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90_HB1360
705 ILCS 405/5-35 from Ch. 37, par. 805-35
Amends the Juvenile Court Act of 1987. Provides that a
minor shall be adjudged an Habitual Juvenile Offender if the
minor had been twice adjudicated a delinquent minor and the
third offense was the commission of or attempted commission
of involuntary manslaughter or any forcible felony other than
burglary and the third offense occurred on or after the
effective date of this amendatory Act or had twice been
adjudicated a delinquent minor for Class 2 or greater
felonies or forcible felonies and is adjudicated a third time
for a Class 2 or greater felony other than involuntary
manslaughter or a forcible felony and the third offense
occurred on or after the effective date of this amendatory
Act. Effective immediately.
LRB9004765RCpc
LRB9004765RCpc
1 AN ACT to amend the Juvenile Court Act of 1987 by
2 changing Section 5-35.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Juvenile Court Act of 1987 is amended by
6 changing Section 5-35 as follows:
7 (705 ILCS 405/5-35) (from Ch. 37, par. 805-35)
8 Sec. 5-35. Habitual Juvenile Offender.
9 (1) (a) Definition. A minor shall be adjudged an
10 Habitual Juvenile Offender when the minor: (a) has Any minor
11 having been twice adjudicated a delinquent minor for offenses
12 which, had he been prosecuted as an adult, would have been
13 felonies under the laws of this State, and who is thereafter
14 is adjudicated a delinquent minor for a third time when shall
15 be adjudged an Habitual Juvenile Offender where:
16 1. the third adjudication is for an offense
17 occurring after adjudication on the second; and
18 2. the second adjudication was for an offense
19 occurring after adjudication on the first; and
20 3. the third offense occurred after January 1, 1980
21 but before the effective date of this amendatory Act of
22 1997; and
23 4. the third offense was based upon the commission
24 of or attempted commission of the following offenses:
25 first degree murder, second degree murder or involuntary
26 manslaughter; criminal sexual assault or aggravated
27 criminal sexual assault; aggravated or heinous battery
28 involving permanent disability or disfigurement or great
29 bodily harm to the victim; burglary of a home or other
30 residence intended for use as a temporary or permanent
31 dwelling place for human beings; home invasion; robbery
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1 or armed robbery; or aggravated arson; or.
2 (b) has been twice adjudicated a delinquent minor for
3 offenses which, had he or she been prosecuted as an adult,
4 would have been felonies under the laws of this State, and
5 who thereafter is adjudicated a delinquent minor for a third
6 time when:
7 (1) the third adjudication is for an offense
8 occurring after adjudication on the second; and
9 (2) the second adjudication was for an offense
10 occurring after adjudication on the first; and
11 (3) the third offense occurred on or after the
12 effective date of this amendatory Act of 1997; and
13 (4) the third offense was based upon the commission
14 of or attempted commission of involuntary manslaughter or
15 any forcible felony other than burglary; or
16 (c) has twice been adjudicated a delinquent minor for
17 offenses which, had he or she been prosecuted as an adult,
18 would have been Class 2 or greater felonies or forcible
19 felonies under the laws of this State, and who thereafter is
20 adjudicated a delinquent minor for a third time when:
21 (1) The third adjudication is for an offense
22 occurring after adjudication on the second; and
23 (2) The second adjudication was for an offense
24 occurring after adjudication on the first; and
25 (3) The third offense was committed on or after the
26 effective date of this amendatory Act of 1997; and
27 (4) The third offense was based upon the commission
28 of a Class 2 or greater felony other than those listed in
29 subparagraph (4) of paragraph (b) of this subsection (1).
30 Nothing in this section shall preclude the State's
31 Attorney from seeking to prosecute a minor as an adult as an
32 alternative to prosecution as an habitual juvenile offender.
33 A continuance under supervision authorized by Section
34 5-19 of this Act shall not be permitted under this section.
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1 (2) (b) Notice to minor. The State shall serve upon the
2 minor written notice of intention to prosecute under the
3 provisions of this Section within 5 judicial days of the
4 filing of any delinquency petition, adjudication upon which
5 would mandate the minor's disposition as an Habitual Juvenile
6 Offender.
7 (3) (c) Petition; service. A notice to seek
8 adjudication as an Habitual Juvenile Offender shall be filed
9 only by the State's Attorney.
