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92_HB1028
LRB9206563RCcd
1 AN ACT in relation to minors.
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 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 15 years of age and who is
11 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
14 1,000 feet of the real property comprising a school, at a
15 school related activity, or on, boarding, or departing from
16 any conveyance owned, leased, or contracted by a school or
17 school district to transport students to or from school or a
18 school related activity regardless of the time of day or time
19 of year that the offense was committed, armed robbery when
20 the armed robbery was committed with a firearm, or aggravated
21 vehicular hijacking when the hijacking was committed with a
22 firearm.
23 These charges and all other charges arising out of the
24 same incident shall be prosecuted under the criminal laws of
25 this State.
26 For purposes of this paragraph (a) of subsection (l):
27 "School" means a public or private elementary or
28 secondary school, community college, college, or university.
29 "School related activity" means any sporting, social,
30 academic or other activity for which students' attendance or
31 participation is sponsored, organized, or funded in whole or
-2- LRB9206563RCcd
1 in part by a school or school district.
2 (b) (i) If before trial or plea an information or
3 indictment is filed that does not charge an offense specified
4 in paragraph (a) of this subsection (1) the State's Attorney
5 may proceed on any lesser charge or charges, but only in
6 Juvenile Court under the provisions of this Article. The
7 State's Attorney may proceed under the Criminal Code of 1961
8 on a lesser charge if before trial the minor defendant
9 knowingly and with advice of counsel waives, in writing, his
10 or her right to have the matter proceed in Juvenile Court.
11 (ii) If before trial or plea an information or
12 indictment is filed that includes one or more charges
13 specified in paragraph (a) of this subsection (1) and
14 additional charges that are not specified in that paragraph,
15 all of the charges arising out of the same incident shall be
16 prosecuted under the Criminal Code of 1961.
17 (c) (i) If after trial or plea the minor is convicted of
18 any offense covered by paragraph (a) of this subsection (1),
19 then, in sentencing the minor, the court shall have available
20 any or all dispositions prescribed for that offense under
21 Chapter V of the Unified Code of Corrections.
22 (ii) If after trial or plea the court finds that the
23 minor committed an offense not covered by paragraph (a) of
24 this subsection (1), that finding shall not invalidate the
25 verdict or the prosecution of the minor under the criminal
26 laws of the State; however, unless the State requests a
27 hearing for the purpose of sentencing the minor under Chapter
28 V of the Unified Code of Corrections, the Court must proceed
29 under Sections 5-705 and 5-710 of this Article. To request a
30 hearing, the State must file a written motion within 10 days
31 following the entry of a finding or the return of a verdict.
32 Reasonable notice of the motion shall be given to the minor
33 or his or her counsel. If the motion is made by the State,
34 the court shall conduct a hearing to determine if the minor
-3- LRB9206563RCcd
1 should be sentenced under Chapter V of the Unified Code of
2 Corrections. In making its determination, the court shall
3 consider among other matters: (a) whether there is evidence
4 that the offense was committed in an aggressive and
5 premeditated manner; (b) the age of the minor; (c) the
6 previous history of the minor; (d) whether there are
7 facilities particularly available to the Juvenile Court or
8 the Department of Corrections, Juvenile Division, for the
9 treatment and rehabilitation of the minor; (e) whether the
10 security of the public requires sentencing under Chapter V of
11 the Unified Code of Corrections; and (f) whether the minor
12 possessed a deadly weapon when committing the offense. The
13 rules of evidence shall be the same as if at trial. If after
14 the hearing the court finds that the minor should be
15 sentenced under Chapter V of the Unified Code of Corrections,
16 then the court shall sentence the minor accordingly having
17 available to it any or all dispositions so prescribed.
18 (2) (Blank). (a) The definition of a delinquent minor
19 under Section 5-120 of this Article shall not apply to any
20 minor who at the time of the offense was at least 15 years of
21 age and who is charged with an offense under Section 401 of
22 the Illinois Controlled Substances Act, while in a school,
23 regardless of the time of day or the time of year, or any
24 conveyance owned, leased or contracted by a school to
25 transport students to or from school or a school related
26 activity, or residential property owned, operated or managed
27 by a public housing agency or leased by a public housing
28 agency as part of a scattered site or mixed-income
29 development, on the real property comprising any school,
30 regardless of the time of day or the time of year, or
31 residential property owned, operated or managed by a public
32 housing agency or leased by a public housing agency as part
33 of a scattered site or mixed-income development, or on a
34 public way within 1,000 feet of the real property comprising
-4- LRB9206563RCcd
1 any school, regardless of the time of day or the time of
2 year, or residential property owned, operated or managed by a
3 public housing agency or leased by a public housing agency as
4 part of a scattered site or mixed-income development. School
5 is defined, for the purposes of this Section, as any public
6 or private elementary or secondary school, community college,
7 college, or university. These charges and all other charges
8 arising out of the same incident shall be prosecuted under
9 the criminal laws of this State.
