Full Text of SB0283 94th General Assembly
SB0283sam001 94TH GENERAL ASSEMBLY
|
Sen. John J. Cullerton
Filed: 4/11/2005
|
|
09400SB0283sam001 |
|
LRB094 07534 RLC 44688 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 283
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 283 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "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:
| 7 |
| (705 ILCS 405/5-130)
| 8 |
| Sec. 5-130. Excluded jurisdiction.
| 9 |
| (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
| 17 |
| 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) | 24 |
| aggravated vehicular hijacking
when the hijacking was |
|
|
|
09400SB0283sam001 |
- 2 - |
LRB094 07534 RLC 44688 a |
|
| 1 |
| committed with a firearm.
| 2 |
| These charges and all other charges arising out of the same | 3 |
| incident shall
be prosecuted under the criminal laws of this | 4 |
| State.
| 5 |
| For purposes of this paragraph (a) of subsection (l):
| 6 |
| "School" means a public or private elementary or secondary | 7 |
| school, community
college, college, or university.
| 8 |
| "School related activity" means any sporting, social, | 9 |
| academic or other
activity for which students' attendance or | 10 |
| participation is sponsored,
organized, or funded in whole or in | 11 |
| part by a school or school district.
| 12 |
| (b) (i) If before trial or plea an information or | 13 |
| indictment is filed that
does not charge an offense specified | 14 |
| in paragraph (a) of this subsection
(1) the State's Attorney | 15 |
| may proceed on any lesser charge or charges, but
only in | 16 |
| Juvenile Court under the provisions of this Article. The | 17 |
| State's
Attorney may proceed under the Criminal Code of 1961 on | 18 |
| a lesser charge if
before trial the minor defendant knowingly | 19 |
| and with advice of counsel waives,
in writing, his or her right | 20 |
| to have the matter proceed in Juvenile Court.
| 21 |
| (ii) If before trial or plea an information or indictment | 22 |
| is filed that
includes one or more charges specified in | 23 |
| paragraph (a) of this subsection
(1) and
additional charges | 24 |
| that are not specified in that paragraph, all of the charges
| 25 |
| arising out of the same incident shall be prosecuted under the | 26 |
| Criminal Code of
1961.
| 27 |
| (c) (i) If after trial or plea the minor is convicted of | 28 |
| any offense
covered by paragraph (a) of this subsection (1), | 29 |
| then, in sentencing the minor,
the court shall have available | 30 |
| any or all dispositions prescribed for that
offense under | 31 |
| Chapter V of the Unified Code of Corrections.
| 32 |
| (ii) If after trial or plea the court finds that the minor | 33 |
| committed an
offense not covered by paragraph (a) of this | 34 |
| subsection (1), that finding shall
not invalidate the verdict |
|
|
|
09400SB0283sam001 |
- 3 - |
LRB094 07534 RLC 44688 a |
|
| 1 |
| or the prosecution of the minor under the criminal
laws of the | 2 |
| State; however, unless the State requests a hearing for the
| 3 |
| purpose of sentencing the minor under Chapter V of the Unified | 4 |
| Code of
Corrections, the Court must proceed under Sections | 5 |
| 5-705 and 5-710 of this
Article. To request a hearing, the | 6 |
| State must file a written motion within 10
days following the | 7 |
| entry of a finding or the return of a verdict. Reasonable
| 8 |
| notice of the motion shall be given to the minor or his or her | 9 |
| counsel.
If the motion is made by the State, the court shall | 10 |
| conduct a hearing to
determine if the minor should be sentenced | 11 |
| under Chapter V of the Unified Code
of Corrections. In making | 12 |
| its determination, the court shall consider among
other | 13 |
| matters: (a) whether there is
evidence that the offense was | 14 |
| committed in an aggressive and premeditated
manner; (b) the age | 15 |
| of the minor; (c) the previous history of the
minor; (d) | 16 |
| whether there are facilities particularly available to the | 17 |
| Juvenile
Court or the Department of Corrections, Juvenile | 18 |
| Division, for the treatment
and rehabilitation of the minor; | 19 |
| (e) whether
the security of the public requires sentencing | 20 |
| under Chapter V of the
Unified Code of Corrections; and (f) | 21 |
| whether the minor possessed a deadly
weapon when committing the | 22 |
| offense. The rules of evidence shall be the same as
if at | 23 |
| trial. If after the hearing the court finds that the minor | 24 |
| should be
sentenced under Chapter V of the Unified Code of | 25 |
| Corrections, then the court
shall sentence the minor | 26 |
| accordingly having available to it any or all
dispositions so | 27 |
| prescribed.
| 28 |
| (2) (Blank).
(a) The definition of a delinquent minor under | 29 |
| Section
5-120 of
this Article shall not apply to any minor who | 30 |
| at the time of the offense was at
least 15 years of age and who | 31 |
| is charged with an offense under Section 401 of
the Illinois | 32 |
| Controlled Substances Act, while in a school, regardless of the
| 33 |
| time of day or the time of year, or any conveyance owned, | 34 |
| leased or contracted
by a school to transport students to or |
|
|
|
09400SB0283sam001 |
- 4 - |
LRB094 07534 RLC 44688 a |
|
| 1 |
| from school or a school related
activity, or residential | 2 |
| property owned, operated or managed by a public
housing agency | 3 |
| or leased by a public housing agency as part of a scattered
| 4 |
| site or mixed-income development, on the real property | 5 |
| comprising any school,
regardless of the time of day or the | 6 |
| time of year, or residential property
owned, operated or | 7 |
| managed by a public housing agency or leased by a public
| 8 |
| housing agency as part of a scattered site or mixed-income | 9 |
| development, or
on a public way within 1,000 feet of the real | 10 |
| property comprising any school,
regardless of the time of day | 11 |
| or the time of year, or
residential property owned, operated or | 12 |
| managed by a public housing agency
or leased by a public | 13 |
| housing agency as part of a scattered site or
mixed-income | 14 |
| development. School is defined, for the purposes of this | 15 |
| Section,
as any public or private elementary or secondary | 16 |
| school, community college,
college, or university. These | 17 |
| charges and all other charges arising out of the
same incident | 18 |
| shall be prosecuted under the criminal laws of this State.
