Full Text of SB2513 96th General Assembly
SB2513sam001 96TH GENERAL ASSEMBLY
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Sen. Ira I. Silverstein
Filed: 2/5/2010
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| AMENDMENT TO SENATE BILL 2513
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| AMENDMENT NO. ______. Amend Senate Bill 2513 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Juvenile Court Act of 1987 is amended by | 5 |
| changing Section 5-805 as follows:
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| (705 ILCS 405/5-805)
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| Sec. 5-805. Transfer of jurisdiction.
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| (1) Mandatory transfers.
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| (a) If a petition alleges commission by a minor 15 | 10 |
| years of age or older
of an act that constitutes a forcible | 11 |
| felony under the laws of this State, and
if a motion by the | 12 |
| State's Attorney to prosecute the minor under the criminal
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| laws of Illinois for the alleged forcible felony alleges | 14 |
| that (i) the minor has
previously been adjudicated | 15 |
| delinquent or found guilty for commission of an act
that | 16 |
| constitutes a felony under the laws of this State or any |
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| other state and
(ii) the act that constitutes the offense | 2 |
| was committed in furtherance of
criminal activity by an | 3 |
| organized gang, the Juvenile Judge assigned to hear and
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| determine those motions shall, upon determining that there | 5 |
| is probable cause
that both allegations are true, enter an | 6 |
| order permitting prosecution under the
criminal laws of | 7 |
| Illinois.
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| (b) If a petition alleges commission by a minor 15 | 9 |
| years of age or older
of an act that constitutes a felony | 10 |
| under the laws of this State, and if a
motion by a State's | 11 |
| Attorney to prosecute the minor under the criminal laws of
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| Illinois for the alleged felony alleges that (i) the minor | 13 |
| has previously been
adjudicated delinquent or found guilty | 14 |
| for commission of an act that
constitutes a forcible
felony | 15 |
| under the laws of this State or any other state and (ii) | 16 |
| the act that
constitutes the offense was committed in | 17 |
| furtherance of criminal activities by
an organized gang, | 18 |
| the Juvenile Judge assigned to hear and determine those
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| motions shall, upon determining that there is probable | 20 |
| cause that both
allegations are true, enter an order | 21 |
| permitting prosecution under the criminal
laws of | 22 |
| Illinois.
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| (c) If a petition alleges commission by a minor 15 | 24 |
| years of age or older
of: (i) an act that constitutes an | 25 |
| offense enumerated in the presumptive
transfer provisions | 26 |
| of subsection (2); and (ii) the minor has previously been
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LRB096 16890 RLC 35232 a |
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| adjudicated delinquent or found guilty of a forcible | 2 |
| felony, the Juvenile Judge
designated to hear and determine | 3 |
| those motions shall, upon determining that
there is | 4 |
| probable cause that both allegations are true, enter an | 5 |
| order
permitting prosecution under the criminal laws of | 6 |
| Illinois.
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| (d) If a petition alleges commission by a minor 15 | 8 |
| years of age or older
of an act that constitutes the | 9 |
| offense of aggravated discharge of a firearm
committed in a | 10 |
| school, on the real property comprising a school, within | 11 |
| 1,000
feet of the real property comprising a school, at a | 12 |
| school related activity, or
on, boarding, or departing from | 13 |
| any conveyance owned, leased, or contracted by
a school or | 14 |
| school district to transport students to or from school or | 15 |
| a school
related activity, regardless of the time of day or | 16 |
| the time of year, the
juvenile judge designated to hear and | 17 |
| determine those motions shall, upon
determining that there | 18 |
| is probable cause that the allegations are true, enter
an | 19 |
| order permitting prosecution under the criminal laws of | 20 |
| Illinois.
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| For purposes of this paragraph (d) of subsection (1):
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| "School" means a public or private
elementary or | 23 |
| secondary school, community college, college, or | 24 |
| university.
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| "School related activity" means any sporting, social, | 26 |
| academic, or other
activity for which students' attendance |
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| or participation is sponsored,
organized, or funded in | 2 |
| whole or in part by a school or school district.
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| (2) Presumptive transfer.
