Full Text of HB0081 097th General Assembly
HB0081 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB0081 Introduced 1/12/2011, by Rep. Annazette Collins 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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| 1 | | AN ACT concerning courts.
| 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 5-130 as follows:
| 6 | | (705 ILCS 405/5-130)
| 7 | | Sec. 5-130. Excluded jurisdiction.
| 8 | | (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
| 12 | | 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.
| 21 | | (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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| 1 | | 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.
| 7 | | (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
| 11 | | arising out of the same incident shall be prosecuted under the | 12 | | Criminal Code of
1961.
| 13 | | (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.
| 18 | | (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
| 23 | | 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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| 1 | | entry of a finding or the return of a verdict. Reasonable
| 2 | | 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.
| 21 | | (2) (Blank).
| 22 | | (3) (a) The definition of delinquent minor under Section
| 23 | | 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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| 1 | | 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.
| 9 | | (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
| 13 | | 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.
| 18 | | (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.
| 24 | | (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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| 1 | | any or all dispositions prescribed for that
offense under | 2 | | Chapter V of the Unified Code of Corrections.
| 3 | | (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
| 8 | | 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
| 13 | | 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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| 1 | | 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.
| 6 | | (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.
| 15 | | (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.
| 26 | | (ii) If before trial or plea an information or
indictment |
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| 1 | | is filed that includes first degree murder committed during the
| 2 | | 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.
| 7 | | (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.
| 13 | | (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;
| 20 | | 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
| 24 | | 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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| 1 | | the motion is made by the State, the court
shall conduct a | 2 | | hearing to determine whether the minor should be sentenced
| 3 | | 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
| 11 | | 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.
| 20 | | (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
| 24 | | 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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| 1 | | other charges arising out of the same
incident shall be | 2 | | 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 (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
| 17 | | criminal laws of this State.
| 18 | | (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.
| 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 (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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| 1 | | 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
| 23 | | 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.
| 26 | | (6) The definition of delinquent minor under Section 5-120 |
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| 1 | | 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.
| 7 | | (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.
| 12 | | (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.
| 16 | | (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.
| 26 | | (10) If, prior to August 12, 2005 (the effective date of |
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| 1 | | 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
| 12 | | 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:
| 16 | | (a) The age of the minor;
| 17 | | (b) Any previous delinquent or criminal history of the | 18 | | minor;
| 19 | | (c) Any previous abuse or neglect history of the minor;
| 20 | | (d) Any mental health or educational history of the minor, | 21 | | or both; and
| 22 | | (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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| 1 | | 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).
| 8 | | (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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