| 19 |
| (b) (i) If before trial or plea an information or | 20 |
| indictment is filed
that
does not charge an offense specified | 21 |
| in paragraph (a) of this subsection (2)
the State's Attorney | 22 |
| may proceed on any lesser charge or charges, but only in
| 23 |
| Juvenile Court under the provisions of this Article. The | 24 |
| State's Attorney may
proceed under the criminal laws of this | 25 |
| State on a lesser charge if before
trial the minor defendant | 26 |
| knowingly and with advice of counsel waives,
in writing, his or | 27 |
| her right to have the matter proceed in Juvenile Court.
| 28 |
| (ii) If before trial or plea an information or indictment | 29 |
| is filed that
includes one or more charges specified in | 30 |
| paragraph (a) of this subsection (2)
and additional charges | 31 |
| that are not specified in that paragraph, all of the
charges | 32 |
| arising out of the same incident shall be prosecuted under the | 33 |
| criminal
laws of this State.
| 34 |
| (c) (i) If after trial or plea the minor is convicted of |
|
|
|
09400SB0283sam001 |
- 5 - |
LRB094 07534 RLC 44688 a |
|
| 1 |
| any offense
covered by paragraph (a) of this subsection (2), | 2 |
| then, in sentencing the minor,
the court shall have available | 3 |
| any or all dispositions prescribed for that
offense under | 4 |
| Chapter V of the Unified Code of Corrections.
| 5 |
| (ii) If after trial or plea the court finds that the minor | 6 |
| committed an
offense not covered by paragraph (a) of this | 7 |
| subsection (2), that finding shall
not invalidate the verdict | 8 |
| or the prosecution of the minor under the criminal
laws of the | 9 |
| State; however, unless the State requests a hearing for the
| 10 |
| purpose of sentencing the minor under Chapter V of the Unified | 11 |
| Code of
Corrections, the Court must proceed under Sections | 12 |
| 5-705 and 5-710 of this
Article. To request a hearing, the | 13 |
| State must file a written motion within 10
days following the | 14 |
| entry of a finding or the return of a verdict. Reasonable
| 15 |
| notice of the motion shall be given to the minor or his or her | 16 |
| counsel. If the
motion is made by the State, the court shall | 17 |
| conduct a hearing to determine
if the minor should be sentenced | 18 |
| under Chapter V of the Unified Code of
Corrections. In making | 19 |
| its determination, the court shall consider among
other | 20 |
| matters: (a) whether there is evidence that the offense was | 21 |
| committed
in an aggressive and premeditated manner; (b) the age | 22 |
| of the minor; (c) the
previous history of the minor; (d) | 23 |
| whether there are facilities particularly
available to the | 24 |
| Juvenile Court or the Department of Corrections, Juvenile
| 25 |
| Division, for the treatment and rehabilitation of the minor; | 26 |
| (e) whether the
security of the public requires sentencing | 27 |
| under Chapter V of the Unified Code
of Corrections; and (f) | 28 |
| whether the minor possessed a deadly weapon when
committing the | 29 |
| offense. The rules of evidence shall be the same as if at
| 30 |
| trial. If after the hearing the court finds that the minor | 31 |
| should be sentenced
under Chapter V of the Unified Code of | 32 |
| Corrections, then the court shall
sentence the minor | 33 |
| accordingly having available to it any or all dispositions
so | 34 |
| prescribed.
|
|
|
|
09400SB0283sam001 |
- 6 - |
LRB094 07534 RLC 44688 a |
|
| 1 |
| (3) (a) The definition of delinquent minor under Section
| 2 |
| 5-120 of this
Article shall not apply to any minor who at the | 3 |
| time of the offense was at
least 15 years of age and who is | 4 |
| charged with a violation of the provisions of
paragraph (1), | 5 |
| (3), (4), or (10) of subsection (a) of Section 24-1 of the
| 6 |
| Criminal Code of 1961 while in school, regardless of the time | 7 |
| of day or the
time of year, or on the real property comprising | 8 |
| any school, regardless of the
time of day or the time of year. | 9 |
| School is defined, for purposes of this
Section as any public | 10 |
| or private elementary or secondary school, community
college, | 11 |
| college, or university. These charges and all other charges | 12 |
| arising
out of the same incident shall be prosecuted under the | 13 |
| criminal laws of this
State.
| 14 |
| (b) (i) If before trial or plea an information or | 15 |
| indictment is filed that
does not charge an offense specified | 16 |
| in paragraph (a) of this subsection (3)
the State's Attorney | 17 |
| may proceed on any lesser charge or charges, but only in
| 18 |
| Juvenile Court under the provisions of this Article. The | 19 |
| State's Attorney may
proceed under the criminal laws of this | 20 |
| State on a lesser charge if before
trial the minor defendant | 21 |
| knowingly and with advice of counsel waives, in
writing, his or | 22 |
| her right to have the matter proceed in Juvenile Court.
| 23 |
| (ii) If before trial or plea an information or indictment | 24 |
| is filed that
includes one or more charges specified in | 25 |
| paragraph (a) of this subsection (3)
and additional charges | 26 |
| that are not specified in that paragraph, all of the
charges | 27 |
| arising out of the same incident shall be prosecuted under the | 28 |
| criminal
laws of this State.
| 29 |
| (c) (i) If after trial or plea the minor is convicted of | 30 |
| any offense
covered by paragraph (a) of this subsection (3), | 31 |
| then, in sentencing the minor,
the court shall have available | 32 |
| any or all dispositions prescribed for that
offense under | 33 |
| Chapter V of the Unified Code of Corrections.
