvenile justice system.
| 10 |
| In considering these factors, the court shall give greater
| 11 |
| weight to the seriousness of the alleged offense and the | 12 |
| minor's prior record
of delinquency than to the other factors | 13 |
| listed in this subsection.
| 14 |
| (4) The rules of evidence for this hearing shall be the | 15 |
| same as under
Section 5-705 of this Act. A minor must be | 16 |
| represented in court by counsel
before the hearing may be | 17 |
| commenced.
| 18 |
| (5) If criminal proceedings are instituted, the petition | 19 |
| for adjudication
of wardship shall be dismissed insofar as the | 20 |
| act or acts involved in the
criminal proceedings. Taking of | 21 |
| evidence in a trial on petition for
adjudication of wardship is | 22 |
| a bar to criminal proceedings based upon the
conduct alleged in | 23 |
| the petition.
| 24 |
| (Source: P.A. 90-590, eff. 1-1-99; 91-15, eff. 1-1-00; 91-357, | 25 |
| eff.
7-29-99.)
| 26 |
| (705 ILCS 405/5-810)
| 27 |
| Sec. 5-810. Extended jurisdiction juvenile prosecutions.
| 28 |
| (1) If the State's Attorney files a petition, at any time | 29 |
| prior to
commencement of the
minor's trial, to designate the | 30 |
| proceeding as an extended jurisdiction juvenile
prosecution | 31 |
| and the petition alleges the commission by a minor 13 years of | 32 |
| age
or
older of any offense which would be a felony if | 33 |
| committed by an adult, and, if
the
juvenile judge
assigned to | 34 |
| hear and determine petitions to designate the proceeding as an
| 35 |
| extended jurisdiction juvenile prosecution determines that |
|
|
|
SB0283 Engrossed |
- 20 - |
LRB094 07534 RLC 37701 b |
|
| 1 |
| there is probable
cause to believe that the allegations in the | 2 |
| petition and motion are true,
there is a rebuttable presumption | 3 |
| that the proceeding shall be designated as an
extended | 4 |
| jurisdiction juvenile proceeding.
| 5 |
| (b) The judge shall enter an order designating the | 6 |
| proceeding as an
extended jurisdiction juvenile proceeding | 7 |
| unless the judge makes a finding
based on clear and convincing | 8 |
| evidence that sentencing under the Chapter V of
the Unified | 9 |
| Code of Corrections would not be appropriate for the minor | 10 |
| based on
an evaluation of the
following factors:
| 11 |
| (i) the age of the minor;
| 12 |
| (ii) the history of the minor, including:
| 13 |
| (a) any previous delinquent or criminal history of | 14 |
| the minor,
| 15 |
| (b) any previous abuse or neglect history of the | 16 |
| minor, and
| 17 |
| (c) any mental health, physical and/or educational | 18 |
| history of the minor;
| 19 |
| (iii) the circumstances of the offense, including:
| 20 |
| (a) the seriousness of the offense,
| 21 |
| (b) whether the minor is charged through | 22 |
| accountability,
| 23 |
| (c) whether there is evidence the offense was | 24 |
| committed in an aggressive and premeditated manner,
| 25 |
| (d) whether there is evidence the offense caused | 26 |
| serious bodily harm,
| 27 |
| (e) whether there is evidence the minor possessed a | 28 |
| deadly weapon;
| 29 |
| (iv) the advantages of treatment within the juvenile | 30 |
| justice system including whether there are facilities or | 31 |
| programs, or both, particularly available in the juvenile | 32 |
| system;
| 33 |
| (v) whether the security of the public requires | 34 |
| sentencing under Chapter V of the Unified Code of | 35 |
| Corrections:
| 36 |
| (a) the minor's history of services, including the |
|
|
|
SB0283 Engrossed |
- 21 - |
LRB094 07534 RLC 37701 b |
|
| 1 |
| minor's willingness to participate meaningfully in | 2 |
| available services;
| 3 |
| (b) whether there is a reasonable likelihood that | 4 |
| the minor can be rehabilitated before the expiration of | 5 |
| the juvenile court's jurisdiction;
| 6 |
| (c) the adequacy of the punishment or services.
| 7 |
| (i) The seriousness of the alleged offense;
| 8 |
| ( ii) The minor's history of delinquency;
| 9 |
| (iii) The age of the minor;
| 10 |
| (iv) The culpability of the minor in committing the | 11 |
| alleged offense;
| 12 |
| ( v) Whether the offense was committed in an aggressive | 13 |
| or premeditated
manner;
| 14 |
| ( vi) Whether the minor used or possessed a deadly | 15 |
| weapon when
committing the alleged offense.
| 16 |
| In considering these factors, the court shall give greater | 17 |
| weight to the
seriousness of the alleged offense and the | 18 |
| minor's prior record of delinquency
than to other factors | 19 |
| listed in this subsection.
| 20 |
| (2) Procedures for extended
jurisdiction juvenile | 21 |
| prosecutions.
