Full Text of SB0448 94th General Assembly
SB0448 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB0448
Introduced 2/16/2005, by Sen. John J. Cullerton 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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SB0448 |
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LRB094 09308 RXD 39548 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 first degree murder, aggravated
criminal sexual | 12 |
| assault, aggravated battery with a firearm committed in a
| 13 |
| school, on the real property comprising a school, within 1,000 | 14 |
| feet of the real
property comprising a school, at a school | 15 |
| related activity, or on, boarding, or
departing from any | 16 |
| conveyance owned, leased, or contracted by a school or
school | 17 |
| district to transport
students to or from school or a school | 18 |
| related activity regardless of the time
of day or time of year | 19 |
| that the offense was committed, armed robbery when the
armed | 20 |
| robbery was committed with a firearm, or aggravated vehicular | 21 |
| hijacking
when the hijacking was committed with a firearm.
| 22 |
| These charges and all other charges arising out of the same | 23 |
| incident shall
be prosecuted under the criminal laws of this | 24 |
| State.
| 25 |
| For purposes of this paragraph (a) of subsection (l):
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| "School" means a public or private elementary or secondary | 27 |
| school, community
college, college, or university.
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| "School related activity" means any sporting, social, | 29 |
| academic or other
activity for which students' attendance or | 30 |
| participation is sponsored,
organized, or funded in whole or in | 31 |
| part by a school or school district.
| 32 |
| (b) (i) If before trial or plea an information or |
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SB0448 |
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LRB094 09308 RXD 39548 b |
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| indictment is filed that
does not charge an offense specified | 2 |
| in paragraph (a) of this subsection
(1) the State's Attorney | 3 |
| may proceed on any lesser charge or charges, but
only in | 4 |
| Juvenile Court under the provisions of this Article. The | 5 |
| State's
Attorney may proceed under the Criminal Code of 1961 on | 6 |
| a lesser charge if
before trial the minor defendant knowingly | 7 |
| and with advice of counsel waives,
in writing, his or her right | 8 |
| to have the matter proceed in Juvenile Court.
| 9 |
| (ii) If before trial or plea an information or indictment | 10 |
| is filed that
includes one or more charges specified in | 11 |
| paragraph (a) of this subsection
(1) and
additional charges | 12 |
| that are not specified in that paragraph, all of the charges
| 13 |
| arising out of the same incident shall be prosecuted under the | 14 |
| Criminal Code of
1961.
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| (c) (i) If after trial or plea the minor is convicted of | 16 |
| any offense
covered by paragraph (a) of this subsection (1), | 17 |
| then, in sentencing the minor,
the court shall have available | 18 |
| any or all dispositions prescribed for that
offense under | 19 |
| Chapter V of the Unified Code of Corrections.
| 20 |
| (ii) If after trial or plea the court finds that the minor | 21 |
| committed an
offense not covered by paragraph (a) of this | 22 |
| subsection (1), that finding shall
not invalidate the verdict | 23 |
| or the prosecution of the minor under the criminal
laws of the | 24 |
| State; however, unless the State requests a hearing for the
| 25 |
| purpose of sentencing the minor under Chapter V of the Unified | 26 |
| Code of
Corrections, the Court must proceed under Sections | 27 |
| 5-705 and 5-710 of this
Article. To request a hearing, the | 28 |
| State must file a written motion within 10
days following the | 29 |
| entry of a finding or the return of a verdict. Reasonable
| 30 |
| notice of the motion shall be given to the minor or his or her | 31 |
| counsel.
