Full Text of HB2128 103rd General Assembly
HB2128 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB2128 Introduced 2/7/2023, by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED: |
| 705 ILCS 405/5-805 | | 705 ILCS 405/5-130 rep. | |
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Amends the Juvenile Court Act. Repeals a provision excluding certain minors accused of committing specified crimes from the jurisdiction of the juvenile court. In provisions concerning presumptive transfers, provides that a State's Attorney may file a petition for transfer to criminal court for a minor who is at least 16 years of age and charged with first degree murder, aggravated criminal sexual assault, or specified instances of aggravated battery with a firearm.
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| | A BILL FOR |
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| 1 | | AN ACT concerning juvenile court.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing Section 5-805 as follows:
| 6 | | (705 ILCS 405/5-805)
| 7 | | Sec. 5-805. Transfer of jurisdiction.
| 8 | | (1) (Blank).
| 9 | | (2) Presumptive transfer.
| 10 | | (a) If a petition is filed under this subsection by | 11 | | the State's Attorney and the juvenile judge
assigned to | 12 | | hear and determine motions to transfer a case for | 13 | | prosecution in
the criminal court determines that there is | 14 | | probable cause to believe that the
allegations in the | 15 | | petition and motion are true, there is a rebuttable
| 16 | | presumption that the minor is not a fit and proper subject | 17 | | to be dealt with
under the Juvenile Justice Reform | 18 | | Provisions of 1998 (Public Act 90-590),
and that, except | 19 | | as provided in paragraph (b), the case should be | 20 | | transferred
to the criminal court. The State's Attorney | 21 | | may file a petition, at any time prior to
commencement of | 22 | | the minor's trial, to permit prosecution under the | 23 | | criminal
laws and alleging that: If the State's Attorney |
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| 1 | | files a petition, at any time prior to
commencement of the | 2 | | minor's trial, to permit prosecution under the criminal
| 3 | | laws and the petition alleges | 4 | | (1) the minor is at least 16 years of age and | 5 | | charged with first degree murder, aggravated criminal | 6 | | sexual assault, or aggravated batter with a firearm as | 7 | | described in Section 12-4.2 or subdivision (e)(1), | 8 | | (e)(2), (e)(3), or (e)(4) of Section 12-3.05 where the | 9 | | minor personally discharged a firearm as defined in | 10 | | Section 2-15.5 of the Criminal Code of 1961 or the | 11 | | Criminal Code of 2012; or | 12 | | (2) a minor 15 years of age or older committed
of | 13 | | an act that constitutes a forcible felony under the | 14 | | laws of this State, and
if a motion by the State's | 15 | | Attorney to prosecute the minor under the criminal
| 16 | | laws of Illinois for the alleged forcible felony | 17 | | alleges that (i) the minor has
previously been | 18 | | adjudicated delinquent or found guilty for commission | 19 | | of an act
that constitutes a forcible felony under the | 20 | | laws of this State or any other state and
(ii) the act | 21 | | that constitutes the offense was committed in | 22 | | furtherance of
criminal activity by an organized gang , | 23 | | and, if the juvenile judge
assigned to hear and | 24 | | determine motions to transfer a case for prosecution | 25 | | in
the criminal court determines that there is | 26 | | probable cause to believe that the
allegations in the |
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| 1 | | petition and motion are true, there is a rebuttable
| 2 | | presumption that the minor is not a fit and proper | 3 | | subject to be dealt with
under the Juvenile Justice | 4 | | Reform Provisions of 1998 (Public Act 90-590),
and | 5 | | that, except as provided in paragraph (b), the case | 6 | | should be transferred
to the criminal court .
| 7 | | (b) The judge shall enter an order permitting | 8 | | prosecution under the
criminal laws of Illinois unless the | 9 | | judge makes a finding based on clear and
convincing | 10 | | evidence that the minor would be amenable to the care, | 11 | | treatment,
and training programs available through the | 12 | | facilities of the juvenile court
based on an evaluation of | 13 | | the following:
| 14 | | (i) the age of the minor;
| 15 | | (ii) the history of the minor, including:
| 16 | | (A) any previous delinquent or criminal | 17 | | history of the minor, | 18 | | (B) any previous abuse or neglect history of | 19 | | the minor, and
| 20 | | (C) any mental health, physical or educational | 21 | | history of the minor or combination of these | 22 | | factors;
| 23 | | (iii) the circumstances of the offense, including:
| 24 | | (A) the seriousness of the offense,
| 25 | | (B) whether the minor is charged through | 26 | | accountability,
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| 1 | | (C) whether there is evidence the offense was | 2 | | committed in an aggressive and premeditated | 3 | | manner,
| 4 | | (D) whether there is evidence the offense | 5 | | caused serious bodily harm,
| 6 | | (E) whether there is evidence the minor | 7 | | possessed a deadly weapon;
| 8 | | (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;
| 12 | | (v) whether the security of the public requires | 13 | | sentencing under Chapter V of the Unified Code of | 14 | | Corrections:
| 15 | | (A) the minor's history of services, including | 16 | | the minor's willingness to participate | 17 | | meaningfully in available services;
| 18 | | (B) whether there is a reasonable likelihood | 19 | | that the minor can be rehabilitated before the | 20 | | expiration of the juvenile court's jurisdiction;
| 21 | | (C) the adequacy of the punishment or | 22 | | services.