| 34 |
| (ii) If after trial or plea the court finds that the minor |
|
|
|
09400SB0283sam001 |
- 7 - |
LRB094 07534 RLC 44688 a |
|
| 1 |
| committed an
offense not covered by paragraph (a) of this | 2 |
| subsection (3), that finding shall
not invalidate the verdict | 3 |
| or the prosecution of the minor under the criminal
laws of the | 4 |
| State; however, unless the State requests a hearing for the
| 5 |
| purpose of sentencing the minor under Chapter V of the Unified | 6 |
| Code of
Corrections, the Court must proceed under Sections | 7 |
| 5-705 and 5-710 of this
Article. To request a hearing, the | 8 |
| State must file a written motion within 10
days following the | 9 |
| entry of a finding or the return of a verdict. Reasonable
| 10 |
| notice of the motion shall be given to the minor or his or her | 11 |
| counsel. If the
motion is made by the State, the court shall | 12 |
| conduct a hearing to determine if
the minor should be sentenced | 13 |
| under Chapter V of the Unified Code of
Corrections. In making | 14 |
| its determination, the court shall consider
among other | 15 |
| matters: (a) whether there is
evidence that the offense was | 16 |
| committed in an aggressive and premeditated
manner; (b) the age | 17 |
| of the minor; (c) the previous history of the
minor; (d) | 18 |
| whether there are facilities particularly available to the | 19 |
| Juvenile
Court or the Department of Corrections, Juvenile | 20 |
| Division, for the treatment
and rehabilitation of the minor; | 21 |
| (e) whether
the security of the public requires sentencing | 22 |
| under Chapter V of the
Unified Code of Corrections; and (f) | 23 |
| whether the minor possessed a deadly
weapon when committing the | 24 |
| offense. The rules of evidence shall be the same as
if at | 25 |
| trial. If after the hearing the court finds that the minor | 26 |
| should be
sentenced under Chapter V of the Unified Code of | 27 |
| Corrections, then the court
shall sentence the minor | 28 |
| accordingly having available to it any or all
dispositions so | 29 |
| prescribed.
| 30 |
| (4) (a) The definition of delinquent minor under Section | 31 |
| 5-120 of this
Article
shall not apply to any minor who at the | 32 |
| time of an offense was at least 13
years of age and who is | 33 |
| charged with first degree murder committed during the
course of | 34 |
| either aggravated criminal sexual assault, criminal sexual |
|
|
|
09400SB0283sam001 |
- 8 - |
LRB094 07534 RLC 44688 a |
|
| 1 |
| assault,
or aggravated kidnaping. However, this subsection (4) | 2 |
| does not include a minor
charged with first degree murder based | 3 |
| exclusively upon the accountability
provisions of the Criminal | 4 |
| Code of 1961.
| 5 |
| (b) (i) If before trial or plea an information or | 6 |
| indictment is filed that
does not charge first degree murder | 7 |
| committed during the course of aggravated
criminal sexual | 8 |
| assault, criminal
sexual assault, or aggravated kidnaping, the | 9 |
| State's Attorney may proceed on
any lesser charge or charges, | 10 |
| but only in Juvenile Court under the provisions
of this | 11 |
| Article. The State's Attorney may proceed under the criminal | 12 |
| laws of
this State
on a lesser charge if before trial the minor | 13 |
| defendant knowingly and with
advice of counsel waives, in | 14 |
| writing, his or her right to have the matter
proceed in | 15 |
| Juvenile Court.
| 16 |
| (ii) If before trial or plea an information or
indictment | 17 |
| is filed that includes first degree murder committed during the
| 18 |
| course of aggravated criminal sexual assault, criminal sexual | 19 |
| assault, or
aggravated kidnaping, and additional charges that | 20 |
| are not specified in
paragraph (a) of this subsection, all of | 21 |
| the charges arising out of the same
incident shall be | 22 |
| prosecuted under the criminal laws of this State.
| 23 |
| (c) (i) If after trial or plea the minor is convicted of | 24 |
| first degree
murder
committed during the course of aggravated | 25 |
| criminal sexual assault, criminal
sexual assault, or | 26 |
| aggravated kidnaping, in sentencing the minor, the court
shall | 27 |
| have available any or all dispositions prescribed for that | 28 |
| offense under
Chapter V of the Unified Code of Corrections.
| 29 |
| (ii) If the minor was not yet 15
years of age at the time of | 30 |
| the offense, and if after trial or plea the court
finds that | 31 |
| the minor
committed an offense other than first degree murder | 32 |
| committed during
the course of either aggravated criminal | 33 |
| sexual assault, criminal sexual
assault, or aggravated | 34 |
| kidnapping, the finding shall not invalidate the
verdict or the |
|
|
|
09400SB0283sam001 |
- 9 - |
LRB094 07534 RLC 44688 a |
|
| 1 |
| prosecution of the minor under the criminal laws of the State;
| 2 |
| however, unless the State requests a hearing for the purpose of | 3 |
| sentencing the
minor under
Chapter V of the Unified Code of | 4 |
| Corrections, the Court must proceed under
Sections 5-705 and | 5 |
| 5-710 of this Article. To request a hearing, the State must
| 6 |
| file a written motion within 10 days following the entry of a | 7 |
| finding or the
return of a verdict. Reasonable notice of the | 8 |
| motion shall be given to the
minor or his or her counsel. If | 9 |
| the motion is made by the State, the court
shall conduct a | 10 |
| hearing to determine whether the minor should be sentenced
| 11 |
| under Chapter V of the
Unified Code of Corrections. In making | 12 |
| its determination, the court shall
consider among other | 13 |
| matters: (a) whether there is evidence that the offense
was | 14 |
| committed in an
aggressive and premeditated manner; (b) the age | 15 |
| of the minor; (c) the
previous delinquent history of the minor; | 16 |
| (d) whether there are facilities
particularly available to the | 17 |
| Juvenile Court or the Department of Corrections,
Juvenile | 18 |
| Division,
for the treatment and rehabilitation of the minor; | 19 |
| (e) whether the best
interest of the minor and the security of | 20 |
| the public require sentencing under
Chapter V of the Unified | 21 |
| Code of Corrections; and (f) whether the minor
possessed a | 22 |
| deadly weapon when committing the offense. The rules of | 23 |
| evidence
shall be the same as if at trial. If after the hearing | 24 |
| the court finds that
the minor should be sentenced under | 25 |
| Chapter V of the Unified Code of
Corrections, then the court | 26 |
| shall sentence the minor accordingly having
available to it any | 27 |
| or all dispositions so prescribed.
| 28 |
| (5) (a) The definition of delinquent minor under Section | 29 |
| 5-120 of this
Article
shall not apply to any minor who is | 30 |
| charged with a violation of subsection (a)
of Section 31-6 or | 31 |
| Section 32-10 of the Criminal Code of 1961 when the minor is
| 32 |
| subject to prosecution under the criminal laws of this State as | 33 |
| a result of the
application of the provisions of Section 5-125, | 34 |
| or subsection (1) or (2) of
this Section. These charges and all |
|
|
|
09400SB0283sam001 |
- 10 - |
LRB094 07534 RLC 44688 a |
|
| 1 |
| other charges arising out of the same
incident shall be | 2 |
| prosecuted under the criminal laws of this State.