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| (a) If the State's Attorney files a petition, at any | 5 |
| time prior to
commencement of the minor's trial, to permit | 6 |
| prosecution under the criminal
laws and the petition | 7 |
| alleges the commission by a minor 15 years of age or
older
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| of: (i) a Class X felony other than armed violence; (ii) | 9 |
| aggravated discharge
of a firearm; (iii) armed violence | 10 |
| with a firearm when the predicate offense
is a Class 1 or | 11 |
| Class 2 felony and the State's Attorney's motion to | 12 |
| transfer
the case alleges that the offense committed is in | 13 |
| furtherance of the criminal
activities of an organized | 14 |
| gang; (iv) armed violence with a firearm when the
predicate | 15 |
| offense is a violation of the Illinois Controlled | 16 |
| Substances Act, a violation of the Cannabis Control Act, or | 17 |
| a violation of the Methamphetamine Control and Community | 18 |
| Protection Act; (v) armed violence when the
weapon involved | 19 |
| was a machine gun or other weapon described in subsection
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| (a)(7) of Section 24-1 of the Criminal Code of 1961; (vi) | 21 |
| an act in violation of Section 401 of the Illinois | 22 |
| Controlled Substances Act which is a Class X felony, while | 23 |
| in a school, regardless of the time of day or the time of | 24 |
| year, or on any conveyance owned, leased, or contracted by | 25 |
| a school to transport students to or from school or a | 26 |
| school related activity, or on residential property owned, |
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| 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
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| 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.
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| (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, |
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| treatment,
and training programs available through the | 2 |
| facilities of the juvenile court
based on an evaluation of | 3 |
| the following:
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| (i) the age of the minor;
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| (ii) the history of the minor, including:
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| (A) any previous delinquent or criminal | 7 |
| history of the minor, | 8 |
| (B) any previous abuse or neglect history of | 9 |
| the minor, and
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| (C) any mental health, physical or educational | 11 |
| history of the minor or combination of these | 12 |
| factors;
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| (iii) the circumstances of the offense, including:
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| (A) the seriousness of the offense,
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| (B) whether the minor is charged through | 16 |
| accountability,
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| (C) whether there is evidence the offense was | 18 |
| committed in an aggressive and premeditated | 19 |
| manner,
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| (D) whether there is evidence the offense | 21 |
| caused serious bodily harm,
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| (E) whether there is evidence the minor | 23 |
| possessed a deadly weapon;
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| (iv) the advantages of treatment within the | 25 |
| juvenile justice system including whether there are | 26 |
| facilities or programs, or both, particularly |
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| available in the juvenile system;
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| (v) whether the security of the public requires | 3 |
| sentencing under Chapter V of the Unified Code of | 4 |
| Corrections:
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| (A) the minor's history of services, including | 6 |
| the minor's willingness to participate | 7 |
| meaningfully in available services;
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| (B) whether there is a reasonable likelihood | 9 |
| that the minor can be rehabilitated before the | 10 |
| expiration of the juvenile court's jurisdiction;
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| (C) the adequacy of the punishment or | 12 |
| services.
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| In considering these factors, the court shall give | 14 |
| greater
weight to the seriousness of the alleged offense | 15 |
| and the minor's prior record
of delinquency than to the | 16 |
| other factors listed in this subsection.
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| For purposes of clauses (2)(a)(vi) and (vii): | 18 |
| "School" means a public or private elementary or secondary | 19 |
| school, community college, college, or university. | 20 |
| "School related activity" means any sporting, social, | 21 |
| academic, or other activity for which students' attendance or | 22 |
| participation is sponsored, organized, or funded in whole or in | 23 |
| part by a school or school district.
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| (3) Discretionary transfer.
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| (a) If a petition alleges commission by a minor 13 | 26 |
| years of age or over of
an act that constitutes a crime |
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| under the laws of this State and, on motion of
the State's | 2 |
| Attorney to permit prosecution of the minor under the | 3 |
| criminal
laws, a Juvenile Judge assigned by the Chief Judge | 4 |
| of the Circuit to hear and
determine those motions, after | 5 |
| hearing but before commencement of the
trial, finds that | 6 |
| there is probable cause to believe that the
allegations in | 7 |
| the motion are true and that it is not in the best | 8 |
| interests
of the public to proceed under this Act, the | 9 |
| court may enter an
order permitting prosecution under the | 10 |
| criminal laws.
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| (b) In making its determination on the motion to permit | 12 |
| prosecution under
the criminal laws, the court shall | 13 |
| consider among other matters:
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| (i) the age of the minor;
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| (ii) the history of the minor, including:
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| (A) any previous delinquent or criminal | 17 |
| history of the minor,
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| (B) any previous abuse or neglect history of | 19 |
| the minor, and
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| (C) any mental health, physical, or | 21 |
| educational history of the minor or combination of | 22 |
| these factors;
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| (iii) the circumstances of the offense, including:
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| (A) the seriousness of the offense,
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| (B) whether the minor is charged through | 26 |
| accountability,
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| (C) whether there is evidence the offense was | 2 |
| committed in an aggressive and premeditated | 3 |
| manner,
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| (D) whether there is evidence the offense | 5 |
| caused serious bodily harm,
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| (E) whether there is evidence the minor | 7 |
| possessed a deadly weapon;
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| (iv) the advantages of treatment within the | 9 |
| juvenile justice system including whether there are | 10 |
| facilities or programs, or both, particularly | 11 |
| available in the juvenile system;
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| (v) whether the security of the public requires | 13 |
| sentencing under Chapter V of the Unified Code of | 14 |
| Corrections:
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| (A) the minor's history of services, including | 16 |
| the minor's willingness to participate | 17 |
| meaningfully in available services;
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| (B) whether there is a reasonable likelihood | 19 |
| that the minor can be rehabilitated before the | 20 |
| expiration of the juvenile court's jurisdiction;
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| (C) the adequacy of the punishment or | 22 |
| services.