| 23 | | 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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| 1 | | (3) Discretionary transfer.
| 2 | | (a) If a petition alleges commission by a minor 13 | 3 | | years of age or over of
an act that constitutes a crime | 4 | | under the laws of this State and, on motion of
the State's | 5 | | Attorney to permit prosecution of the minor under the | 6 | | criminal
laws, a Juvenile Judge assigned by the Chief | 7 | | Judge of the Circuit to hear and
determine those motions, | 8 | | after hearing but before commencement of the
trial, finds | 9 | | that there is probable cause to believe that the
| 10 | | allegations in the motion are true and that it is not in | 11 | | the best interests
of the public to proceed under this | 12 | | Act, the court may enter an
order permitting prosecution | 13 | | under the criminal laws.
| 14 | | (b) In making its determination on the motion to | 15 | | permit prosecution under
the criminal laws, the court | 16 | | shall consider among other matters:
| 17 | | (i) the age of the minor;
| 18 | | (ii) the history of the minor, including:
| 19 | | (A) any previous delinquent or criminal | 20 | | history of the minor,
| 21 | | (B) any previous abuse or neglect history of | 22 | | the minor, and
| 23 | | (C) any mental health, physical, or | 24 | | educational history of the minor or combination of | 25 | | these factors;
| 26 | | (iii) the circumstances of the offense, including:
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| 1 | | (A) the seriousness of the offense,
| 2 | | (B) whether the minor is charged through | 3 | | accountability,
| 4 | | (C) whether there is evidence the offense was | 5 | | committed in an aggressive and premeditated | 6 | | manner,
| 7 | | (D) whether there is evidence the offense | 8 | | caused serious bodily harm,
| 9 | | (E) whether there is evidence the minor | 10 | | possessed a deadly weapon;
| 11 | | (iv) the advantages of treatment within the | 12 | | juvenile justice system including whether there are | 13 | | facilities or programs, or both, particularly | 14 | | available in the juvenile system;
| 15 | | (v) whether the security of the public requires | 16 | | sentencing under Chapter V of the Unified Code of | 17 | | Corrections:
| 18 | | (A) the minor's history of services, including | 19 | | the minor's willingness to participate | 20 | | meaningfully in available services;
| 21 | | (B) whether there is a reasonable likelihood | 22 | | that the minor can be rehabilitated before the | 23 | | expiration of the juvenile court's jurisdiction;
| 24 | | (C) the adequacy of the punishment or | 25 | | services.
| 26 | | In considering these factors, the court shall give |
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| 1 | | greater
weight to the seriousness of the alleged offense, | 2 | | the minor's prior record
of delinquency than to the other | 3 | | factors listed in this subsection.
| 4 | | (4) The rules of evidence for this hearing shall be the | 5 | | same as under
Section 5-705 of this Act. A minor must be | 6 | | represented in court by counsel
before the hearing may be | 7 | | commenced.
| 8 | | (5) If criminal proceedings are instituted, the petition | 9 | | for adjudication
of wardship shall be dismissed insofar as the | 10 | | act or acts involved in the
criminal proceedings. Taking of | 11 | | evidence in a trial on petition for
adjudication of wardship | 12 | | is a bar to criminal proceedings based upon the
conduct | 13 | | alleged in the petition.
| 14 | | (6) When criminal prosecution is permitted under this | 15 | | Section and a finding of guilt is entered, the criminal court | 16 | | shall sentence the minor under Section 5-4.5-105 of the | 17 | | Unified Code of Corrections. | 18 | | (7) The changes made to this Section by this amendatory | 19 | | Act of the 99th General Assembly apply to a minor who has been | 20 | | taken into custody on or after the effective date of this | 21 | | amendatory Act of the 99th General Assembly. | 22 | | (Source: P.A. 99-258, eff. 1-1-16 .)
| 23 | | (705 ILCS 405/5-130 rep.) | 24 | | Section 10. The Juvenile Court Act of 1987 is amended by | 25 | | repealing Section 5-130.
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