Full Text of HB1128 96th General Assembly
HB1128 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB1128
Introduced 2/11/2009, by Rep. Annazette Collins SYNOPSIS AS INTRODUCED: |
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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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HB1128 |
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LRB096 07480 RLC 17573 b |
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| AN ACT concerning courts.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Juvenile Court Act of 1987 is amended by | 5 |
| changing Section 5-130 as follows:
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| (705 ILCS 405/5-130)
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| Sec. 5-130. Excluded jurisdiction.
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| (1) (a) The
The definition of delinquent minor under | 9 |
| Section 5-120 of this
Article shall not apply to any minor who | 10 |
| at the time of an offense was at
least 15 years of age and who | 11 |
| is charged with: (i) first degree murder, (ii) aggravated
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| criminal sexual assault, (iii) aggravated battery with a | 13 |
| firearm
where the minor personally discharged a firearm as | 14 |
| defined in Section 2-15.5 of the Criminal Code of 1961, (iv) | 15 |
| armed robbery when the
armed robbery was committed with a | 16 |
| firearm, or (v)
aggravated vehicular hijacking
when the | 17 |
| hijacking was committed with a firearm. | 18 |
| These charges and all other charges arising out of the same | 19 |
| incident shall
be prosecuted under the criminal laws of this | 20 |
| State.
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| (b) (i) If before trial or plea an information or | 22 |
| indictment is filed that
does not charge an offense specified | 23 |
| in paragraph (a) of this subsection
(1) the State's Attorney |
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HB1128 |
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LRB096 07480 RLC 17573 b |
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| may proceed on any lesser charge or charges, but
only in | 2 |
| Juvenile Court under the provisions of this Article. The | 3 |
| State's
Attorney may proceed under the Criminal Code of 1961 on | 4 |
| a lesser charge if
before trial the minor defendant knowingly | 5 |
| and with advice of counsel waives,
in writing, his or her right | 6 |
| to have the matter proceed in Juvenile Court.
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| (ii) If before trial or plea an information or indictment | 8 |
| is filed that
includes one or more charges specified in | 9 |
| paragraph (a) of this subsection
(1) and
additional charges | 10 |
| that are not specified in that paragraph, all of the charges
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| arising out of the same incident shall be prosecuted under the | 12 |
| Criminal Code of
1961.
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| (c) (i) If after trial or plea the minor is convicted of | 14 |
| any offense
covered by paragraph (a) of this subsection (1), | 15 |
| then, in sentencing the minor,
the court shall have available | 16 |
| any or all dispositions prescribed for that
offense under | 17 |
| Chapter V of the Unified Code of Corrections.
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| (ii) If after trial or plea the court finds that the minor | 19 |
| committed an
offense not covered by paragraph (a) of this | 20 |
| subsection (1), that finding shall
not invalidate the verdict | 21 |
| or the prosecution of the minor under the criminal
laws of the | 22 |
| State; however, unless the State requests a hearing for the
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| purpose of sentencing the minor under Chapter V of the Unified | 24 |
| Code of
Corrections, the Court must proceed under Sections | 25 |
| 5-705 and 5-710 of this
Article. To request a hearing, the | 26 |
| State must file a written motion within 10
days following the |
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HB1128 |
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LRB096 07480 RLC 17573 b |
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| entry of a finding or the return of a verdict. Reasonable
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| notice of the motion shall be given to the minor or his or her | 3 |
| counsel.