| 3 |
| (b) (i) If before trial or plea an information or | 4 |
| indictment is filed that
does not charge an offense specified | 5 |
| in paragraph (a) of this subsection (5),
the State's Attorney | 6 |
| may proceed on any lesser charge or charges, but only in
| 7 |
| Juvenile Court under the provisions of this Article. The | 8 |
| State's Attorney may
proceed under the criminal laws of this | 9 |
| State on a lesser charge if before
trial the minor defendant | 10 |
| knowingly and with advice of counsel waives, in
writing, his or | 11 |
| her right to have the matter proceed in Juvenile Court.
| 12 |
| (ii) If before trial
or plea an information or indictment | 13 |
| is filed that includes one or more charges
specified in | 14 |
| paragraph (a) of this subsection (5) and additional charges | 15 |
| that
are not specified in that paragraph, all of
the charges | 16 |
| arising out of the same incident shall be prosecuted under the
| 17 |
| criminal laws of this State.
| 18 |
| (c) (i) If after trial or plea the minor is convicted of | 19 |
| any offense
covered
by paragraph (a) of this subsection (5), | 20 |
| then, in sentencing the minor, the
court shall have available | 21 |
| any or all dispositions prescribed for that offense
under | 22 |
| Chapter V of the Unified Code of Corrections.
| 23 |
| (ii) If after trial or
plea the court finds that the minor | 24 |
| committed an offense not covered by
paragraph (a) of
this | 25 |
| subsection (5), the conviction shall not invalidate the verdict | 26 |
| or the
prosecution of the minor under the criminal laws of this | 27 |
| State; however,
unless the State requests a hearing for the
| 28 |
| purpose of sentencing the minor under Chapter V of the Unified | 29 |
| Code of
Corrections, the Court must proceed under Sections | 30 |
| 5-705 and 5-710 of this
Article.
To request a hearing, the | 31 |
| State must file a written motion within 10 days
following the | 32 |
| entry of a finding or the return of a verdict. Reasonable | 33 |
| notice
of the motion shall be given to the minor or his or her | 34 |
| counsel. If the motion
is made by the State, the court shall |
|
|
|
09400SB0283sam001 |
- 11 - |
LRB094 07534 RLC 44688 a |
|
| 1 |
| conduct a hearing to determine if whether
the minor should be | 2 |
| sentenced under Chapter V of the Unified Code of
Corrections. | 3 |
| In making its determination, the court shall consider among | 4 |
| other
matters: (a) whether there is evidence that the offense | 5 |
| was committed in an
aggressive and premeditated manner; (b) the | 6 |
| age of the minor; (c) the previous
delinquent history of the | 7 |
| minor; (d) whether there are facilities particularly
available | 8 |
| to the Juvenile Court or the Department of Corrections, | 9 |
| Juvenile
Division, for the treatment and rehabilitation of the | 10 |
| minor; (e) whether
the security of the public requires | 11 |
| sentencing under Chapter V of the Unified
Code of Corrections; | 12 |
| and (f) whether the minor possessed a deadly weapon when
| 13 |
| committing the offense. The rules of evidence shall be the same | 14 |
| as if at
trial. If after the hearing the court finds that the | 15 |
| minor should be sentenced
under Chapter V of the Unified Code | 16 |
| of Corrections, then the court shall
sentence the minor | 17 |
| accordingly having available to it any or all dispositions
so | 18 |
| prescribed.
| 19 |
| (6) The definition of delinquent minor under Section 5-120 | 20 |
| of this Article
shall not apply to any minor who, pursuant to | 21 |
| subsection (1), (2), or (3) or
Section 5-805, or 5-810, has | 22 |
| previously been placed under the jurisdiction of
the criminal | 23 |
| court and has been convicted of a crime under an adult criminal | 24 |
| or
penal statute. Such a minor shall be subject to prosecution | 25 |
| under the criminal
laws of this State.
| 26 |
| (7) The procedures set out in this Article for the | 27 |
| investigation, arrest and
prosecution of juvenile offenders | 28 |
| shall not apply to minors who are excluded
from jurisdiction of | 29 |
| the Juvenile Court, except that minors under 17 years of
age | 30 |
| shall be kept separate from confined adults.
| 31 |
| (8) Nothing in this Act prohibits or limits the prosecution | 32 |
| of any
minor for an offense committed on or after his or her | 33 |
| 17th birthday even though
he or she is at the time of the | 34 |
| offense a ward of the court.
|
|
|
|
09400SB0283sam001 |
- 12 - |
LRB094 07534 RLC 44688 a |
|
| 1 |
| (9) If an original petition for adjudication of wardship | 2 |
| alleges the
commission by a minor 13 years of age or
over of an | 3 |
| act that constitutes a crime under the laws of this State,
the | 4 |
| minor, with the consent of his or her counsel, may, at any time | 5 |
| before
commencement of the adjudicatory hearing, file with the | 6 |
| court a motion
that criminal prosecution be ordered and that | 7 |
| the petition be dismissed
insofar as the act or acts involved | 8 |
| in the criminal proceedings are
concerned. If such a motion is | 9 |
| filed as herein provided, the court shall
enter its order | 10 |
| accordingly.
| 11 |
| (10) If prior to the effective date of this amendatory Act | 12 |
| of the 94th General Assembly, a minor is charged with a | 13 |
| violation of Section 401 of the Illinois Controlled Substances | 14 |
| Act under the criminal laws of this State
subject to the | 15 |
| provisions of subsection (2) of this
Section , other than a | 16 |
| minor charged with a Class X felony violation of the
Illinois | 17 |
| Controlled
Substances Act, any party including the minor or the | 18 |
| court sua sponte
may, before trial,
move for a hearing for the | 19 |
| purpose of trying and sentencing the minor as
a delinquent | 20 |
| minor. To request a hearing, the party must file a motion
prior | 21 |
| to trial. Reasonable notice of the motion shall be given to all
| 22 |
| parties. On its own motion or upon the filing of a motion by | 23 |
| one of the
parties including the minor, the court shall conduct | 24 |
| a hearing to
determine whether the minor should be tried and | 25 |
| sentenced as a
delinquent minor under this Article. In making | 26 |
| its determination, the
court shall consider among other | 27 |
| matters:
| 28 |
| (a) The age of the minor;
| 29 |
| (b) Any previous delinquent or criminal history of the | 30 |
| minor;
| 31 |
| (c) Any previous abuse or neglect history of the minor;
| 32 |
| (d) Any mental health or educational history of the minor, | 33 |
| or both; and
| 34 |
| (e) Whether there is probable cause to support the charge, |
|
|
|
09400SB0283sam001 |
- 13 - |
LRB094 07534 RLC 44688 a |
|
| 1 |
| whether
the minor is charged through accountability, and | 2 |
| whether there is
evidence the minor possessed a deadly weapon | 3 |
| or caused serious
bodily harm during the offense.