If the motion is made by the State, the court shall | 32 |
| conduct a hearing to
determine if the minor should be sentenced | 33 |
| under Chapter V of the Unified Code
of Corrections. In making | 34 |
| its determination, the court shall consider among
other | 35 |
| matters: (a) whether there is
evidence that the offense was | 36 |
| committed in an aggressive and premeditated
manner; (b) the age |
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SB0448 |
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LRB094 09308 RXD 39548 b |
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| of the minor; (c) the previous history of the
minor; (d) | 2 |
| whether there are facilities particularly available to the | 3 |
| Juvenile
Court or the Department of Corrections, Juvenile | 4 |
| Division, for the treatment
and rehabilitation of the minor; | 5 |
| (e) whether
the security of the public requires sentencing | 6 |
| under Chapter V of the
Unified Code of Corrections; and (f) | 7 |
| whether the minor possessed a deadly
weapon when committing the | 8 |
| offense. The rules of evidence shall be the same as
if at | 9 |
| trial. If after the hearing the court finds that the minor | 10 |
| should be
sentenced under Chapter V of the Unified Code of | 11 |
| Corrections, then the court
shall sentence the minor | 12 |
| accordingly having available to it any or all
dispositions so | 13 |
| prescribed.
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| (2) (a) The definition of a delinquent minor under Section
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| 5-120 of
this Article shall not apply to any minor who at the | 16 |
| time of the offense was at
least 15 years of age and who is | 17 |
| charged with an offense under Section 401 of
the Illinois | 18 |
| Controlled Substances Act, while in a school, regardless of the
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| time of day or the time of year, or any conveyance owned, | 20 |
| leased or contracted
by a school to transport students to or | 21 |
| from school or a school related
activity, or residential | 22 |
| property owned, operated or managed by a public
housing agency | 23 |
| or leased by a public housing agency as part of a scattered
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| site or mixed-income development, on the real property | 25 |
| comprising any school,
regardless of the time of day or the | 26 |
| time of year, or residential property
owned, operated or | 27 |
| managed by a public housing agency or leased by a public
| 28 |
| housing agency as part of a scattered site or mixed-income | 29 |
| development, or
on a public way within 1,000 feet of the real | 30 |
| property comprising any school,
regardless of the time of day | 31 |
| or the time of year, or
residential property owned, operated or | 32 |
| managed by a public housing agency
or leased by a public | 33 |
| housing agency as part of a scattered site or
mixed-income | 34 |
| development. School is defined, for the purposes of this | 35 |
| Section,
as any public or private elementary or secondary | 36 |
| school, community college,
college, or university. These |
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SB0448 |
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LRB094 09308 RXD 39548 b |
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| charges and all other charges arising out of the
same incident | 2 |
| shall be prosecuted under the criminal laws of this State.
| 3 |
| (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 (2)
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 (2)
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 | 17 |
| 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 (2), | 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.
| 23 |
| (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 (2), that finding shall
not invalidate the verdict | 26 |
| or the prosecution of the minor under the criminal
laws of the | 27 |
| State; however, unless the State requests a hearing for the
| 28 |
| purpose of sentencing the minor under Chapter V of the Unified | 29 |
| Code of
Corrections, the Court must proceed under Sections | 30 |
| 5-705 and 5-710 of this
Article. To request a hearing, the | 31 |
| State must file a written motion within 10
days following the | 32 |
| entry of a finding or the return of a verdict. Reasonable
| 33 |
| notice of the motion shall be given to the minor or his or her | 34 |
| counsel. If the
motion is made by the State, the court shall | 35 |
| conduct a hearing to determine
if the minor should be sentenced | 36 |
| under Chapter V of the Unified Code of
Corrections. In making |
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SB0448 |
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LRB094 09308 RXD 39548 b |
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| its determination, the court shall consider among
other | 2 |
| matters: (a) whether there is evidence that the offense was | 3 |
| committed
in an aggressive and premeditated manner; (b) the age | 4 |
| of the minor; (c) the
previous history of the minor; (d) | 5 |
| whether there are facilities particularly
available to the | 6 |
| Juvenile Court or the Department of Corrections, Juvenile
| 7 |
| Division, for the treatment and rehabilitation of the minor; | 8 |
| (e) whether the
security of the public requires sentencing | 9 |
| under Chapter V of the Unified Code
of Corrections; and (f) | 10 |
| whether the minor possessed a deadly weapon when
committing the | 11 |
| offense. The rules of evidence shall be the same as if at
| 12 |
| trial. If after the hearing the court finds that the minor | 13 |
| should be sentenced
under Chapter V of the Unified Code of | 14 |
| Corrections, then the court shall
sentence the minor | 15 |
| accordingly having available to it any or all dispositions
so | 16 |
| prescribed.
