Illinois General Assembly - Full Text of SB0458
Illinois General Assembly

Previous General Assemblies

Full Text of SB0458  94th General Assembly

SB0458ham002 94TH GENERAL ASSEMBLY

Judiciary II - Criminal Law Committee

Filed: 5/1/2006

 

 


 

 


 
09400SB0458ham002 LRB094 09046 RLC 58668 a

1
AMENDMENT TO SENATE BILL 458

2     AMENDMENT NO. ______. Amend Senate Bill 458, AS AMENDED, in
3 the introductory clause of Section 5, by replacing "Section
4 1-19" with "Sections 1-19 and 1-20"; and
 
5 by replacing all of Sec. 1-19 of Section 5 with the following:
 
6     "(705 ILCS 405/1-19 new)
7     Sec. 1-19. Applicability.
8     (1) Except as provided in Sections 5-125, 5-130, 5-805, and
9 5-810 of this Act, any minor 17 years of age who is charged
10 with a misdemeanor or a petty or business offense on or after
11 the effective date of this amendatory Act of the 94th General
12 Assembly is subject to this Act.
13     (2) Except as provided in Sections 5-125, 5-130, 5-805, and
14 5-810 of this Act, any minor 17 years of age who is charged
15 with a Class 3 or 4 felony on or after July 1, 2007 is subject
16 to this Act.
 
17     (705 ILCS 405/1-20 new)
18     Sec. 1-20. Task Force.
19     (1) There is hereby created a Task Force on Raising the
20 Delinquency Age consisting of 19 members as follows:
21         (a) one member of the Senate appointed by the President
22     of the Senate;
23         (b) one member of the Senate appointed by the Minority

 

 

09400SB0458ham002 - 2 - LRB094 09046 RLC 58668 a

1     Leader of the Senate;
2         (c) one member of the House of Representatives
3     appointed by the Speaker of the House of Representatives;
4         (d) one member of the House of Representatives
5     appointed by the Minority Leader of the House of
6     Representatives;
7         (e) the Director of the Department of Juvenile Justice
8     or his or her designee;
9         (f) one member appointed by the Illinois Supreme Court;
10         (g) one member representing State's Attorneys
11     appointed by the President of the Senate;
12         (h) one member representing public defenders appointed
13     by the Illinois Supreme Court;
14         (i) one member representing a statewide bar
15     association appointed by the Speaker of the House of
16     Representatives;
17         (j) one member appointed by the Administrative Office
18     of the Illinois Courts;
19         (k) one member representing probation officers
20     appointed by the Governor;
21         (l) one member of a county board appointed by the
22     Governor;
23         (m) the President of the Cook County Board or his or
24     her designee;
25         (n) the Cook County State's Attorney or his or her
26     designee;
27         (o) the Cook County Public Defender or his or her
28     designee;
29         (p) the Chair of the Illinois Juvenile Justice
30     Commission or his or her designee; and
31         (q) 3 members appointed by the Governor.
32     (2) The members appointed by the Speaker of the House and
33 the President of the Senate shall serve as co-chairs of the
34 Task Force. Members shall serve without compensation.

 

 

09400SB0458ham002 - 3 - LRB094 09046 RLC 58668 a

1     (3) The Task Force shall meet at least 3 times to study the
2 impact of increasing the age of juvenile court jurisdiction to
3 include minors who are 17 years of age, particularly examining
4 the fiscal impact, and shall make recommendations to the
5 Governor and General Assembly by January 15, 2007."; and
 
6 in Sec. 5-120 of Section 5, by replacing "jurisdiction.
7 Proceedings" with the following:
8 "jurisdiction.
9     (1) Proceedings"; and
 
10 in Sec. 5-120 of Section 5, by inserting immediately below
11 "criminal laws of this State." the following:
12     "(2) As of the effective date of this amendatory Act of the
13 94th General Assembly, proceedings may be instituted under the
14 provisions of this Act concerning any minor 17 years of age
15 charged with a misdemeanor or a petty or business offense.
16 Except as provided in Sections 5-125, 5-130, 5-805, and 5-810
17 of this Article, and except for persons 17 years of age charged
18 with any felony offense, as of the effective date of this
19 amendatory Act of the 94th General Assembly, no minor who was
20 under 18 years of age at the time of the alleged offense may be
21 prosecuted under the criminal laws of this State.
22     (3) As of July 1, 2007, proceedings may be instituted under
23 the provisions of this Act concerning any minor 17 years of age
24 charged with a Class 3 or 4 felony. Except as provided in
25 Sections 5-125, 5-130, 5-805 and 5-810 of this Article, and
26 except for any minor 17 years of age charged with any felony
27 offense other than a Class 3 or 4 felony, as of July 1, 2007 no
28 minor who was under 18 years of age at the time of the alleged
29 offense may be prosecuted under the criminal laws of this
30 State.".