10 (b) (i) If before trial or plea an information or
11 indictment is filed that does not charge an offense specified
12 in paragraph (a) of this subsection (2) the State's Attorney
13 may proceed on any lesser charge or charges, but only in
14 Juvenile Court under the provisions of this Article. The
15 State's Attorney may proceed under the criminal laws of this
16 State on a lesser charge if before trial the minor defendant
17 knowingly and with advice of counsel waives, in writing, his
18 or her right to have the matter proceed in Juvenile Court.
19 (ii) If before trial or plea an information or
20 indictment is filed that includes one or more charges
21 specified in paragraph (a) of this subsection (2) and
22 additional charges that are not specified in that paragraph,
23 all of the charges arising out of the same incident shall be
24 prosecuted under the criminal laws of this State.
25 (c) (i) If after trial or plea the minor is convicted of
26 any offense covered by paragraph (a) of this subsection (2),
27 then, in sentencing the minor, the court shall have available
28 any or all dispositions prescribed for that offense under
29 Chapter V of the Unified Code of Corrections.
30 (ii) If after trial or plea the court finds that the
31 minor committed an offense not covered by paragraph (a) of
32 this subsection (2), that finding shall not invalidate the
33 verdict or the prosecution of the minor under the criminal
34 laws of the State; however, unless the State requests a
-5- LRB9206563RCcd
1 hearing for the purpose of sentencing the minor under Chapter
2 V of the Unified Code of Corrections, the Court must proceed
3 under Sections 5-705 and 5-710 of this Article. To request a
4 hearing, the State must file a written motion within 10 days
5 following the entry of a finding or the return of a verdict.
6 Reasonable notice of the motion shall be given to the minor
7 or his or her counsel. If the motion is made by the State,
8 the court shall conduct a hearing to determine if the minor
9 should be sentenced under Chapter V of the Unified Code of
10 Corrections. In making its determination, the court shall
11 consider among other matters: (a) whether there is evidence
12 that the offense was committed in an aggressive and
13 premeditated manner; (b) the age of the minor; (c) the
14 previous history of the minor; (d) whether there are
15 facilities particularly available to the Juvenile Court or
16 the Department of Corrections, Juvenile Division, for the
17 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
23 sentenced under Chapter V of the Unified Code of Corrections,
24 then the court shall sentence the minor accordingly having
25 available to it any or all dispositions so prescribed.
26 (3) (a) The definition of delinquent minor under Section
27 5-120 of this Article shall not apply to any minor who at the
28 time of the offense was at least 15 years of age and who is
29 charged with a violation of the provisions of paragraph (1),
30 (3), (4), or (10) of subsection (a) of Section 24-1 of the
31 Criminal Code of 1961 while in school, regardless of the time
32 of day or the time of year, or on the real property
33 comprising any school, regardless of the time of day or the
34 time of year. School is defined, for purposes of this Section
-6- LRB9206563RCcd
1 as any public or private elementary or secondary school,
2 community college, college, or university. These charges and
3 all other charges arising out of the same incident shall be
4 prosecuted under the criminal laws of this State.
5 (b) (i) If before trial or plea an information or
6 indictment is filed that does not charge an offense specified
7 in paragraph (a) of this subsection (3) the State's Attorney
8 may proceed on any lesser charge or charges, but only in
9 Juvenile Court under the provisions of this Article. The
10 State's Attorney may proceed under the criminal laws of this
11 State on a lesser charge if before trial the minor defendant
12 knowingly and with advice of counsel waives, in writing, his
13 or her right to have the matter proceed in Juvenile Court.
14 (ii) If before trial or plea an information or
15 indictment is filed that includes one or more charges
16 specified in paragraph (a) of this subsection (3) and
17 additional charges that are not specified in that paragraph,
18 all of the charges arising out of the same incident shall be
19 prosecuted under the criminal laws of this State.
20 (c) (i) If after trial or plea the minor is convicted of
21 any offense covered by paragraph (a) of this subsection (3),
22 then, in sentencing the minor, the court shall have available
23 any or all dispositions prescribed for that offense under
24 Chapter V of the Unified Code of Corrections.
25 (ii) If after trial or plea the court finds that the
26 minor committed an offense not covered by paragraph (a) of
27 this subsection (3), that finding shall not invalidate the
28 verdict or the prosecution of the minor under the criminal
29 laws of the State; however, unless the State requests a
30 hearing for the purpose of sentencing the minor under Chapter
31 V of the Unified Code of Corrections, the Court must proceed
32 under Sections 5-705 and 5-710 of this Article. To request a
33 hearing, the State must file a written motion within 10 days
34 following the entry of a finding or the return of a verdict.
