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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB0289 Introduced , by Rep. Arthur Turner SYNOPSIS AS INTRODUCED: |
| | Amends the Juvenile Court Act of 1987. Makes a technical change in a Section concerning delinquent minors.
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| | A BILL FOR |
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| | HB0289 | | LRB099 06044 RLC 26098 b |
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1 | | AN ACT concerning courts.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Juvenile Court Act of 1987 is amended by |
5 | | changing Section 5-130 as follows:
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6 | | (705 ILCS 405/5-130)
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7 | | Sec. 5-130. Excluded jurisdiction.
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8 | | (1)(a) The
The definition of delinquent minor under Section |
9 | | 5-120 of this
Article shall not apply to any minor who at the |
10 | | time of an offense was at
least 15 years of age and who is |
11 | | charged with: (i) first degree murder, (ii) aggravated
criminal |
12 | | sexual assault, (iii) aggravated battery with a firearm as |
13 | | described in Section 12-4.2 or subdivision (e)(1), (e)(2), |
14 | | (e)(3), or (e)(4) of Section 12-3.05
where the minor personally |
15 | | discharged a firearm as defined in Section 2-15.5 of the |
16 | | Criminal Code of 1961 or the Criminal Code of 2012, (iv) armed |
17 | | robbery when the
armed robbery was committed with a firearm, or |
18 | | (v)
aggravated vehicular hijacking
when the hijacking was |
19 | | committed with a firearm. |
20 | | These charges and all other charges arising out of the same |
21 | | incident shall
be prosecuted under the criminal laws of this |
22 | | State.
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23 | | (b)(i) If before trial or plea an information or indictment |
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1 | | is filed that
does not charge an offense specified in paragraph |
2 | | (a) of this subsection
(1) the State's Attorney may proceed on |
3 | | any lesser charge or charges, but
only in Juvenile Court under |
4 | | the provisions of this Article. The State's
Attorney may |
5 | | proceed on a lesser charge if
before trial the minor defendant |
6 | | knowingly and with advice of counsel waives,
in writing, his or |
7 | | her right to have the matter proceed in Juvenile Court.
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8 | | (ii) If before trial or plea an information or indictment |
9 | | is filed that
includes one or more charges specified in |
10 | | paragraph (a) of this subsection
(1) and
additional charges |
11 | | that are not specified in that paragraph, all of the charges
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12 | | arising out of the same incident shall be prosecuted under the |
13 | | Criminal Code of
1961 or the Criminal Code of 2012.
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14 | | (c)(i) If after trial or plea the minor is convicted of any |
15 | | offense
covered by paragraph (a) of this subsection (1), then, |
16 | | in sentencing the minor,
the court shall have available any or |
17 | | all dispositions prescribed for that
offense under Chapter V of |
18 | | the Unified Code of Corrections.
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19 | | (ii) If after trial or plea the court finds that the minor |
20 | | committed an
offense not covered by paragraph (a) of this |
21 | | subsection (1), that finding shall
not invalidate the verdict |
22 | | or the prosecution of the minor under the criminal
laws of the |
23 | | State; however, unless the State requests a hearing for the
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24 | | purpose of sentencing the minor under Chapter V of the Unified |
25 | | Code of
Corrections, the Court must proceed under Sections |
26 | | 5-705 and 5-710 of this
Article. To request a hearing, the |
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1 | | State must file a written motion within 10
days following the |
2 | | entry of a finding or the return of a verdict. Reasonable
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3 | | notice of the motion shall be given to the minor or his or her |
4 | | counsel.
If the motion is made by the State, the court shall |
5 | | conduct a hearing to
determine if the minor should be sentenced |
6 | | under Chapter V of the Unified Code
of Corrections. In making |
7 | | its determination, the court shall consider among
other |
8 | | matters: (a) whether there is
evidence that the offense was |
9 | | committed in an aggressive and premeditated
manner; (b) the age |
10 | | of the minor; (c) the previous history of the
minor; (d) |
11 | | whether there are facilities particularly available to the |
12 | | Juvenile
Court or the Department of Juvenile Justice for the |
13 | | treatment
and rehabilitation of the minor; (e) whether
the |
14 | | security of the public requires sentencing under Chapter V of |
15 | | the
Unified Code of Corrections; and (f) whether the minor |
16 | | possessed a deadly
weapon when committing the offense. The |
17 | | rules of evidence shall be the same as
if at trial. If after |
18 | | the hearing the court finds that the minor should be
sentenced |
19 | | under Chapter V of the Unified Code of Corrections, then the |
20 | | court
shall sentence the minor accordingly having available to |
21 | | it any or all
dispositions so prescribed.