10 The petition upon which such Habitual Juvenile Offender
11 notice is based shall contain the information and averments
12 required for all other delinquency petitions filed under this
13 Act and its service shall be according to the provisions of
14 this Act.
15 No prior adjudication shall be alleged in the petition.
16 (4) (d) Trial. Trial on such petition shall be by jury
17 unless the minor demands, in open court and with advice of
18 counsel, a trial by the court without jury.
19 Except as otherwise provided herein, the provisions of
20 this Act concerning delinquency proceedings generally shall
21 be applicable to Habitual Juvenile Offender proceedings.
22 (5) (e) Proof of prior adjudications. No evidence or
23 other disclosure of prior adjudications shall be presented to
24 the court or jury during any adjudicatory hearing provided
25 for under this Section unless otherwise permitted by the
26 issues properly raised in such hearing. In the event the
27 minor who is the subject of these proceedings elects to
28 testify on his own behalf, it shall be competent to introduce
29 evidence, for purposes of impeachment, that he has previously
30 been adjudicated a delinquent minor upon facts which, had he
31 been tried as an adult, would have resulted in his conviction
32 of a felony or of any offense that involved dishonesty or
33 false statement. Introduction of such evidence shall be
34 according to the rules and procedures applicable to the
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1 impeachment of an adult defendant by prior conviction.
2 After an admission of the facts in the petition or
3 adjudication of delinquency, the State's Attorney may file
4 with the court a verified written statement signed by the
5 State's Attorney concerning any prior adjudication of an
6 offense set forth in subsection (1) (a) of this Section which
7 offense would have been a felony or of any offense that
8 involved dishonesty or false statement had the minor been
9 tried as an adult.
10 The court shall then cause the minor to be brought before
11 it; shall inform him of the allegations of the statement so
12 filed, and of his right to a hearing before the court on the
13 issue of such prior adjudication and of his right to counsel
14 at such hearing; and unless the minor admits such
15 adjudication, the court shall hear and determine such issue,
16 and shall make a written finding thereon.
17 A duly authenticated copy of the record of any such
18 alleged prior adjudication shall be prima facie evidence of
19 such prior adjudication or of any offense that involved
20 dishonesty or false statement.
21 Any claim that a previous adjudication offered by the
22 State's Attorney is not a former adjudication of an offense
23 which, had the minor been prosecuted as an adult, would have
24 resulted in his conviction of a felony or of any offense
25 that involved dishonesty or false statement, is waived unless
26 duly raised at the hearing on such adjudication, or unless
27 the State's Attorney's proof shows that such prior
28 adjudication was not based upon proof of what would have been
29 a felony.
30 (6) (f) Disposition. If the court finds that the
31 prerequisites established in subsection (1) (a) of this
32 Section have been proven, it shall adjudicate the minor an
33 Habitual Juvenile Offender and commit him to the Department
34 of Corrections, Juvenile Division, until his 21st birthday,
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1 without possibility of parole, furlough, or non-emergency
2 authorized absence for a period of 3 years from the date the
3 minor was committed to the Department of Corrections when the
4 prerequisites under paragraph (b) of subsection (1) have been
5 established, or for a period of 2 years from the date the
6 minor was committed to the Department of Corrections when the
7 prerequisites under paragraph (c) of subsection (1) have been
8 established, except that the time a minor spent in custody
9 for the instant offense before being committed to the
10 Department shall be considered as time credited towards the 3
11 year or 2 year period. However, the minor shall be entitled
12 to earn one day of good conduct credit for each day served as
13 reductions against the period of his confinement. Such good
14 conduct credits shall be earned or revoked according to the
15 procedures applicable to the allowance and revocation of good
16 conduct credit for adult prisoners serving determinate
17 sentences for felonies.
18 For purposes of determining good conduct credit,
19 commitment as an Habitual Juvenile Offender shall be
20 considered a determinate commitment, and the difference
21 between the date of the commitment and the minor's 21st
22 birthday shall be considered the determinate period of his
23 confinement.
24 (Source: P.A. 88-678, eff. 7-1-95.)
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.