If the motion is made by the State, the court shall | 4 |
| conduct a hearing to
determine if the minor should be sentenced | 5 |
| under Chapter V of the Unified Code
of Corrections. In making | 6 |
| its determination, the court shall consider among
other | 7 |
| matters: (a) whether there is
evidence that the offense was | 8 |
| committed in an aggressive and premeditated
manner; (b) the age | 9 |
| of the minor; (c) the previous history of the
minor; (d) | 10 |
| whether there are facilities particularly available to the | 11 |
| Juvenile
Court or the Department of Juvenile Justice for the | 12 |
| treatment
and rehabilitation of the minor; (e) whether
the | 13 |
| security of the public requires sentencing under Chapter V of | 14 |
| the
Unified Code of Corrections; and (f) whether the minor | 15 |
| possessed a deadly
weapon when committing the offense. The | 16 |
| rules of evidence shall be the same as
if at trial. If after | 17 |
| the hearing the court finds that the minor should be
sentenced | 18 |
| under Chapter V of the Unified Code of Corrections, then the | 19 |
| court
shall sentence the minor accordingly having available to | 20 |
| it any or all
dispositions so prescribed.
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| (2) (Blank).
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| (3) (a) The definition of delinquent minor under Section
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| 5-120 of this
Article shall not apply to any minor who at the | 24 |
| time of the offense was at
least 15 years of age and who is | 25 |
| charged with a violation of the provisions of
paragraph (1), | 26 |
| (3), (4), or (10) of subsection (a) of Section 24-1 of the
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HB1128 |
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LRB096 07480 RLC 17573 b |
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| Criminal Code of 1961 while in school, regardless of the time | 2 |
| of day or the
time of year, or on the real property comprising | 3 |
| any school, regardless of the
time of day or the time of year. | 4 |
| School is defined, for purposes of this
Section as any public | 5 |
| or private elementary or secondary school, community
college, | 6 |
| college, or university. These charges and all other charges | 7 |
| arising
out of the same incident shall be prosecuted under the | 8 |
| criminal laws of this
State.
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| (b) (i) If before trial or plea an information or | 10 |
| indictment is filed that
does not charge an offense specified | 11 |
| in paragraph (a) of this subsection (3)
the State's Attorney | 12 |
| may proceed on any lesser charge or charges, but only in
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| Juvenile Court under the provisions of this Article. The | 14 |
| State's Attorney may
proceed under the criminal laws of this | 15 |
| State on a lesser charge if before
trial the minor defendant | 16 |
| knowingly and with advice of counsel waives, in
writing, his or | 17 |
| her right to have the matter proceed in Juvenile Court.
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| (ii) If before trial or plea an information or indictment | 19 |
| is filed that
includes one or more charges specified in | 20 |
| paragraph (a) of this subsection (3)
and additional charges | 21 |
| that are not specified in that paragraph, all of the
charges | 22 |
| arising out of the same incident shall be prosecuted under the | 23 |
| criminal
laws of this State.
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| (c) (i) If after trial or plea the minor is convicted of | 25 |
| any offense
covered by paragraph (a) of this subsection (3), | 26 |
| then, in sentencing the minor,
the court shall have available |
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HB1128 |
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LRB096 07480 RLC 17573 b |
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| any or all dispositions prescribed for that
offense under | 2 |
| Chapter V of the Unified Code of Corrections.
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| (ii) If after trial or plea the court finds that the minor | 4 |
| committed an
offense not covered by paragraph (a) of this | 5 |
| subsection (3), that finding shall
not invalidate the verdict | 6 |
| or the prosecution of the minor under the criminal
laws of the | 7 |
| State; however, unless the State requests a hearing for the
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| purpose of sentencing the minor under Chapter V of the Unified | 9 |
| Code of
Corrections, the Court must proceed under Sections | 10 |
| 5-705 and 5-710 of this
Article. To request a hearing, the | 11 |
| State must file a written motion within 10
days following the | 12 |
| entry of a finding or the return of a verdict. Reasonable
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| notice of the motion shall be given to the minor or his or her | 14 |
| counsel. If the
motion is made by the State, the court shall | 15 |
| conduct a hearing to determine if
the minor should be sentenced | 16 |
| under Chapter V of the Unified Code of
Corrections. In making | 17 |
| its determination, the court shall consider
among other | 18 |
| matters: (a) whether there is
evidence that the offense was | 19 |
| committed in an aggressive and premeditated
manner; (b) the age | 20 |
| of the minor; (c) the previous history of the
minor; (d) | 21 |
| whether there are facilities particularly available to the | 22 |
| Juvenile
Court or the Department of Juvenile Justice for the | 23 |
| treatment
and rehabilitation of the minor; (e) whether
the | 24 |
| security of the public requires sentencing under Chapter V of | 25 |
| the
Unified Code of Corrections; and (f) whether the minor | 26 |
| possessed a deadly
weapon when committing the offense. The |
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HB1128 |
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LRB096 07480 RLC 17573 b |
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| rules of evidence shall be the same as
if at trial. If after | 2 |
| the hearing the court finds that the minor should be
sentenced | 3 |
| under Chapter V of the Unified Code of Corrections, then the | 4 |
| court
shall sentence the minor accordingly having available to | 5 |
| it any or all
dispositions so prescribed.