| 4 |
| Any material that is relevant and reliable shall be | 5 |
| admissible at the
hearing. In
all cases, the judge shall enter | 6 |
| an order permitting prosecution
under the criminal laws of | 7 |
| Illinois unless the judge makes a finding
based on a | 8 |
| preponderance of the evidence that the minor would be
amenable | 9 |
| to the care, treatment, and training programs available
through | 10 |
| the facilities of the juvenile court based on an evaluation of
| 11 |
| the factors listed in this subsection (10).
| 12 |
| (Source: P.A. 91-15, eff. 1-1-00; 91-673, eff. 12-22-99; 92-16, | 13 |
| eff.
6-28-01; 92-665, eff. 1-1-03.)
| 14 |
| (705 ILCS 405/5-805)
| 15 |
| Sec. 5-805. Transfer of jurisdiction.
| 16 |
| (1) Mandatory transfers.
| 17 |
| (a) If a petition alleges commission by a minor 15 | 18 |
| years of age or older
of an act that constitutes a forcible | 19 |
| felony under the laws of this State, and
if a motion by the | 20 |
| State's Attorney to prosecute the minor under the criminal
| 21 |
| laws of Illinois for the alleged forcible felony alleges | 22 |
| that (i) the minor has
previously been adjudicated | 23 |
| delinquent or found guilty for commission of an act
that | 24 |
| constitutes a felony under the laws of this State or any | 25 |
| other state and
(ii) the act that constitutes the offense | 26 |
| was committed in furtherance of
criminal activity by an | 27 |
| organized gang, the Juvenile Judge assigned to hear and
| 28 |
| determine those motions shall, upon determining that there | 29 |
| is probable cause
that both allegations are true, enter an | 30 |
| order permitting prosecution under the
criminal laws of | 31 |
| Illinois.
| 32 |
| (b) If a petition alleges commission by a minor 15 | 33 |
| years of age or older
of an act that constitutes a felony |
|
|
|
09400SB0283sam001 |
- 14 - |
LRB094 07534 RLC 44688 a |
|
| 1 |
| under the laws of this State, and if a
motion by a State's | 2 |
| Attorney to prosecute the minor under the criminal laws of
| 3 |
| Illinois for the alleged felony alleges that (i) the minor | 4 |
| has previously been
adjudicated delinquent or found guilty | 5 |
| for commission of an act that
constitutes a forcible
felony | 6 |
| under the laws of this State or any other state and (ii) | 7 |
| the act that
constitutes the offense was committed in | 8 |
| furtherance of criminal activities by
an organized gang, | 9 |
| the Juvenile Judge assigned to hear and determine those
| 10 |
| motions shall, upon determining that there is probable | 11 |
| cause that both
allegations are true, enter an order | 12 |
| permitting prosecution under the criminal
laws of | 13 |
| Illinois.
| 14 |
| (c) If a petition alleges commission by a minor 15 | 15 |
| years of age or older
of: (i) an act that constitutes an | 16 |
| offense enumerated in the presumptive
transfer provisions | 17 |
| of subsection (2); and (ii) the minor has previously been
| 18 |
| adjudicated delinquent or found guilty of a forcible | 19 |
| felony, the Juvenile Judge
designated to hear and determine | 20 |
| those motions shall, upon determining that
there is | 21 |
| probable cause that both allegations are true, enter an | 22 |
| order
permitting prosecution under the criminal laws of | 23 |
| Illinois.
| 24 |
| (d) If a petition alleges commission by a minor 15 | 25 |
| years of age or older
of an act that constitutes the | 26 |
| offense of aggravated discharge of a firearm
committed in a | 27 |
| school, on the real property comprising a school, within | 28 |
| 1,000
feet of the real property comprising a school, at a | 29 |
| school related activity, or
on, boarding, or departing from | 30 |
| any conveyance owned, leased, or contracted by
a school or | 31 |
| school district to transport students to or from school or | 32 |
| a school
related activity, regardless of the time of day or | 33 |
| the time of year, the
juvenile judge designated to hear and | 34 |
| determine those motions shall, upon
determining that there |
|
|
|
09400SB0283sam001 |
- 15 - |
LRB094 07534 RLC 44688 a |
|
| 1 |
| is probable cause that the allegations are true, enter
an | 2 |
| order permitting prosecution under the criminal laws of | 3 |
| Illinois.
| 4 |
| For purposes of this paragraph (d) of subsection (1):
| 5 |
| "School" means a public or private
elementary or | 6 |
| secondary school, community college, college, or | 7 |
| university.
| 8 |
| "School related activity" means any sporting, social, | 9 |
| academic, or other
activity for which students' attendance | 10 |
| or participation is sponsored,
organized, or funded in | 11 |
| whole or in part by a school or school district.
| 12 |
| (2) Presumptive transfer.