| 17 |
| (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 | 19 |
| time of the offense was at
least 15 years of age and who is | 20 |
| charged with a violation of the provisions of
paragraph (1), | 21 |
| (3), (4), or (10) of subsection (a) of Section 24-1 of the
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| Criminal Code of 1961 while in school, regardless of the time | 23 |
| of day or the
time of year, or on the real property comprising | 24 |
| any school, regardless of the
time of day or the time of year. | 25 |
| School is defined, for purposes of this
Section as any public | 26 |
| or private elementary or secondary school, community
college, | 27 |
| college, or university. These charges and all other charges | 28 |
| arising
out of the same incident shall be prosecuted under the | 29 |
| criminal laws of this
State.
| 30 |
| (b) (i) If before trial or plea an information or | 31 |
| indictment is filed that
does not charge an offense specified | 32 |
| in paragraph (a) of this subsection (3)
the State's Attorney | 33 |
| may proceed on any lesser charge or charges, but only in
| 34 |
| Juvenile Court under the provisions of this Article. The | 35 |
| State's Attorney may
proceed under the criminal laws of this | 36 |
| State on a lesser charge if before
trial the minor defendant |
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SB0448 |
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LRB094 09308 RXD 39548 b |
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| knowingly and with advice of counsel waives, in
writing, his or | 2 |
| her right to have the matter proceed in Juvenile Court.
| 3 |
| (ii) If before trial or plea an information or indictment | 4 |
| is filed that
includes one or more charges specified in | 5 |
| paragraph (a) of this subsection (3)
and additional charges | 6 |
| that are not specified in that paragraph, all of the
charges | 7 |
| arising out of the same incident shall be prosecuted under the | 8 |
| criminal
laws of this State.
| 9 |
| (c) (i) If after trial or plea the minor is convicted of | 10 |
| any offense
covered by paragraph (a) of this subsection (3), | 11 |
| then, in sentencing the minor,
the court shall have available | 12 |
| any or all dispositions prescribed for that
offense under | 13 |
| Chapter V of the Unified Code of Corrections.
| 14 |
| (ii) If after trial or plea the court finds that the minor | 15 |
| committed an
offense not covered by paragraph (a) of this | 16 |
| subsection (3), that finding shall
not invalidate the verdict | 17 |
| or the prosecution of the minor under the criminal
laws of the | 18 |
| State; however, unless the State requests a hearing for the
| 19 |
| purpose of sentencing the minor under Chapter V of the Unified | 20 |
| Code of
Corrections, the Court must proceed under Sections | 21 |
| 5-705 and 5-710 of this
Article. To request a hearing, the | 22 |
| State must file a written motion within 10
days following the | 23 |
| entry of a finding or the return of a verdict. Reasonable
| 24 |
| notice of the motion shall be given to the minor or his or her | 25 |
| counsel. If the
motion is made by the State, the court shall | 26 |
| conduct a hearing to determine if
the minor should be sentenced | 27 |
| under Chapter V of the Unified Code of
Corrections. In making | 28 |
| its determination, the court shall consider
among other | 29 |
| matters: (a) whether there is
evidence that the offense was | 30 |
| committed in an aggressive and premeditated
manner; (b) the age | 31 |
| of the minor; (c) the previous history of the
minor; (d) | 32 |
| whether there are facilities particularly available to the | 33 |
| Juvenile
Court or the Department of Corrections, Juvenile | 34 |
| Division, for the treatment
and rehabilitation of the minor; | 35 |
| (e) whether
the security of the public requires sentencing | 36 |
| under Chapter V of the
Unified Code of Corrections; and (f) |
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SB0448 |
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LRB094 09308 RXD 39548 b |
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| whether the minor possessed a deadly
weapon when committing the | 2 |
| offense. The rules of evidence shall be the same as
if at | 3 |
| trial. If after the hearing the court finds that the minor | 4 |
| should be
sentenced under Chapter V of the Unified Code of | 5 |
| Corrections, then the court
shall sentence the minor | 6 |
| accordingly having available to it any or all
dispositions so | 7 |
| prescribed.
