House Sponsors: MCKEON-CURRIE-JOHNSON-JONES,LOU-BROSNAHAN, DELGADO, FLOWERS, YARBROUGH, SOTO AND JONES,SHIRLEY. Senate Sponsors: PETKA-RONEN-OBAMA-RADOGNO Short description: JUV CT-DELINQUENCY Synopsis of Bill as introduced: 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. Last action on Bill: PUBLIC ACT.............................. 92-0665 Last action date: JUL-16-2002 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 3 SENATE - 0 END OF INQUIRY Full Text Bill Status