Full Text of HB4606 93rd General Assembly
HB4606 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4606
Introduced 02/04/04, by Annazette Collins SYNOPSIS AS INTRODUCED: |
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Amends the Juvenile Court Act of 1987. Changes a cross reference in the Section relating to extended jurisdiction juvenile prosecutions in regard to the factors that the court considers in determining whether to enter an order designating a proceeding as an extended jurisdiction juvenile proceeding.
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A BILL FOR
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HB4606 |
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LRB093 19442 RLC 45180 b |
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| AN ACT concerning minors.
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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 5-810 as follows:
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| (705 ILCS 405/5-810)
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| Sec. 5-810. Extended jurisdiction juvenile prosecutions.
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| (1) (a) If the State's Attorney files a petition, at any | 9 |
| time prior to
commencement of the
minor's trial, to designate | 10 |
| the proceeding as an extended jurisdiction juvenile
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| prosecution and the petition alleges the commission by a minor | 12 |
| 13 years of age
or
older of any offense which would be a felony | 13 |
| if committed by an adult, and, if
the
juvenile judge
assigned | 14 |
| to hear and determine petitions to designate the proceeding as | 15 |
| an
extended jurisdiction juvenile prosecution determines that | 16 |
| there is probable
cause to believe that the allegations in the | 17 |
| petition and motion are true,
there is a rebuttable presumption | 18 |
| that the proceeding shall be designated as an
extended | 19 |
| jurisdiction juvenile proceeding.
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| (b) The judge shall enter an order designating the | 21 |
| proceeding as an
extended jurisdiction juvenile proceeding | 22 |
| unless the judge makes a finding
based on clear and convincing | 23 |
| evidence that sentencing under the Chapter V of
the Unified | 24 |
| Code of Corrections would not be appropriate for the minor | 25 |
| based on
an evaluation of the
following factors:
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| (i) The seriousness of the alleged offense;
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| (ii) The minor's history of delinquency;
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| (iii) The age of the minor;
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| (iv) The culpability of the minor in committing the | 30 |
| alleged offense;
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| (v) Whether the offense was committed in an aggressive | 32 |
| or premeditated
manner;
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HB4606 |
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LRB093 19442 RLC 45180 b |
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| (vi) Whether the minor used or possessed a deadly | 2 |
| weapon when
committing the alleged offense.
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| In considering these factors, the court shall give greater | 4 |
| weight to the
seriousness of the alleged offense and the | 5 |
| minor's prior record of delinquency
than to other factors | 6 |
| listed in this subsection.
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| (2) Procedures for extended
jurisdiction juvenile | 8 |
| prosecutions.
(a) The State's Attorney may file a written | 9 |
| motion for a proceeding to
be
designated as an extended | 10 |
| juvenile jurisdiction prior to
commencement of trial. Notice of | 11 |
| the motion shall be in
compliance with
Section 5-530. When the | 12 |
| State's Attorney files a written motion that a
proceeding be | 13 |
| designated an extended jurisdiction juvenile prosecution, the
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| court shall commence a hearing within 30 days of the filing of | 15 |
| the motion for
designation, unless good cause is shown by the | 16 |
| prosecution or the minor as to
why the hearing could not be | 17 |
| held within this time period. If the court finds
good cause has | 18 |
| been demonstrated, then the hearing shall be held within 60 | 19 |
| days
of the filing of the motion. The hearings shall be open to | 20 |
| the public unless
the judge finds that the hearing should be | 21 |
| closed for the protection of any
party, victim or witness. If | 22 |
| the Juvenile Judge
assigned to hear and determine a motion to | 23 |
| designate an extended jurisdiction
juvenile prosecution | 24 |
| determines that there is probable cause to believe that
the | 25 |
| allegations in the petition and motion are true the court shall | 26 |
| grant the
motion for designation. Information used by the court | 27 |
| in its findings or
stated in or offered in connection with this | 28 |
| Section may be by way of proffer
based on reliable information | 29 |
| offered by the State or the minor. All evidence
shall be | 30 |
| admissible if it is relevant and reliable regardless of whether | 31 |
| it
would be admissible under the rules of evidence.
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| (3) Trial. A minor who is subject of an extended | 33 |
| jurisdiction juvenile
prosecution has the right to trial by | 34 |
| jury. Any trial under this Section shall
be open to the public.
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| (4) Sentencing. If an extended jurisdiction juvenile | 36 |
| prosecution under
subsections (1)
results in a guilty plea, a |
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HB4606 |
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LRB093 19442 RLC 45180 b |
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| verdict of guilty, or a finding of guilt,
the court shall | 2 |
| impose the following:
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| (i) one or more juvenile sentences under Section 5-710; | 4 |
| and
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| (ii) an adult criminal sentence in accordance with the | 6 |
| provisions of
Chapter V of the
Unified Code of
Corrections, | 7 |
| the execution of which shall be stayed on the condition | 8 |
| that the
offender not violate the provisions of the | 9 |
| juvenile sentence.
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| Any sentencing hearing under
this Section shall be open to the | 11 |
| public.
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| (5) If, after an extended jurisdiction juvenile | 13 |
| prosecution trial, a minor
is convicted of a lesser-included | 14 |
| offense or of an offense that the State's
Attorney did not | 15 |
| designate as an extended jurisdiction juvenile prosecution,
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| the State's Attorney may file a written motion, within 10 days | 17 |
| of the finding
of guilt, that
the minor be sentenced as an | 18 |
| extended jurisdiction juvenile prosecution
offender. The court | 19 |
| shall rule on this motion using the factors found in
paragraph | 20 |
| (1) (b) of this Section 5-805 . If the court denies the
State's | 21 |
| Attorney's
motion for
sentencing under the extended | 22 |
| jurisdiction juvenile prosecution provision, the
court shall | 23 |
| proceed to sentence the minor under Section 5-710.
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| (6) When it appears that a minor convicted in an extended | 25 |
| jurisdiction
juvenile prosecution under subsection (1) has | 26 |
| violated the
conditions of his or her sentence, or is alleged | 27 |
| to have committed a new
offense upon the filing of a petition | 28 |
| to revoke the stay, the
court may, without notice, issue a | 29 |
| warrant for the arrest of the minor.
After a hearing, if the | 30 |
| court finds by a
preponderance of the evidence that the minor | 31 |
| committed a new offense, the
court shall order execution of the | 32 |
| previously
imposed adult criminal sentence.
After a hearing, if | 33 |
| the court finds by a preponderance of the evidence
that the | 34 |
| minor committed a violation of his or her sentence other than | 35 |
| by a new
offense, the court may order execution of the | 36 |
| previously imposed adult criminal
sentence or may continue him |
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LRB093 19442 RLC 45180 b |
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| or her on the existing juvenile sentence with or
without | 2 |
| modifying or enlarging the conditions.
Upon revocation of the | 3 |
| stay of the adult criminal sentence
and imposition of
that | 4 |
| sentence, the minor's extended jurisdiction juvenile status | 5 |
| shall be
terminated.
The on-going jurisdiction over the minor's | 6 |
| case shall be assumed by the adult
criminal court and juvenile | 7 |
| court jurisdiction shall be terminated and a report
of
the | 8 |
| imposition of the adult sentence shall be sent to the | 9 |
| Department of State
Police.
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| (7) Upon successful completion of the juvenile sentence the | 11 |
| court shall
vacate the adult criminal sentence.
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| (8) Nothing in this Section precludes the State from filing | 13 |
| a motion for
transfer under Section 5-805.
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| (Source: P.A. 90-590, eff. 1-1-99.)
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