| 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.
| 17 |
| (b) (i) If before trial or plea an information or | 18 |
| indictment is filed that
does not charge first degree murder | 19 |
| committed during the course of aggravated
criminal sexual | 20 |
| assault, criminal
sexual assault, or aggravated kidnaping, the | 21 |
| State's Attorney may proceed on
any lesser charge or charges, | 22 |
| but only in Juvenile Court under the provisions
of this | 23 |
| Article. The State's Attorney may proceed under the criminal | 24 |
| laws of
this State
on a lesser charge if before trial the minor | 25 |
| defendant knowingly and with
advice of counsel waives, in | 26 |
| writing, his or her right to have the matter
proceed in | 27 |
| Juvenile Court.
| 28 |
| (ii) If before trial or plea an information or
indictment | 29 |
| is filed that includes first degree murder committed during the
| 30 |
| course of aggravated criminal sexual assault, criminal sexual | 31 |
| assault, or
aggravated kidnaping, and additional charges that | 32 |
| are not specified in
paragraph (a) of this subsection, all of | 33 |
| the charges arising out of the same
incident shall be | 34 |
| prosecuted under the criminal laws of this State.
| 35 |
| (c) (i) If after trial or plea the minor is convicted of | 36 |
| first degree
murder
committed during the course of aggravated |
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SB0448 |
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LRB094 09308 RXD 39548 b |
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| criminal sexual assault, criminal
sexual assault, or | 2 |
| aggravated kidnaping, in sentencing the minor, the court
shall | 3 |
| have available any or all dispositions prescribed for that | 4 |
| offense under
Chapter V of the Unified Code of Corrections.
| 5 |
| (ii) If the minor was not yet 15
years of age at the time of | 6 |
| the offense, and if after trial or plea the court
finds that | 7 |
| the minor
committed an offense other than first degree murder | 8 |
| committed during
the course of either aggravated criminal | 9 |
| sexual assault, criminal sexual
assault, or aggravated | 10 |
| kidnapping, the finding shall not invalidate the
verdict or the | 11 |
| prosecution of the minor under the criminal laws of the State;
| 12 |
| however, unless the State requests a hearing for the purpose of | 13 |
| sentencing the
minor under
Chapter V of the Unified Code of | 14 |
| Corrections, the Court must proceed under
Sections 5-705 and | 15 |
| 5-710 of this Article. To request a hearing, the State must
| 16 |
| file a written motion within 10 days following the entry of a | 17 |
| finding or the
return of a verdict. Reasonable notice of the | 18 |
| motion shall be given to the
minor or his or her counsel. If | 19 |
| the motion is made by the State, the court
shall conduct a | 20 |
| hearing to determine whether the minor should be sentenced
| 21 |
| under Chapter V of the
Unified Code of Corrections. In making | 22 |
| its determination, the court shall
consider among other | 23 |
| matters: (a) whether there is evidence that the offense
was | 24 |
| committed in an
aggressive and premeditated manner; (b) the age | 25 |
| of the minor; (c) the
previous delinquent history of the minor; | 26 |
| (d) whether there are facilities
particularly available to the | 27 |
| Juvenile Court or the Department of Corrections,
Juvenile | 28 |
| Division,
for the treatment and rehabilitation of the minor; | 29 |
| (e) whether the best
interest of the minor and the security of | 30 |
| the public require sentencing under
Chapter V of the Unified | 31 |
| Code of Corrections; and (f) whether the minor
possessed a | 32 |
| deadly weapon when committing the offense. The rules of | 33 |
| evidence
shall be the same as if at trial. If after the hearing | 34 |
| the court finds that
the minor should be sentenced under | 35 |
| Chapter V of the Unified Code of
Corrections, then the court | 36 |
| shall sentence the minor accordingly having
available to it any |
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SB0448 |
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LRB094 09308 RXD 39548 b |
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| 1 |
| or all dispositions so prescribed.