| 13 |
| (a) If the State's Attorney files a petition, at any | 14 |
| time prior to
commencement of the minor's trial, to permit | 15 |
| prosecution under the criminal
laws and the petition | 16 |
| alleges the commission by a minor 15 years of age or
older
| 17 |
| of: (i) a Class X felony other than armed violence; (ii) | 18 |
| aggravated discharge
of a firearm; (iii) armed violence | 19 |
| with a firearm when the predicate offense
is a Class 1 or | 20 |
| Class 2 felony and the State's Attorney's motion to | 21 |
| transfer
the case alleges that the offense committed is in | 22 |
| furtherance of the criminal
activities of an organized | 23 |
| gang; (iv) armed violence with a firearm when the
predicate | 24 |
| offense is a violation of the Illinois Controlled | 25 |
| Substances Act
or a violation of the Cannabis Control Act; | 26 |
| (v) armed violence when the
weapon involved was a machine | 27 |
| gun or other weapon described in subsection
(a)(7) of | 28 |
| Section 24-1 of the Criminal Code of 1961 ; (vi) an act in | 29 |
| violation of Section 401 of the Illinois Controlled | 30 |
| Substances Act which is a Class X felony, while in a | 31 |
| school, regardless of the time of day or the time of year, | 32 |
| or on any conveyance owned, leased, or contracted by a | 33 |
| school to transport students to or from school or a school | 34 |
| related activity, or on residential property owned, |
|
|
|
09400SB0283sam001 |
- 16 - |
LRB094 07534 RLC 44688 a |
|
| 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 |
|
|
|
09400SB0283sam001 |
- 17 - |
LRB094 07534 RLC 44688 a |
|
| 1 |
| minor, and
| 2 |
| (c) any mental health, physical or educational | 3 |
| history of the minor or combination of these factors;
| 4 |
| (iii) the circumstances of the offense, including:
| 5 |
| (a) the seriousness of the offense,
| 6 |
| (b) whether the minor is charged through | 7 |
| accountability,
| 8 |
| (c) whether there is evidence the offense was | 9 |
| committed in an aggressive and premeditated manner,
| 10 |
| (d) whether there is evidence the offense caused | 11 |
| serious bodily harm,
| 12 |
| (e) whether there is evidence the minor possessed a | 13 |
| deadly weapon;
| 14 |
| (iv) the advantages of treatment within the juvenile | 15 |
| justice system including whether there are facilities or | 16 |
| programs, or both, particularly available in the juvenile | 17 |
| system;
| 18 |
| (v) whether the security of the public requires | 19 |
| sentencing under Chapter V of the Unified Code of | 20 |
| Corrections:
| 21 |
| (a) the minor's history of services, including the | 22 |
| minor's willingness to participate meaningfully in | 23 |
| available services;
| 24 |
| (b) whether there is a reasonable likelihood that | 25 |
| the minor can be rehabilitated before the expiration of | 26 |
| the juvenile court's jurisdiction;
| 27 |
| (c) the adequacy of the punishment or services.
| 28 |
| (i) The seriousness of the alleged offense;
| 29 |
| (ii) The minor's history of delinquency;
| 30 |
| (iii) The age of the minor;
| 31 |
| (iv) The culpability of the minor in committing the | 32 |
| alleged offense;
| 33 |
| (v) Whether the offense was committed in an aggressive | 34 |
| or premeditated
manner;
|
|
|
|
09400SB0283sam001 |
- 18 - |
LRB094 07534 RLC 44688 a |
|
| 1 |
| (vi) Whether the minor used or possessed a deadly | 2 |
| weapon when
committing the alleged offense;
| 3 |
| (vii) The minor's history of services, including the | 4 |
| minor's willingness
to
participate meaningfully in | 5 |
| available services;
| 6 |
| (viii) Whether there is a reasonable likelihood that | 7 |
| the minor can be
rehabilitated before the expiration of the | 8 |
| juvenile court's jurisdiction;
| 9 |
| (ix) The adequacy of the punishment or services | 10 |
| available in the
juvenile justice system.
| 11 |
| In considering these factors, the court shall give greater
| 12 |
| weight to the seriousness of the alleged offense and the | 13 |
| minor's prior record
of delinquency than to the other factors | 14 |
| listed in this subsection.
| 15 |
| For purposes of clauses (2)(a) (vi) and (vii): | 16 |
| "School" means a public or private elementary or | 17 |
| secondary school, community college, college, or | 18 |
| university. | 19 |
| "School related activity" means any sporting, | 20 |
| social, academic, or other activity for which | 21 |
| students' attendance or participation is sponsored, | 22 |
| organized, or funded in whole or in part by a school or | 23 |
| school district.
| 24 |
| (3) Discretionary transfer.
| 25 |
| (a) If a petition alleges commission by a minor 13 | 26 |
| years of age or over of
an act that constitutes a crime | 27 |
| under the laws of this State and, on motion of
the State's | 28 |
| Attorney to permit prosecution of the minor under the | 29 |
| criminal
laws, a Juvenile Judge assigned by the Chief Judge | 30 |
| of the Circuit to hear and
determine those motions, after | 31 |
| hearing but before commencement of the
trial, finds that | 32 |
| there is probable cause to believe that the
allegations in | 33 |
| the motion are true and that it is not in the best | 34 |
| interests
of the public to proceed under this Act, the |
|
|
|
09400SB0283sam001 |
- 19 - |
LRB094 07534 RLC 44688 a |
|
| 1 |
| court may enter an
order permitting prosecution under the | 2 |
| criminal laws.
| 3 |
| (b) In making its determination on the motion to permit | 4 |
| prosecution under
the criminal laws, the court shall | 5 |
| consider among other matters:
| 6 |
| (i) the age of the minor;
| 7 |
| (ii) the history of the minor, including:
| 8 |
| (a) any previous delinquent or criminal history of | 9 |
| the minor,
| 10 |
| (b) any previous abuse or neglect history of the | 11 |
| minor, and
| 12 |
| (c) any mental health, physical, or educational | 13 |
| history of the minor or combination of these factors;
| 14 |
| (iii) the circumstances of the offense, including:
| 15 |
| (a) the seriousness of the offense,
| 16 |
| (b) whether the minor is charged through | 17 |
| accountability,
| 18 |
| (c) whether there is evidence the offense was | 19 |
| committed in an aggressive and premeditated manner,
| 20 |
| (d) whether there is evidence the offense caused | 21 |
| serious bodily harm,
| 22 |
| (e) whether there is evidence the minor possessed a | 23 |
| deadly weapon;
| 24 |
| (iv) the advantages of treatment within the juvenile | 25 |
| justice system including whether there are facilities or | 26 |
| programs, or both, particularly available in the juvenile | 27 |
| system;
| 28 |
| (v) whether the security of the public requires | 29 |
| sentencing under Chapter V of the Unified Code of | 30 |
| Corrections:
| 31 |
| (a) the minor's history of services, including the | 32 |
| minor's willingness to participate meaningfully in | 33 |
| available services;
| 34 |
| (b) whether there is a reasonable likelihood that |
|
|
|
09400SB0283sam001 |
- 20 - |
LRB094 07534 RLC 44688 a |
|
| 1 |
| the minor can be rehabilitated before the expiration of | 2 |
| the juvenile court's jurisdiction;
| 3 |
| (c) the adequacy of the punishment or services.