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| In considering these factors, the court shall give | 24 |
| greater
weight to the seriousness of the alleged offense | 25 |
| and the minor's prior record
of delinquency than to the | 26 |
| other factors listed in this subsection.
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| (4) The rules of evidence for this hearing shall be the | 2 |
| same as under
Section 5-705 of this Act. A minor must be | 3 |
| represented in court by counsel
before the hearing may be | 4 |
| commenced.
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| (5) If criminal proceedings are instituted, the petition | 6 |
| for adjudication
of wardship shall be dismissed insofar as the | 7 |
| act or acts involved in the
criminal proceedings. Taking of | 8 |
| evidence in a trial on petition for
adjudication of wardship is | 9 |
| a bar to criminal proceedings based upon the
conduct alleged in | 10 |
| the petition.
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| (6) The jurisdiction of the Juvenile Court for the | 12 |
| prosecution of an alleged violation of Section 11-20.4 of the | 13 |
| Criminal Code of 1961 shall be determined as provided in that | 14 |
| Section. | 15 |
| (Source: P.A. 94-556, eff. 9-11-05; 94-574, eff. 8-12-05; | 16 |
| 95-331, eff. 8-21-07.)
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| Section 10. The Criminal Code of 1961 is amended by adding | 18 |
| Section 11-20.4 as follows: | 19 |
| (720 ILCS 5/11-20.4 new) | 20 |
| Sec. 11-20.4. Minor electronically disseminating indecent | 21 |
| visual depiction of himself or herself to another person. | 22 |
| (a) For the purposes of this Section: | 23 |
| "Computer" has the meaning ascribed to it in Section | 24 |
| 16D-2 of this Code. |
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| "Electronic communication device" means an electronic | 2 |
| device, including but not limited to a wireless telephone, | 3 |
| personal digital assistant, or a portable or mobile | 4 |
| computer, that is capable of transmitting images or | 5 |
| pictures. | 6 |
| "Indecent visual depiction" means the depiction of a | 7 |
| lewd exhibition of the unclothed or transparently clothed | 8 |
| genitals, pubic area, buttocks, or, if the person is | 9 |
| female, a fully or partially developed breast of the | 10 |
| person. | 11 |
| "Minor" means a person under 18 years of age. | 12 |
| (b) A minor shall not knowingly and voluntarily and without | 13 |
| threat or coercion use a computer or electronic communication | 14 |
| device to transmit an indecent visual depiction of himself or | 15 |
| herself to another person. | 16 |
| (c) A person shall not possess a visual depiction | 17 |
| transmitted to the person in violation of subsection (b) of | 18 |
| this Section. It is not a violation of this subsection (c) if | 19 |
| the person took reasonable steps, whether successful or not, to | 20 |
| destroy or eliminate the visual depiction within a reasonable | 21 |
| time after discovering the depiction. | 22 |
| (d) Sentence. | 23 |
| (1) A person 18 years of age or older who violates | 24 |
| subsection (c) of this Section is guilty of a Class B | 25 |
| misdemeanor. | 26 |
| (2) Except as provided in paragraph (3) of this |
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| subsection (d), a minor who violates subsection (b) or (c) | 2 |
| of this Section shall be adjudicated a delinquent minor | 3 |
| under the Juvenile Court Act of 1987. | 4 |
| (3) A minor who violates subsection (b) or (c) of this | 5 |
| Section who has previously been adjudicated in violation of | 6 |
| either of those subsections may be either adjudicated a | 7 |
| delinquent minor under the Juvenile Court Act of 1987 or | 8 |
| subject to discretionary transfer for prosecution under | 9 |
| the criminal laws of this State in accordance with | 10 |
| subsection (3) of Section 5-805 of that Act. A minor | 11 |
| subject to discretionary transfer for a violation is guilty | 12 |
| of a Class B misdemeanor. | 13 |
| (e) This Section shall not be construed to prohibit a | 14 |
| prosecution for disorderly conduct, public indecency, child | 15 |
| pornography, a violation of the Harassing and Obscene | 16 |
| Communications Act, or any other applicable provision of law. ".
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