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22 | | (2) (Blank).
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23 | | (3)(a) The definition of delinquent minor under Section
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24 | | 5-120 of this
Article shall not apply to any minor who at the |
25 | | time of the offense was at
least 15 years of age and who is |
26 | | charged with a violation of the provisions of
paragraph (1), |
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1 | | (3), (4), or (10) of subsection (a) of Section 24-1 of the
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2 | | Criminal Code of 1961 or the Criminal Code of 2012 while in |
3 | | school, regardless of the time of day or the
time of year, or |
4 | | on the real property comprising any school, regardless of the
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5 | | time of day or the time of year. School is defined, for |
6 | | purposes of this
Section as any public or private elementary or |
7 | | secondary school, community
college, college, or university. |
8 | | These charges and all other charges arising
out of the same |
9 | | incident shall be prosecuted under the criminal laws of this
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10 | | State.
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11 | | (b)(i) If before trial or plea an information or indictment |
12 | | is filed that
does not charge an offense specified in paragraph |
13 | | (a) of this subsection (3)
the State's Attorney may proceed on |
14 | | any lesser charge or charges, but only in
Juvenile Court under |
15 | | the provisions of this Article. The State's Attorney may
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16 | | proceed under the criminal laws of this State on a lesser |
17 | | charge if before
trial the minor defendant knowingly and with |
18 | | advice of counsel waives, in
writing, his or her right to have |
19 | | the matter proceed in Juvenile Court.
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20 | | (ii) If before trial or plea an information or indictment |
21 | | is filed that
includes one or more charges specified in |
22 | | paragraph (a) of this subsection (3)
and additional charges |
23 | | that are not specified in that paragraph, all of the
charges |
24 | | arising out of the same incident shall be prosecuted under the |
25 | | criminal
laws of this State.
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26 | | (c)(i) If after trial or plea the minor is convicted of any |
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1 | | offense
covered by paragraph (a) of this subsection (3), then, |
2 | | in sentencing the minor,
the court shall have available any or |
3 | | all dispositions prescribed for that
offense under Chapter V of |
4 | | the Unified Code of Corrections.
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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 (3), 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
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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 Juvenile Justice for the |
25 | | treatment
and rehabilitation of the minor; (e) whether
the |
26 | | security of the public requires sentencing under Chapter V of |
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1 | | the
Unified Code of Corrections; and (f) whether the minor |
2 | | possessed a deadly
weapon when committing the offense. The |
3 | | rules of evidence shall be the same as
if at trial. If after |
4 | | the hearing the court finds that the minor should be
sentenced |
5 | | under Chapter V of the Unified Code of Corrections, then the |
6 | | court
shall sentence the minor accordingly having available to |
7 | | it any or all
dispositions so prescribed.
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8 | | (4)(a) The definition of delinquent minor under Section |
9 | | 5-120 of this
Article
shall not apply to any minor who at the |
10 | | time of an offense was at least 13
years of age and who is |
11 | | charged with first degree murder committed during the
course of |
12 | | either aggravated criminal sexual assault, criminal sexual |
13 | | assault,
or aggravated kidnaping. However, this subsection (4) |
14 | | does not include a minor
charged with first degree murder based |
15 | | exclusively upon the accountability
provisions of the Criminal |
16 | | Code of 1961 or the Criminal Code of 2012.
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17 | | (b)(i) If before trial or plea an information or indictment |
18 | | is filed that
does not charge first degree murder committed |
19 | | during the course of aggravated
criminal sexual assault, |
20 | | criminal
sexual assault, or aggravated kidnaping, the State's |
21 | | Attorney may proceed on
any lesser charge or charges, but only |
22 | | in Juvenile Court under the provisions
of this Article. The |
23 | | State's Attorney may proceed under the criminal laws of
this |
24 | | State
on a lesser charge if before trial the minor defendant |
25 | | knowingly and with
advice of counsel waives, in writing, his or |
26 | | her right to have the matter
proceed in Juvenile Court.