| 22 |
| (a) The State's Attorney may file a written motion for | 23 |
| a proceeding to be
designated as an extended juvenile | 24 |
| jurisdiction prior to
commencement of trial. Notice of the | 25 |
| motion shall be in
compliance with
Section 5-530. When the | 26 |
| State's Attorney files a written motion that a
proceeding | 27 |
| be designated an extended jurisdiction juvenile | 28 |
| prosecution, the
court shall commence a hearing within 30 | 29 |
| days of the filing of the motion for
designation, unless | 30 |
| good cause is shown by the prosecution or the minor as to
| 31 |
| why the hearing could not be held within this time period. | 32 |
| If the court finds
good cause has been demonstrated, then | 33 |
| the hearing shall be held within 60 days
of the filing of | 34 |
| the motion. The hearings shall be open to the public unless
| 35 |
| the judge finds that the hearing should be closed for the | 36 |
| protection of any
party, victim or witness. If the Juvenile |
|
|
|
SB0283 Engrossed |
- 22 - |
LRB094 07534 RLC 37701 b |
|
| 1 |
| Judge
assigned to hear and determine a motion to designate | 2 |
| an extended jurisdiction
juvenile prosecution determines | 3 |
| that there is probable cause to believe that
the | 4 |
| allegations in the petition and motion are true the court | 5 |
| shall grant the
motion for designation. Information used by | 6 |
| the court in its findings or
stated in or offered in | 7 |
| connection with this Section may be by way of proffer
based | 8 |
| on reliable information offered by the State or the minor. | 9 |
| All evidence
shall be admissible if it is relevant and | 10 |
| reliable regardless of whether it
would be admissible under | 11 |
| the rules of evidence.
| 12 |
| (3) Trial. A minor who is subject of an extended | 13 |
| jurisdiction juvenile
prosecution has the right to trial by | 14 |
| jury. Any trial under this Section shall
be open to the public.
| 15 |
| (4) Sentencing. If an extended jurisdiction juvenile | 16 |
| prosecution under
subsections (1)
results in a guilty plea, a | 17 |
| verdict of guilty, or a finding of guilt,
the court shall | 18 |
| impose the following:
| 19 |
| (i) one or more juvenile sentences under Section 5-710; | 20 |
| and
| 21 |
| (ii) an adult criminal sentence in accordance with the | 22 |
| provisions of
Chapter V of the
Unified Code of
Corrections, | 23 |
| the execution of which shall be stayed on the condition | 24 |
| that the
offender not violate the provisions of the | 25 |
| juvenile sentence.
| 26 |
| Any sentencing hearing under
this Section shall be open to the | 27 |
| public.
| 28 |
| (5) If, after an extended jurisdiction juvenile | 29 |
| prosecution trial, a minor
is convicted of a lesser-included | 30 |
| offense or of an offense that the State's
Attorney did not | 31 |
| designate as an extended jurisdiction juvenile prosecution,
| 32 |
| the State's Attorney may file a written motion, within 10 days | 33 |
| of the finding
of guilt, that
the minor be sentenced as an | 34 |
| extended jurisdiction juvenile prosecution
offender. The court | 35 |
| shall rule on this motion using the factors found in
paragraph | 36 |
| (1) (b) of Section 5-805. If the court denies the State's |
|
|
|
SB0283 Engrossed |
- 23 - |
LRB094 07534 RLC 37701 b |
|
| 1 |
| Attorney's
motion for
sentencing under the extended | 2 |
| jurisdiction juvenile prosecution provision, the
court shall | 3 |
| proceed to sentence the minor under Section 5-710.
| 4 |
| (6) When it appears that a minor convicted in an extended | 5 |
| jurisdiction
juvenile prosecution under subsection (1) has | 6 |
| violated the
conditions of his or her sentence, or is alleged | 7 |
| to have committed a new
offense upon the filing of a petition | 8 |
| to revoke the stay, the
court may, without notice, issue a | 9 |
| warrant for the arrest of the minor.
After a hearing, if the | 10 |
| court finds by a
preponderance of the evidence that the minor | 11 |
| committed a new offense, the
court shall order execution of the | 12 |
| previously
imposed adult criminal sentence.
After a hearing, if | 13 |
| the court finds by a preponderance of the evidence
that the | 14 |
| minor committed a violation of his or her sentence other than | 15 |
| by a new
offense, the court may order execution of the | 16 |
| previously imposed adult criminal
sentence or may continue him | 17 |
| or her on the existing juvenile sentence with or
without | 18 |
| modifying or enlarging the conditions.
Upon revocation of the | 19 |
| stay of the adult criminal sentence
and imposition of
that | 20 |
| sentence, the minor's extended jurisdiction juvenile status | 21 |
| shall be
terminated.
The on-going jurisdiction over the minor's | 22 |
| case shall be assumed by the adult
criminal court and juvenile | 23 |
| court jurisdiction shall be terminated and a report
of
the | 24 |
| imposition of the adult sentence shall be sent to the | 25 |
| Department of State
Police.
| 26 |
| (7) Upon successful completion of the juvenile sentence the | 27 |
| court shall
vacate the adult criminal sentence.
| 28 |
| (8) Nothing in this Section precludes the State from filing | 29 |
| a motion for
transfer under Section 5-805.
| 30 |
| (Source: P.A. 90-590, eff. 1-1-99.)
| 31 |
| (705 ILCS 405/5-821 new)
| 32 |
| Sec. 5-821. Legislative report. The General Assembly | 33 |
| recognizes that the issue of trial of youth in adult court | 34 |
| continues to command the General Assembly's attention. The | 35 |
| intent of the General Assembly is to encourage the use of |
|
|
|
SB0283 Engrossed |
- 24 - |
LRB094 07534 RLC 37701 b |
|
| 1 |
| appropriate transfer to adult court for youth. It is further | 2 |
| the intent of the General Assembly to have the changes in this | 3 |
| amendatory Act of the 94th General Assembly studied to | 4 |
| determine the impact of this amendatory Act on the youth in | 5 |
| Illinois. The General Assembly authorizes the Illinois | 6 |
| Criminal Justice Information Authority to commission a study on | 7 |
| the changes in jurisdiction made in this amendatory Act and | 8 |
| requests that the Illinois Criminal Justice Information | 9 |
| Authority provide a written report to the General Assembly 3 | 10 |
| years after the effective date of this amendatory Act of the | 11 |
| 94th General Assembly.
| 12 |
| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law. |
|