| 2 |
| (5) (a) The definition of delinquent minor under Section | 3 |
| 5-120 of this
Article
shall not apply to any minor who is | 4 |
| charged with a violation of subsection (a)
of Section 31-6 or | 5 |
| Section 32-10 of the Criminal Code of 1961 when the minor is
| 6 |
| subject to prosecution under the criminal laws of this State as | 7 |
| a result of the
application of the provisions of Section 5-125, | 8 |
| or subsection (1) or (2) of
this Section. These charges and all | 9 |
| other charges arising out of the same
incident shall be | 10 |
| prosecuted under the criminal laws of this State.
| 11 |
| (b) (i) If before trial or plea an information or | 12 |
| indictment is filed that
does not charge an offense specified | 13 |
| in paragraph (a) of this subsection (5),
the State's Attorney | 14 |
| may proceed on any lesser charge or charges, but only in
| 15 |
| Juvenile Court under the provisions of this Article. The | 16 |
| State's Attorney may
proceed under the criminal laws of this | 17 |
| State on a lesser charge if before
trial the minor defendant | 18 |
| knowingly and with advice of counsel waives, in
writing, his or | 19 |
| her right to have the matter proceed in Juvenile Court.
| 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 (5) 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.
| 26 |
| (c) (i) If after trial or plea the minor is convicted of | 27 |
| any offense
covered
by paragraph (a) of this subsection (5), | 28 |
| then, in sentencing the minor, the
court shall have available | 29 |
| any or all dispositions prescribed for that offense
under | 30 |
| Chapter V of the Unified Code of Corrections.
| 31 |
| (ii) If after trial or
plea the court finds that the minor | 32 |
| committed an offense not covered by
paragraph (a) of
this | 33 |
| subsection (5), the conviction shall not invalidate the verdict | 34 |
| or the
prosecution of the minor under the criminal laws of this | 35 |
| State; however,
unless the State requests a hearing for the
| 36 |
| purpose of sentencing the minor under Chapter V of the Unified |
|
|
|
SB0448 |
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LRB094 09308 RXD 39548 b |
|
| 1 |
| Code of
Corrections, the Court must proceed under Sections | 2 |
| 5-705 and 5-710 of this
Article.
To request a hearing, the | 3 |
| State must file a written motion within 10 days
following the | 4 |
| entry of a finding or the return of a verdict. Reasonable | 5 |
| notice
of the motion shall be given to the minor or his or her | 6 |
| counsel. If the motion
is made by the State, the court shall | 7 |
| conduct a hearing to determine if whether
the minor should be | 8 |
| sentenced under Chapter V of the Unified Code of
Corrections. | 9 |
| In making its determination, the court shall consider among | 10 |
| other
matters: (a) whether there is evidence that the offense | 11 |
| was committed in an
aggressive and premeditated manner; (b) the | 12 |
| age of the minor; (c) the previous
delinquent history of the | 13 |
| minor; (d) whether there are facilities particularly
available | 14 |
| to the Juvenile Court or the Department of Corrections, | 15 |
| Juvenile
Division, for the treatment and rehabilitation of the | 16 |
| minor; (e) whether
the security of the public requires | 17 |
| sentencing under Chapter V of the Unified
Code of Corrections; | 18 |
| and (f) whether the minor possessed a deadly weapon when
| 19 |
| committing the offense. The rules of evidence shall be the same | 20 |
| as if at
trial. If after the hearing the court finds that the | 21 |
| minor should be sentenced
under Chapter V of the Unified Code | 22 |
| of Corrections, then the court shall
sentence the minor | 23 |
| accordingly having available to it any or all dispositions
so | 24 |
| prescribed.