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| (4) (a) The definition of delinquent minor under Section | 7 |
| 5-120 of this
Article
shall not apply to any minor who at the | 8 |
| time of an offense was at least 13
years of age and who is | 9 |
| charged with first degree murder committed during the
course of | 10 |
| either aggravated criminal sexual assault, criminal sexual | 11 |
| assault,
or aggravated kidnaping. However, this subsection (4) | 12 |
| does not include a minor
charged with first degree murder based | 13 |
| exclusively upon the accountability
provisions of the Criminal | 14 |
| Code of 1961.
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| (b) (i) If before trial or plea an information or | 16 |
| indictment is filed that
does not charge first degree murder | 17 |
| committed during the course of aggravated
criminal sexual | 18 |
| assault, criminal
sexual assault, or aggravated kidnaping, the | 19 |
| State's Attorney may proceed on
any lesser charge or charges, | 20 |
| but only in Juvenile Court under the provisions
of this | 21 |
| Article. The State's Attorney may proceed under the criminal | 22 |
| laws of
this State
on a lesser charge if before trial the minor | 23 |
| defendant knowingly and with
advice of counsel waives, in | 24 |
| writing, his or her right to have the matter
proceed in | 25 |
| Juvenile Court.
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| (ii) If before trial or plea an information or
indictment |
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HB1128 |
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LRB096 07480 RLC 17573 b |
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| is filed that includes first degree murder committed during the
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| course of aggravated criminal sexual assault, criminal sexual | 3 |
| assault, or
aggravated kidnaping, and additional charges that | 4 |
| are not specified in
paragraph (a) of this subsection, all of | 5 |
| the charges arising out of the same
incident shall be | 6 |
| prosecuted under the criminal laws of this State.
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| (c) (i) If after trial or plea the minor is convicted of | 8 |
| first degree
murder
committed during the course of aggravated | 9 |
| criminal sexual assault, criminal
sexual assault, or | 10 |
| aggravated kidnaping, in sentencing the minor, the court
shall | 11 |
| have available any or all dispositions prescribed for that | 12 |
| offense under
Chapter V of the Unified Code of Corrections.