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1 | | (ii) If before trial or plea an information or
indictment |
2 | | is filed that includes first degree murder committed during the
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3 | | course of aggravated criminal sexual assault, criminal sexual |
4 | | assault, or
aggravated kidnaping, and additional charges that |
5 | | are not specified in
paragraph (a) of this subsection, all of |
6 | | the charges arising out of the same
incident shall be |
7 | | prosecuted under the criminal laws of this State.
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8 | | (c)(i) If after trial or plea the minor is convicted of |
9 | | first degree
murder
committed during the course of aggravated |
10 | | criminal sexual assault, criminal
sexual assault, or |
11 | | aggravated kidnaping, in sentencing the minor, the court
shall |
12 | | have available any or all dispositions prescribed for that |
13 | | offense under
Chapter V of the Unified Code of Corrections.
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14 | | (ii) If the minor was not yet 15
years of age at the time of |
15 | | the offense, and if after trial or plea the court
finds that |
16 | | the minor
committed an offense other than first degree murder |
17 | | committed during
the course of either aggravated criminal |
18 | | sexual assault, criminal sexual
assault, or aggravated |
19 | | kidnapping, the finding shall not invalidate the
verdict or the |
20 | | prosecution of the minor under the criminal laws of the State;
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21 | | however, unless the State requests a hearing for the purpose of |
22 | | sentencing the
minor under
Chapter V of the Unified Code of |
23 | | Corrections, the Court must proceed under
Sections 5-705 and |
24 | | 5-710 of this Article. To request a hearing, the State must
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25 | | file a written motion within 10 days following the entry of a |
26 | | finding or the
return of a verdict. Reasonable notice of the |
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1 | | motion shall be given to the
minor or his or her counsel. If |
2 | | the motion is made by the State, the court
shall conduct a |
3 | | hearing to determine whether the minor should be sentenced
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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 delinquent history of the minor; |
9 | | (d) whether there are facilities
particularly available to the |
10 | | Juvenile Court or the Department of Juvenile Justice
for the |
11 | | treatment and rehabilitation of the minor; (e) whether the best
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12 | | interest of the minor and the security of the public require |
13 | | sentencing under
Chapter V of the Unified Code of Corrections; |
14 | | and (f) whether the minor
possessed a deadly weapon when |
15 | | committing the offense. The rules of evidence
shall be the same |
16 | | as if at trial. If after the hearing the court finds that
the |
17 | | minor should be sentenced under Chapter V of the Unified Code |
18 | | of
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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21 | | (5)(a) The definition of delinquent minor under Section |
22 | | 5-120 of this
Article
shall not apply to any minor who is |
23 | | charged with a violation of subsection (a)
of Section 31-6 or |
24 | | Section 32-10 of the Criminal Code of 1961 or the Criminal Code |
25 | | of 2012 when the minor is
subject to prosecution under the |
26 | | criminal laws of this State as a result of the
application of |
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1 | | the provisions of Section 5-125, or subsection (1) or (2) of
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2 | | this Section. These charges and all other charges arising out |
3 | | of the same
incident shall be prosecuted under the criminal |
4 | | laws of this State.
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5 | | (b)(i) If before trial or plea an information or indictment |
6 | | is filed that
does not charge an offense specified in paragraph |
7 | | (a) of this subsection (5),
the State's Attorney may proceed on |
8 | | any lesser charge or charges, but only in
Juvenile Court under |
9 | | the provisions of this Article. The State's Attorney may
|
10 | | proceed under the criminal laws of this State on a lesser |
11 | | charge if before
trial the minor defendant knowingly and with |
12 | | advice of counsel waives, in
writing, his or her right to have |
13 | | the matter proceed in Juvenile Court.
|
14 | | (ii) If before trial
or plea an information or indictment |
15 | | is filed that includes one or more charges
specified in |
16 | | paragraph (a) of this subsection (5) and additional charges |
17 | | that
are not specified in that paragraph, all of
the charges |
18 | | arising out of the same incident shall be prosecuted under the
|
19 | | criminal laws of this State.
|
20 | | (c)(i) If after trial or plea the minor is convicted of any |
21 | | offense
covered
by paragraph (a) of this subsection (5), then, |
22 | | in sentencing the minor, the
court shall have available any or |
23 | | all dispositions prescribed for that offense
under Chapter V of |
24 | | the Unified Code of Corrections.
|
25 | | (ii) If after trial or
plea the court finds that the minor |
26 | | committed an offense not covered by
paragraph (a) of
this |
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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 Juvenile Justice for |
19 | | the treatment and rehabilitation of the minor; (e) whether
the |
20 | | security of the public requires sentencing under Chapter V of |
21 | | the Unified
Code of Corrections; and (f) whether the minor |
22 | | possessed a deadly weapon when
committing the offense. The |
23 | | rules of evidence shall be the same as if at
trial. If after |
24 | | the hearing the court finds that the minor should be sentenced
|
25 | | under Chapter V of the Unified Code of Corrections, then the |
26 | | court shall
sentence the minor accordingly having available to |
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1 | | it any or all dispositions
so prescribed.