| 4 |
| ( i) The seriousness of the alleged offense;
| 5 |
| (ii) The minor's history of delinquency;
| 6 |
| ( iii) The age of the minor;
| 7 |
| (iv) The culpability of the minor in committing the | 8 |
| alleged offense;
| 9 |
| (v) Whether the offense was committed in an aggressive | 10 |
| or premeditated
manner;
| 11 |
| (vi) Whether the minor used or possessed a deadly | 12 |
| weapon when committing
the alleged offense;
| 13 |
| (vii) The minor's history of services, including the | 14 |
| minor's willingness
to participate meaningfully in | 15 |
| available services;
| 16 |
| (viii) The adequacy of the punishment or services | 17 |
| available in the
juvenile justice system.
| 18 |
| In considering these factors, the court shall give greater
| 19 |
| weight to the seriousness of the alleged offense and the | 20 |
| minor's prior record
of delinquency than to the other factors | 21 |
| listed in this subsection.
| 22 |
| (4) The rules of evidence for this hearing shall be the | 23 |
| same as under
Section 5-705 of this Act. A minor must be | 24 |
| represented in court by counsel
before the hearing may be | 25 |
| commenced.
| 26 |
| (5) If criminal proceedings are instituted, the petition | 27 |
| for adjudication
of wardship shall be dismissed insofar as the | 28 |
| act or acts involved in the
criminal proceedings. Taking of | 29 |
| evidence in a trial on petition for
adjudication of wardship is | 30 |
| a bar to criminal proceedings based upon the
conduct alleged in | 31 |
| the petition.
| 32 |
| (Source: P.A. 90-590, eff. 1-1-99; 91-15, eff. 1-1-00; 91-357, | 33 |
| eff.
7-29-99.)
|
|
|
|
09400SB0283sam001 |
- 21 - |
LRB094 07534 RLC 44688 a |
|
| 1 |
| (705 ILCS 405/5-810)
| 2 |
| Sec. 5-810. Extended jurisdiction juvenile prosecutions.
| 3 |
| (1) If the State's Attorney files a petition, at any time | 4 |
| prior to
commencement of the
minor's trial, to designate the | 5 |
| proceeding as an extended jurisdiction juvenile
prosecution | 6 |
| and the petition alleges the commission by a minor 13 years of | 7 |
| age
or
older of any offense which would be a felony if | 8 |
| committed by an adult, and, if
the
juvenile judge
assigned to | 9 |
| hear and determine petitions to designate the proceeding as an
| 10 |
| extended jurisdiction juvenile prosecution determines that | 11 |
| there is probable
cause to believe that the allegations in the | 12 |
| petition and motion are true,
there is a rebuttable presumption | 13 |
| that the proceeding shall be designated as an
extended | 14 |
| jurisdiction juvenile proceeding.
| 15 |
| (b) The judge shall enter an order designating the | 16 |
| proceeding as an
extended jurisdiction juvenile proceeding | 17 |
| unless the judge makes a finding
based on clear and convincing | 18 |
| evidence that sentencing under the Chapter V of
the Unified | 19 |
| Code of Corrections would not be appropriate for the minor | 20 |
| based on
an evaluation of the
following factors:
| 21 |
| (i) the age of the minor;
| 22 |
| (ii) the history of the minor, including:
| 23 |
| (a) any previous delinquent or criminal history of | 24 |
| the minor,
| 25 |
| (b) any previous abuse or neglect history of the | 26 |
| minor, and
| 27 |
| (c) any mental health, physical and/or educational | 28 |
| history of the minor;
| 29 |
| (iii) the circumstances of the offense, including:
| 30 |
| (a) the seriousness of the offense,
| 31 |
| (b) whether the minor is charged through | 32 |
| accountability,
| 33 |
| (c) whether there is evidence the offense was | 34 |
| committed in an aggressive and premeditated manner,
|
|
|
|
09400SB0283sam001 |
- 22 - |
LRB094 07534 RLC 44688 a |
|
| 1 |
| (d) whether there is evidence the offense caused | 2 |
| serious bodily harm,
| 3 |
| (e) whether there is evidence the minor possessed a | 4 |
| deadly weapon;
| 5 |
| (iv) the advantages of treatment within the juvenile | 6 |
| justice system including whether there are facilities or | 7 |
| programs, or both, particularly available in the juvenile | 8 |
| system;
| 9 |
| (v) whether the security of the public requires | 10 |
| sentencing under Chapter V of the Unified Code of | 11 |
| Corrections:
| 12 |
| (a) the minor's history of services, including the | 13 |
| minor's willingness to participate meaningfully in | 14 |
| available services;
| 15 |
| (b) whether there is a reasonable likelihood that | 16 |
| the minor can be rehabilitated before the expiration of | 17 |
| the juvenile court's jurisdiction;
| 18 |
| (c) the adequacy of the punishment or services.
| 19 |
| (i) The seriousness of the alleged offense;
| 20 |
| ( ii) The minor's history of delinquency;
| 21 |
| (iii) The age of the minor;
| 22 |
| (iv) The culpability of the minor in committing the | 23 |
| alleged offense;
| 24 |
| ( v) Whether the offense was committed in an aggressive | 25 |
| or premeditated
manner;
| 26 |
| ( vi) Whether the minor used or possessed a deadly | 27 |
| weapon when
committing the alleged offense.
| 28 |
| In considering these factors, the court shall give greater | 29 |
| weight to the
seriousness of the alleged offense and the | 30 |
| minor's prior record of delinquency
than to other factors | 31 |
| listed in this subsection.
| 32 |
| (2) Procedures for extended
jurisdiction juvenile | 33 |
| prosecutions.