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| (ii) If the minor was not yet 15
years of age at the time of | 14 |
| the offense, and if after trial or plea the court
finds that | 15 |
| the minor
committed an offense other than first degree murder | 16 |
| committed during
the course of either aggravated criminal | 17 |
| sexual assault, criminal sexual
assault, or aggravated | 18 |
| kidnapping, the finding shall not invalidate the
verdict or the | 19 |
| prosecution of the minor under the criminal laws of the State;
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| however, unless the State requests a hearing for the purpose of | 21 |
| sentencing the
minor under
Chapter V of the Unified Code of | 22 |
| Corrections, the Court must proceed under
Sections 5-705 and | 23 |
| 5-710 of this Article. To request a hearing, the State must
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| file a written motion within 10 days following the entry of a | 25 |
| finding or the
return of a verdict. Reasonable notice of the | 26 |
| motion shall be given to the
minor or his or her counsel. If |
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HB1128 |
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LRB096 07480 RLC 17573 b |
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| the motion is made by the State, the court
shall conduct a | 2 |
| hearing to determine whether the minor should be sentenced
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| under Chapter V of the
Unified Code of Corrections. In making | 4 |
| its determination, the court shall
consider among other | 5 |
| matters: (a) whether there is evidence that the offense
was | 6 |
| committed in an
aggressive and premeditated manner; (b) the age | 7 |
| of the minor; (c) the
previous delinquent history of the minor; | 8 |
| (d) whether there are facilities
particularly available to the | 9 |
| Juvenile Court or the Department of Juvenile Justice
for the | 10 |
| treatment and rehabilitation of the minor; (e) whether the best
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| interest of the minor and the security of the public require | 12 |
| sentencing under
Chapter V of the Unified Code of Corrections; | 13 |
| and (f) whether the minor
possessed a deadly weapon when | 14 |
| committing the offense. The rules of evidence
shall be the same | 15 |
| as if at trial. If after the hearing the court finds that
the | 16 |
| minor should be sentenced under Chapter V of the Unified Code | 17 |
| of
Corrections, then the court shall sentence the minor | 18 |
| accordingly having
available to it any or all dispositions so | 19 |
| prescribed.
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| (5) (a) The definition of delinquent minor under Section | 21 |
| 5-120 of this
Article
shall not apply to any minor who is | 22 |
| charged with a violation of subsection (a)
of Section 31-6 or | 23 |
| Section 32-10 of the Criminal Code of 1961 when the minor is
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| subject to prosecution under the criminal laws of this State as | 25 |
| a result of the
application of the provisions of Section 5-125, | 26 |
| or subsection (1) or (2) of
this Section. These charges and all |
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HB1128 |
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LRB096 07480 RLC 17573 b |
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| other charges arising out of the same
incident shall be | 2 |
| prosecuted under the criminal laws of this State.
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| (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
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| criminal laws of this State.
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| (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.
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| (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 |
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HB1128 |
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LRB096 07480 RLC 17573 b |
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| State; however,
unless the State requests a hearing for the
| 2 |
| purpose of sentencing the minor under Chapter V of the Unified | 3 |
| Code of
Corrections, the Court must proceed under Sections | 4 |
| 5-705 and 5-710 of this
Article.
To request a hearing, the | 5 |
| State must file a written motion within 10 days
following the | 6 |
| entry of a finding or the return of a verdict. Reasonable | 7 |
| notice
of the motion shall be given to the minor or his or her | 8 |
| counsel. If the motion
is made by the State, the court shall | 9 |
| conduct a hearing to determine if whether
the minor should be | 10 |
| sentenced under Chapter V of the Unified Code of
Corrections. | 11 |
| In making its determination, the court shall consider among | 12 |
| other
matters: (a) whether there is evidence that the offense | 13 |
| was committed in an
aggressive and premeditated manner; (b) the | 14 |
| age of the minor; (c) the previous
delinquent history of the | 15 |
| minor; (d) whether there are facilities particularly
available | 16 |
| to the Juvenile Court or the Department of Juvenile Justice for | 17 |
| the treatment and rehabilitation of the minor; (e) whether
the | 18 |
| security of the public requires sentencing under Chapter V of | 19 |
| the Unified
Code of Corrections; and (f) whether the minor | 20 |
| possessed a deadly weapon when
committing the offense. The | 21 |
| rules of evidence shall be the same as if at
trial. If after | 22 |
| the hearing the court finds that the minor should be sentenced
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| under Chapter V of the Unified Code of Corrections, then the | 24 |
| court shall
sentence the minor accordingly having available to | 25 |
| it any or all dispositions
so prescribed.