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2 | | (6) The definition of delinquent minor under Section 5-120 |
3 | | of this Article
shall not apply to any minor who, pursuant to |
4 | | subsection (1) or (3) or
Section 5-805 or 5-810, has previously |
5 | | been placed under the jurisdiction of
the criminal court and |
6 | | has been convicted of a crime under an adult criminal or
penal |
7 | | statute. Such a minor shall be subject to prosecution under the |
8 | | criminal
laws of this State.
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9 | | (7) The procedures set out in this Article for the |
10 | | investigation, arrest and
prosecution of juvenile offenders |
11 | | shall not apply to minors who are excluded
from jurisdiction of |
12 | | the Juvenile Court, except that minors under 18 years of
age |
13 | | shall be kept separate from confined adults.
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14 | | (8) Nothing in this Act prohibits or limits the prosecution |
15 | | of any
minor for an offense committed on or after his or her |
16 | | 18th birthday even though
he or she is at the time of the |
17 | | offense a ward of the court.
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18 | | (9) If an original petition for adjudication of wardship |
19 | | alleges the
commission by a minor 13 years of age or
over of an |
20 | | act that constitutes a crime under the laws of this State,
the |
21 | | minor, with the consent of his or her counsel, may, at any time |
22 | | before
commencement of the adjudicatory hearing, file with the |
23 | | court a motion
that criminal prosecution be ordered and that |
24 | | the petition be dismissed
insofar as the act or acts involved |
25 | | in the criminal proceedings are
concerned. If such a motion is |
26 | | filed as herein provided, the court shall
enter its order |
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1 | | accordingly.
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2 | | (10) If, prior to August 12, 2005 (the effective date of |
3 | | Public Act 94-574), a minor is charged with a violation of |
4 | | Section 401 of the Illinois Controlled Substances Act under the |
5 | | criminal laws of this State, other than a minor charged with a |
6 | | Class X felony violation of the
Illinois Controlled
Substances |
7 | | Act or the Methamphetamine Control and Community Protection |
8 | | Act, any party including the minor or the court sua sponte
may, |
9 | | before trial,
move for a hearing for the purpose of trying and |
10 | | sentencing the minor as
a delinquent minor. To request a |
11 | | hearing, the party must file a motion
prior to trial. |
12 | | Reasonable notice of the motion shall be given to all
parties. |
13 | | On its own motion or upon the filing of a motion by one of the
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14 | | parties including the minor, the court shall conduct a hearing |
15 | | to
determine whether the minor should be tried and sentenced as |
16 | | a
delinquent minor under this Article. In making its |
17 | | determination, the
court shall consider among other matters:
|
18 | | (a) The age of the minor;
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19 | | (b) Any previous delinquent or criminal history of the |
20 | | minor;
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21 | | (c) Any previous abuse or neglect history of the minor;
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22 | | (d) Any mental health or educational history of the |
23 | | minor, or both; and
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24 | | (e) Whether there is probable cause to support the |
25 | | charge, whether
the minor is charged through |
26 | | accountability, and whether there is
evidence the minor |
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1 | | possessed a deadly weapon or caused serious
bodily harm |
2 | | during the offense.
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3 | | Any material that is relevant and reliable shall be |
4 | | admissible at the
hearing. In
all cases, the judge shall enter |
5 | | an order permitting prosecution
under the criminal laws of |
6 | | Illinois unless the judge makes a finding
based on a |
7 | | preponderance of the evidence that the minor would be
amenable |
8 | | to the care, treatment, and training programs available
through |
9 | | the facilities of the juvenile court based on an evaluation of
|
10 | | the factors listed in this subsection (10).
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11 | | (11) The changes made to this Section by Public Act 98-61 |
12 | | apply to a minor who has been
arrested or taken into custody on |
13 | | or after January 1, 2014 (the effective date
of Public Act |
14 | | 98-61). |
15 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14; |
16 | | 98-756, eff. 7-16-14.)
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