MCKEON-CURRIE-JOHNSON-JONES,LOU-BROSNAHAN, DELGADO, FLOWERS, YARBROUGH, SOTO AND JONES,SHIRLEY. (PETKA-RONEN-OBAMA-RADOGNO) 705 ILCS 405/5-130 Amends the Juvenile Court Act of 1987. Provides that a minor who is subject to automatic prosecution as an adult may be tried and sentenced as a delinquent minor upon motion of a party or the court and a hearing conducted by the court. The court must consider certain factors and determine, based on a preponderance of the evidence, that the minor would be amenable to the care, treatment, and training programs available through the facilities of the juvenile court based on an evaluation of the specified factors. Provides that if, after hearing the evidence, the court finds that the minor has no previous delinquent or criminal history and the minor is charged with an offense relating to the illegal manufacture or delivery of a controlled substance, there is a rebuttable presumption that the minor is a fit and proper subject to be dealt with as a delinquent minor. FISCAL NOTE (Illinois Courts Administrative Office) HB 4129 would have minimal impact on the judicial branch. JUDICIAL NOTE (Illinois Courts Administrative Office) HB 4129 would neither increase nor decrease the number of judges needed in the State. HOUSE AMENDMENT NO. 1. Deletes everything. Reinserts the provisions of the bill with the following changes: (1) eliminates provisions requiring that a minor at least 15 years of age be prosecuted and tried as an adult for controlled substance offenses committed on school grounds, school buses, or public housing property; (2) provides that at the hearing requesting that a minor who is otherwise required to be prosecuted as an adult be prosecuted as a delinquent minor, any material and relevant evidence is admissible; and (3) eliminates the factor to be considered at the hearing that there are resources particularly available to the Juvenile Court or the Department of Corrections, Juvenile Division, for treatment and rehabilitation of the minor. FISCAL NOTE, H-AM 2 (Illinois State Police) If House Bill 4129 (H-am 2), were to become law, there would be no fiscal impact to the Illinois State Police. JUDICIAL NOTE, H-AM 2 (Illinois Courts Administrative Office) This legislation would neither increase nor decrease the number of judges needed in the State. HOUSE AMENDMENT NO. 2. Deletes everything. Reinserts the provisions of the bill as amended with the following changes: (1) limits the provisions permit- ting a minor at least 15 years of age otherwise subject to adult prosecution to be tried and sentenced as a delinquent minor only to cases in which the minor committed controlled substance offenses on school grounds, school buses, or public housing property; (2) restores provisions of the law requiring adult criminal prosecution of a minor at least 15 years of age who committed a controlled substance viola- tion on school grounds, school buses, or public housing property and who is not tried and sentenced as a delinquent minor; and (3) elimi- nates the factor to be considered at the hearing that there are resources particularly available to the Juvenile Court or the Depart- ment of Corrections, Juvenile Division, for treatment and rehabilita- tion of the minor. HOUSE AMENDMENT NO. 3. Deletes everything. Reinserts the provisions of the bill as amended with the following changes: limits the provisions permitting a minor at least 15 years of age otherwise subject to