-7- LRB9206563RCcd
1 Reasonable notice of the motion shall be given to the minor
2 or his or her counsel. If the motion is made by the State,
3 the court shall conduct a hearing to determine if the minor
4 should be sentenced under Chapter V of the Unified Code of
5 Corrections. In making its determination, the court shall
6 consider among other matters: (a) whether there is evidence
7 that the offense was committed in an aggressive and
8 premeditated manner; (b) the age of the minor; (c) the
9 previous history of the minor; (d) whether there are
10 facilities particularly available to the Juvenile Court or
11 the Department of Corrections, Juvenile Division, 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
18 sentenced under Chapter V of the Unified Code of Corrections,
19 then the court shall sentence the minor accordingly having
20 available to it any or all dispositions so prescribed.
21 (4) (a) The definition of delinquent minor under Section
22 5-120 of this Article shall not apply to any minor who at the
23 time of an offense was at least 13 years of age and who is
24 charged with first degree murder committed during the course
25 of either aggravated criminal sexual assault, criminal sexual
26 assault, or aggravated kidnaping. However, this subsection
27 (4) does not include a minor charged with first degree murder
28 based exclusively upon the accountability provisions of the
29 Criminal Code of 1961.
30 (b) (i) If before trial or plea an information or
31 indictment is filed that does not charge first degree murder
32 committed during the course of aggravated criminal sexual
33 assault, criminal sexual assault, or aggravated kidnaping,
34 the State's Attorney may proceed on any lesser charge or
-8- LRB9206563RCcd
1 charges, but only in Juvenile Court under the provisions of
2 this Article. The State's Attorney may proceed under the
3 criminal laws of this State on a lesser charge if before
4 trial the minor defendant knowingly and with advice of
5 counsel waives, in writing, his or her right to have the
6 matter proceed in Juvenile Court.
7 (ii) If before trial or plea an information or
8 indictment is filed that includes first degree murder
9 committed during the course of aggravated criminal sexual
10 assault, criminal sexual assault, or aggravated kidnaping,
11 and additional charges that are not specified in paragraph
12 (a) of this subsection, all of the charges arising out of the
13 same incident shall be prosecuted under the criminal laws of
14 this State.
15 (c) (i) If after trial or plea the minor is convicted of
16 first degree murder committed during the course of aggravated
17 criminal sexual assault, criminal sexual assault, or
18 aggravated kidnaping, in sentencing the minor, the court
19 shall have available any or all dispositions prescribed for
20 that offense under Chapter V of the Unified Code of
21 Corrections.
22 (ii) If the minor was not yet 15 years of age at the
23 time of the offense, and if after trial or plea the court
24 finds that the minor committed an offense other than first
25 degree murder committed during the course of either
26 aggravated criminal sexual assault, criminal sexual assault,
27 or aggravated kidnapping, the finding shall not invalidate
28 the verdict or the prosecution of the minor under the
29 criminal laws of the State; however, unless the State
30 requests a hearing for the purpose of sentencing the minor
31 under Chapter V of the Unified Code of Corrections, the Court
32 must proceed under Sections 5-705 and 5-710 of this Article.
33 To request a hearing, the State must file a written motion
34 within 10 days following the entry of a finding or the return
-9- LRB9206563RCcd
1 of a verdict. Reasonable notice of the motion shall be given
2 to the minor or his or her counsel. If the motion is made by
3 the State, the court shall conduct a hearing to determine
4 whether the minor should be sentenced under Chapter V of the
5 Unified Code of Corrections. In making its determination,
6 the court shall consider among other matters: (a) whether
7 there is evidence that the offense was committed in an
8 aggressive and premeditated manner; (b) the age of the
9 minor; (c) the previous delinquent history of the minor;
10 (d) whether there are facilities particularly available to
11 the Juvenile Court or the Department of Corrections, Juvenile
12 Division, for the treatment and rehabilitation of the minor;
13 (e) whether the best interest of the minor and the security
14 of the public require sentencing under Chapter V of the
15 Unified Code of Corrections; and (f) whether the minor
16 possessed a deadly weapon when committing the offense. The
17 rules of evidence shall be the same as if at trial. If after
18 the hearing the court finds that the minor should be
19 sentenced under Chapter V of the Unified Code of Corrections,
20 then the court shall sentence the minor accordingly having
21 available to it any or all dispositions so prescribed.