| 34 |
| (a) The State's Attorney may file a written motion for |
|
|
|
09400SB0283sam001 |
- 23 - |
LRB094 07534 RLC 44688 a |
|
| 1 |
| a proceeding to be
designated as an extended juvenile | 2 |
| jurisdiction prior to
commencement of trial. Notice of the | 3 |
| motion shall be in
compliance with
Section 5-530. When the | 4 |
| State's Attorney files a written motion that a
proceeding | 5 |
| be designated an extended jurisdiction juvenile | 6 |
| prosecution, the
court shall commence a hearing within 30 | 7 |
| days of the filing of the motion for
designation, unless | 8 |
| good cause is shown by the prosecution or the minor as to
| 9 |
| why the hearing could not be held within this time period. | 10 |
| If the court finds
good cause has been demonstrated, then | 11 |
| the hearing shall be held within 60 days
of the filing of | 12 |
| the motion. The hearings shall be open to the public unless
| 13 |
| the judge finds that the hearing should be closed for the | 14 |
| protection of any
party, victim or witness. If the Juvenile | 15 |
| Judge
assigned to hear and determine a motion to designate | 16 |
| an extended jurisdiction
juvenile prosecution determines | 17 |
| that there is probable cause to believe that
the | 18 |
| allegations in the petition and motion are true the court | 19 |
| shall grant the
motion for designation. Information used by | 20 |
| the court in its findings or
stated in or offered in | 21 |
| connection with this Section may be by way of proffer
based | 22 |
| on reliable information offered by the State or the minor. | 23 |
| All evidence
shall be admissible if it is relevant and | 24 |
| reliable regardless of whether it
would be admissible under | 25 |
| the rules of evidence.
| 26 |
| (3) Trial. A minor who is subject of an extended | 27 |
| jurisdiction juvenile
prosecution has the right to trial by | 28 |
| jury. Any trial under this Section shall
be open to the public.
| 29 |
| (4) Sentencing. If an extended jurisdiction juvenile | 30 |
| prosecution under
subsections (1)
results in a guilty plea, a | 31 |
| verdict of guilty, or a finding of guilt,
the court shall | 32 |
| impose the following:
| 33 |
| (i) one or more juvenile sentences under Section 5-710; | 34 |
| and
|
|
|
|
09400SB0283sam001 |
- 24 - |
LRB094 07534 RLC 44688 a |
|
| 1 |
| (ii) an adult criminal sentence in accordance with the | 2 |
| provisions of
Chapter V of the
Unified Code of
Corrections, | 3 |
| the execution of which shall be stayed on the condition | 4 |
| that the
offender not violate the provisions of the | 5 |
| juvenile sentence.
| 6 |
| Any sentencing hearing under
this Section shall be open to the | 7 |
| public.
| 8 |
| (5) If, after an extended jurisdiction juvenile | 9 |
| prosecution trial, a minor
is convicted of a lesser-included | 10 |
| offense or of an offense that the State's
Attorney did not | 11 |
| designate as an extended jurisdiction juvenile prosecution,
| 12 |
| the State's Attorney may file a written motion, within 10 days | 13 |
| of the finding
of guilt, that
the minor be sentenced as an | 14 |
| extended jurisdiction juvenile prosecution
offender. The court | 15 |
| shall rule on this motion using the factors found in
paragraph | 16 |
| (1) (b) of Section 5-805. If the court denies the State's | 17 |
| Attorney's
motion for
sentencing under the extended | 18 |
| jurisdiction juvenile prosecution provision, the
court shall | 19 |
| proceed to sentence the minor under Section 5-710.
| 20 |
| (6) When it appears that a minor convicted in an extended | 21 |
| jurisdiction
juvenile prosecution under subsection (1) has | 22 |
| violated the
conditions of his or her sentence, or is alleged | 23 |
| to have committed a new
offense upon the filing of a petition | 24 |
| to revoke the stay, the
court may, without notice, issue a | 25 |
| warrant for the arrest of the minor.
After a hearing, if the | 26 |
| court finds by a
preponderance of the evidence that the minor | 27 |
| committed a new offense, the
court shall order execution of the | 28 |
| previously
imposed adult criminal sentence.
After a hearing, if | 29 |
| the court finds by a preponderance of the evidence
that the | 30 |
| minor committed a violation of his or her sentence other than | 31 |
| by a new
offense, the court may order execution of the | 32 |
| previously imposed adult criminal
sentence or may continue him | 33 |
| or her on the existing juvenile sentence with or
without | 34 |
| modifying or enlarging the conditions.
Upon revocation of the |
|
|
|
09400SB0283sam001 |
- 25 - |
LRB094 07534 RLC 44688 a |
|
| 1 |
| stay of the adult criminal sentence
and imposition of
that | 2 |
| sentence, the minor's extended jurisdiction juvenile status | 3 |
| shall be
terminated.
The on-going jurisdiction over the minor's | 4 |
| case shall be assumed by the adult
criminal court and juvenile | 5 |
| court jurisdiction shall be terminated and a report
of
the | 6 |
| imposition of the adult sentence shall be sent to the | 7 |
| Department of State
Police.
| 8 |
| (7) Upon successful completion of the juvenile sentence the | 9 |
| court shall
vacate the adult criminal sentence.
| 10 |
| (8) Nothing in this Section precludes the State from filing | 11 |
| a motion for
transfer under Section 5-805.
| 12 |
| (Source: P.A. 90-590, eff. 1-1-99.)
| 13 |
| (705 ILCS 405/5-821 new)
| 14 |
| Sec. 5-821. Legislative report. The General Assembly | 15 |
| recognizes that the issue of trial of youth in adult court | 16 |
| continues to command the General Assembly's attention. The | 17 |
| intent of the General Assembly is to encourage the use of | 18 |
| appropriate transfer to adult court for youth. It is further | 19 |
| the intent of the General Assembly to have the changes in this | 20 |
| amendatory Act of the 94th General Assembly studied to | 21 |
| determine the impact of this amendatory Act on the youth in | 22 |
| Illinois. The General Assembly authorizes the Illinois | 23 |
| Juvenile Justice Commission to commission a study on the | 24 |
| changes in jurisdiction made in this amendatory Act and | 25 |
| requests that the Illinois Juvenile Justice Commission provide | 26 |
| a written report to the General Assembly 3 years after the | 27 |
| effective date of this amendatory Act of the 94th General | 28 |
| Assembly.
| 29 |
| Section 99. Effective date. This Act takes effect upon | 30 |
| becoming law.".
|
|