adult prosecu- tion to be tried and sentenced as a delinquent minor only to cases in which the minor committed controlled substance offenses on school grounds, school buses, or public housing property other than a Class X felony violation of the Illinois Controlled Substances Act. JAN-29-2002 H FILED WITH CLERK JAN-30-2002 H FIRST READING JAN-30-2002 H REFERRED TO HOUSE RULES COMMITTEE RULES FEB-05-2002 H ASSIGNED TO COMMITTEE JUD-CRIMINAL FEB-07-2002 H ADDED AS A CO-SPONSOR JONES,LOU FEB-14-2002 H FISCAL NOTE FILED FEB-14-2002 H JUDICIAL NOTE FILED FEB-14-2002 H COMMITTEE JUD-CRIMINAL FEB-15-2002 H AMENDMENT NO. 01-JUD-CRIMINAL H FEB-15-2002 H ADOPTED FEB-15-2002 H DO PASS AMENDED/SHORT DEBATE 009-003-000 HJUB FEB-15-2002 H PLACED CALENDAR 2ND READING-SHORT DEBATE FEB-22-2002 H ADDED AS A JOINT SPONSOR JOHNSON FEB-22-2002 H ADDED AS A JOINT SPONSOR JONES,LOU FEB-22-2002 H ADDED AS A JOINT SPONSOR BROSNAHAN FEB-22-2002 H ADDED AS A JOINT SPONSOR DELGADO FEB-22-2002 H ADDED AS A CO-SPONSOR DAVIS,MONIQUE FEB-22-2002 H ADDED AS A CO-SPONSOR FLOWERS MAR-12-2002 H AMENDMENT NO. 02-CURRIE MAR-12-2002 H AMENDMENT REFERRED TO HRUL MAR-12-2002 H CALENDAR ORDER 2ND READING-SHORT DEBATE MAR-22-2002 H PRIMARY SPONSOR CHANGED TO MCKEON MAR-22-2002 H JOINT-SPONSOR CHANGED TO CURRIE MAR-22-2002 H ADDED AS A CO-SPONSOR DELGADO MAR-22-2002 H SECOND READING-SHORT DEBATE MAR-22-2002 H HELD ON CAL ORDER 2ND RDG - SHORT DEBATE APR-01-2002 H FISCAL NOTE FILED AS AMENDED BY HOUSE AMEND #2 APR-01-2002 H JUDICIAL NOTE FILED AS AMENDED BY HOUSE AMEND #2 APR-01-2002 H AMENDMENT NO. 02-CURRIE APR-01-2002 H RULES REFERS TO HJUB APR-01-2002 H HELD ON CAL ORDER 2ND RDG - SHORT DEBATE APR-02-2002 H AMENDMENT NO. 02-CURRIE APR-02-2002 H RECOMMENDS BE ADOPTED HJUB/009-001-000 APR-02-2002 H AMENDMENT NO. 02-CURRIE APR-02-2002 H ADOPTED APR-02-2002 H PLCD CAL ORDER 3RD READING-SHORT DEBATE APR-02-2002 H ADDED AS A CO-SPONSOR YARBROUGH APR-02-2002 H ADDED AS A CO-SPONSOR SOTO APR-03-2002 H RECALLED TO SECOND READING-SHORT DEBATE APR-03-2002 H AMENDMENT NO. 03-MCKEON APR-03-2002 H AMENDMENT REFERRED TO HRUL APR-03-2002 H HELD ON CAL ORDER 2ND RDG - SHORT DEBATE APR-04-2002 H AMENDMENT NO. 03-MCKEON APR-04-2002 H RECOMMENDS BE ADOPTED HRUL/005-000-000 APR-04-2002 H AMENDMENT NO. 03-MCKEON APR-04-2002 H ADOPTED APR-04-2002 H PLCD CAL ORDER 3RD READING-SHORT DEBATE APR-04-2002 H ADDED AS A CO-SPONSOR JONES,SHIRLEY APR-05-2002 H THIRD READING/SHORT DEBATE/PASSED 065-046-001 APR-09-2002 S ARRIVE IN SENATE APR-09-2002 S PLACED CALENDAR ORDER OF FIRST READING 02-04-10 APR-09-2002 S CHIEF SPONSOR RONEN APR-09-2002 S FIRST READING APR-09-2002 S REFERRED TO SENATE RULES COMMITTEE RULES APR-11-2002 S ALTERNATE CHIEF SPONSOR CHANGED TO PETKA APR-11-2002 S CHIEF CO-SPONSOR CHANGED TO RONEN APR-12-2002 S ADDED AS A CO-SPONSOR LIGHTFORD APR-17-2002 S ASSIGNED TO COMMITTEE JUDICIARY APR-18-2002 S ADDED AS A CHIEF CO-SPONSOR OBAMA APR-24-2002 S DO PASS 008-001-000 SJUD APR-24-2002 S PLACED ON CALENDAR ORDER OF 2ND READING 02-04-25 APR-25-2002 S SECOND READING APR-25-2002 S PLACED ON CALENDAR ORDER OF 3RD READING 02-05-06 MAY-08-2002 S ADDED AS A CHIEF CO-SPONSOR RADOGNO MAY-08-2002 S THIRD READING - PASSED 043-011-001 MAY-08-2002 H PASSED BOTH HOUSES JUN-06-2002 H SENT TO THE GOVERNOR JUL-16-2002 H GOVERNOR APPROVED JUL-16-2002 H EFFECTIVE DATE 03-01-01 JUL-16-2002 H PUBLIC ACT.............................. 92-0665 END OF INQUIRY Full Text Bill Summary