22 (5) (a) The definition of delinquent minor under Section
23 5-120 of this Article shall not apply to any minor who is
24 charged with a violation of subsection (a) of Section 31-6 or
25 Section 32-10 of the Criminal Code of 1961 when the minor is
26 subject to prosecution under the criminal laws of this State
27 as a result of the application of the provisions of Section
28 5-125, or subsection (1) or (2) of this Section. These
29 charges and all other charges arising out of the same
30 incident shall be prosecuted under the criminal laws of this
31 State.
32 (b) (i) If before trial or plea an information or
33 indictment is filed that does not charge an offense specified
34 in paragraph (a) of this subsection (5), the State's Attorney
-10- LRB9206563RCcd
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 laws of this
4 State on a lesser charge if before trial the minor defendant
5 knowingly and with advice of counsel waives, in writing, his
6 or her right to have the matter proceed in Juvenile Court.
7 (ii) If before trial or plea an information or
8 indictment is filed that includes one or more charges
9 specified in paragraph (a) of this subsection (5) and
10 additional charges that are not specified in that paragraph,
11 all of the charges arising out of the same incident shall be
12 prosecuted under the criminal laws of this State.
13 (c) (i) If after trial or plea the minor is convicted of
14 any offense covered by paragraph (a) of this subsection (5),
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
19 minor committed an offense not covered by paragraph (a) of
20 this subsection (5), the conviction shall not invalidate the
21 verdict or the prosecution of the minor under the criminal
22 laws of this State; however, unless the State requests a
23 hearing for the purpose of sentencing the minor under Chapter
24 V of the Unified Code of Corrections, the Court must proceed
25 under Sections 5-705 and 5-710 of this Article. To request a
26 hearing, the State must file a written motion within 10 days
27 following the entry of a finding or the return of a verdict.
28 Reasonable notice of the motion shall be given to the minor
29 or his or her counsel. If the motion is made by the State,
30 the court shall conduct a hearing to determine if whether the
31 minor should be sentenced under Chapter V of the Unified Code
32 of Corrections. In making its determination, the court shall
33 consider among other matters: (a) whether there is evidence
34 that the offense was committed in an aggressive and
-11- LRB9206563RCcd
1 premeditated manner; (b) the age of the minor; (c) the
2 previous delinquent history of the minor; (d) whether there
3 are facilities particularly available to the Juvenile Court
4 or the Department of Corrections, Juvenile Division, for the
5 treatment and rehabilitation of the minor; (e) whether the
6 security of the public requires sentencing under Chapter V of
7 the Unified Code of Corrections; and (f) whether the minor
8 possessed a deadly weapon when committing the offense. The
9 rules of evidence shall be the same as if at trial. If after
10 the hearing the court finds that the minor should be
11 sentenced under Chapter V of the Unified Code of Corrections,
12 then the court shall sentence the minor accordingly having
13 available to it any or all dispositions so prescribed.
14 (6) The definition of delinquent minor under Section
15 5-120 of this Article shall not apply to any minor who,
16 pursuant to subsection (1), (2), or (3) or Section 5-805, or
17 5-810, has previously been placed under the jurisdiction of
18 the criminal court and has been convicted of a crime under an
19 adult criminal or penal statute. Such a minor shall be
20 subject to prosecution under the criminal laws of this State.
21 (7) The procedures set out in this Article for the
22 investigation, arrest and prosecution of juvenile offenders
23 shall not apply to minors who are excluded from jurisdiction
24 of the Juvenile Court, except that minors under 17 years of
25 age shall be kept separate from confined adults.
26 (8) Nothing in this Act prohibits or limits the
27 prosecution of any minor for an offense committed on or after
28 his or her 17th birthday even though he or she is at the time
29 of the offense a ward of the court.
30 (9) If an original petition for adjudication of wardship
31 alleges the commission by a minor 13 years of age or over of
32 an act that constitutes a crime under the laws of this State,
33 the minor, with the consent of his or her counsel, may, at
34 any time before commencement of the adjudicatory hearing,
-12- LRB9206563RCcd
1 file with the court a motion that criminal prosecution be
2 ordered and that the petition be dismissed insofar as the act
3 or acts involved in the criminal proceedings are concerned.
4 If such a motion is filed as herein provided, the court shall
5 enter its order accordingly.
6 (Source: P.A. 90-590, eff. 1-1-99; 91-15, eff. 1-1-00;
7 91-673, eff. 12-22-99; revised 1-7-00.)
8 Section 99. Effective date. This Act takes effect July
9 1, 2001.