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| (6) The definition of delinquent minor under Section 5-120 |
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HB1128 |
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LRB096 07480 RLC 17573 b |
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| of this Article
shall not apply to any minor who, pursuant to | 2 |
| subsection (1) or (3) or
Section 5-805 or 5-810, has previously | 3 |
| been placed under the jurisdiction of
the criminal court and | 4 |
| has been convicted of a crime under an adult criminal or
penal | 5 |
| statute. Such a minor shall be subject to prosecution under the | 6 |
| criminal
laws of this State.
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| (7) The procedures set out in this Article for the | 8 |
| investigation, arrest and
prosecution of juvenile offenders | 9 |
| shall not apply to minors who are excluded
from jurisdiction of | 10 |
| the Juvenile Court, except that minors under 17 years of
age | 11 |
| shall be kept separate from confined adults.
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| (8) Nothing in this Act prohibits or limits the prosecution | 13 |
| of any
minor for an offense committed on or after his or her | 14 |
| 17th birthday even though
he or she is at the time of the | 15 |
| offense a ward of the court.
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| (9) If an original petition for adjudication of wardship | 17 |
| alleges the
commission by a minor 13 years of age or
over of an | 18 |
| act that constitutes a crime under the laws of this State,
the | 19 |
| minor, with the consent of his or her counsel, may, at any time | 20 |
| before
commencement of the adjudicatory hearing, file with the | 21 |
| court a motion
that criminal prosecution be ordered and that | 22 |
| the petition be dismissed
insofar as the act or acts involved | 23 |
| in the criminal proceedings are
concerned. If such a motion is | 24 |
| filed as herein provided, the court shall
enter its order | 25 |
| accordingly.
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| (10) If, prior to August 12, 2005 (the effective date of |
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HB1128 |
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LRB096 07480 RLC 17573 b |
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| Public Act 94-574), a minor is charged with a violation of | 2 |
| Section 401 of the Illinois Controlled Substances Act under the | 3 |
| criminal laws of this State, other than a minor charged with a | 4 |
| Class X felony violation of the
Illinois Controlled
Substances | 5 |
| Act or the Methamphetamine Control and Community Protection | 6 |
| Act, any party including the minor or the court sua sponte
may, | 7 |
| before trial,
move for a hearing for the purpose of trying and | 8 |
| sentencing the minor as
a delinquent minor. To request a | 9 |
| hearing, the party must file a motion
prior to trial. | 10 |
| Reasonable notice of the motion shall be given to all
parties. | 11 |
| On its own motion or upon the filing of a motion by one of the
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| parties including the minor, the court shall conduct a hearing | 13 |
| to
determine whether the minor should be tried and sentenced as | 14 |
| a
delinquent minor under this Article. In making its | 15 |
| determination, the
court shall consider among other matters:
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| (a) The age of the minor;
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| (b) Any previous delinquent or criminal history of the | 18 |
| minor;
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| (c) Any previous abuse or neglect history of the minor;
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| (d) Any mental health or educational history of the minor, | 21 |
| or both; and
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| (e) Whether there is probable cause to support the charge, | 23 |
| whether
the minor is charged through accountability, and | 24 |
| whether there is
evidence the minor possessed a deadly weapon | 25 |
| or caused serious
bodily harm during the offense.
| 26 |
| Any material that is relevant and reliable shall be |
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HB1128 |
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LRB096 07480 RLC 17573 b |
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| admissible at the
hearing. In
all cases, the judge shall enter | 2 |
| an order permitting prosecution
under the criminal laws of | 3 |
| Illinois unless the judge makes a finding
based on a | 4 |
| preponderance of the evidence that the minor would be
amenable | 5 |
| to the care, treatment, and training programs available
through | 6 |
| the facilities of the juvenile court based on an evaluation of
| 7 |
| the factors listed in this subsection (10).
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| (Source: P.A. 94-556, eff. 9-11-05; 94-574, eff. 8-12-05; | 9 |
| 94-696, eff. 6-1-06 .)
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