| 25 |
| (6) The definition of delinquent minor under Section 5-120 | 26 |
| of this Article
shall not apply to any minor who, pursuant to | 27 |
| subsection (1), (2), or (3) or
Section 5-805, or 5-810, has | 28 |
| previously been placed under the jurisdiction of
the criminal | 29 |
| court and has been convicted of a crime under an adult criminal | 30 |
| or
penal statute. Such a minor shall be subject to prosecution | 31 |
| under the criminal
laws of this State.
| 32 |
| (7) The procedures set out in this Article for the | 33 |
| investigation, arrest and
prosecution of juvenile offenders | 34 |
| shall not apply to minors who are excluded
from jurisdiction of | 35 |
| the Juvenile Court, except that minors under 17 years of
age | 36 |
| shall be kept separate from confined adults.
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SB0448 |
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LRB094 09308 RXD 39548 b |
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| 1 |
| (8) Nothing in this Act prohibits or limits the prosecution | 2 |
| of any
minor for an offense committed on or after his or her | 3 |
| 17th birthday even though
he or she is at the time of the | 4 |
| offense a ward of the court.
| 5 |
| (9) If an original petition for adjudication of wardship | 6 |
| alleges the
commission by a minor 13 years of age or
over of an | 7 |
| act that constitutes a crime under the laws of this State,
the | 8 |
| minor, with the consent of his or her counsel, may, at any time | 9 |
| before
commencement of the adjudicatory hearing, file with the | 10 |
| court a motion
that criminal prosecution be ordered and that | 11 |
| the petition be dismissed
insofar as the act or acts involved | 12 |
| in the criminal proceedings are
concerned. If such a motion is | 13 |
| filed as herein provided, the court shall
enter its order | 14 |
| accordingly.
| 15 |
| (10) If a minor is subject to the provisions of subsection | 16 |
| (2) of this
Section, other than a minor charged with a Class X | 17 |
| felony violation of the
Illinois Controlled
Substances Act, any | 18 |
| party including the minor or the court sua sponte
may, before | 19 |
| trial,
move for a hearing for the purpose of trying and | 20 |
| sentencing the minor as
a delinquent minor. To request a | 21 |
| hearing, the party must file a motion
prior to trial. | 22 |
| Reasonable notice of the motion shall be given to all
parties. | 23 |
| On its own motion or upon the filing of a motion by one of the
| 24 |
| parties including the minor, the court shall conduct a hearing | 25 |
| to
determine whether the minor should be tried and sentenced as | 26 |
| a
delinquent minor under this Article. In making its | 27 |
| determination, the
court shall consider among other matters:
| 28 |
| (a) The age of the minor;
| 29 |
| (b) Any previous delinquent or criminal history of the | 30 |
| minor;
| 31 |
| (c) Any previous abuse or neglect history of the minor;
| 32 |
| (d) Any mental health or educational history of the minor, | 33 |
| or both; and
| 34 |
| (e) Whether there is probable cause to support the charge, | 35 |
| whether
the minor is charged through accountability, and | 36 |
| whether there is
evidence the minor possessed a deadly weapon |
|
|
|
SB0448 |
- 12 - |
LRB094 09308 RXD 39548 b |
|
| 1 |
| or caused serious
bodily harm during the offense.
| 2 |
| Any material that is relevant and reliable shall be | 3 |
| admissible at the
hearing. In
all cases, the judge shall enter | 4 |
| an order permitting prosecution
under the criminal laws of | 5 |
| Illinois unless the judge makes a finding
based on a | 6 |
| preponderance of the evidence that the minor would be
amenable | 7 |
| to the care, treatment, and training programs available
through | 8 |
| the facilities of the juvenile court based on an evaluation of
| 9 |
| the factors listed in this subsection (10).
| 10 |
| (Source: P.A. 91-15, eff. 1-1-00; 91-673, eff. 12-22-99; 92-16, | 11 |
| eff.
6-28-01; 92-665, eff. 1-1-03.)
|
|