[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 92-0665
HB4129 Enrolled LRB9213222RCcd
AN ACT in relation to minors
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Juvenile Court Act of 1987 is amended by
changing Section 5-130 as follows:
(705 ILCS 405/5-130)
Sec. 5-130. Excluded jurisdiction.
(1) (a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time of an offense was at least 15 years of age and who is
charged with first degree murder, aggravated criminal sexual
assault, aggravated battery with a firearm committed in a
school, on the real property comprising a school, within
1,000 feet of the real property comprising a school, at a
school related activity, or on, boarding, or departing from
any conveyance owned, leased, or contracted by a school or
school district to transport students to or from school or a
school related activity regardless of the time of day or time
of year that the offense was committed, armed robbery when
the armed robbery was committed with a firearm, or aggravated
vehicular hijacking when the hijacking was committed with a
firearm.
These charges and all other charges arising out of the
same incident shall be prosecuted under the criminal laws of
this State.
For purposes of this paragraph (a) of subsection (l):
"School" means a public or private elementary or
secondary school, community college, college, or university.
"School related activity" means any sporting, social,
academic or other activity for which students' attendance or
participation is sponsored, organized, or funded in whole or
in part by a school or school district.
(b) (i) If before trial or plea an information or
indictment is filed that does not charge an offense specified
in paragraph (a) of this subsection (1) the State's Attorney
may proceed on any lesser charge or charges, but only in
Juvenile Court under the provisions of this Article. The
State's Attorney may proceed under the Criminal Code of 1961
on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing, his
or her right to have the matter proceed in Juvenile Court.
(ii) If before trial or plea an information or
indictment is filed that includes one or more charges
specified in paragraph (a) of this subsection (1) and
additional charges that are not specified in that paragraph,
all of the charges arising out of the same incident shall be
prosecuted under the Criminal Code of 1961.
(c) (i) If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection (1),
then, in sentencing the minor, the court shall have available
any or all dispositions prescribed for that offense under
Chapter V of the Unified Code of Corrections.
(ii) If after trial or plea the court finds that the
minor committed an offense not covered by paragraph (a) of
this subsection (1), that finding shall not invalidate the
verdict or the prosecution of the minor under the criminal
laws of the State; however, unless the State requests a
hearing for the purpose of sentencing the minor under Chapter
V of the Unified Code of Corrections, the Court must proceed
under Sections 5-705 and 5-710 of this Article. To request a
hearing, the State must file a written motion within 10 days
following the entry of a finding or the return of a verdict.
Reasonable notice of the motion shall be given to the minor
or his or her counsel. If the motion is made by the State,
the court shall conduct a hearing to determine if the minor
should be sentenced under Chapter V of the Unified Code of
Corrections. In making its determination, the court shall
consider among other matters: (a) whether there is evidence
that the offense was committed in an aggressive and
premeditated manner; (b) the age of the minor; (c) the
previous history of the minor; (d) whether there are
facilities particularly available to the Juvenile Court or
the Department of Corrections, Juvenile Division, for the
treatment and rehabilitation of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after
the hearing the court finds that the minor should be
sentenced under Chapter V of the Unified Code of Corrections,
then the court shall sentence the minor accordingly having
available to it any or all dispositions so prescribed.
(2) (a) The definition of a delinquent minor under
Section 5-120 of this Article shall not apply to any minor
who at the time of the offense was at least 15 years of age
and who is charged with an offense under Section 401 of the
Illinois Controlled Substances Act, while in a school,
regardless of the time of day or the time of year, or any
conveyance owned, leased or contracted by a school to
transport students to or from school or a school related
activity, or residential property owned, operated or managed
by a public housing agency or leased by a public housing
agency as part of a scattered site or mixed-income
development, on the real property comprising any school,
regardless of the time of day or the time of year, or
residential property owned, operated or managed by a public
housing agency or leased by a public housing agency as part
of a scattered site or mixed-income development, or on a
public way within 1,000 feet of the real property comprising
any school, regardless of the time of day or the time of
year, or residential property owned, operated or managed by a
public housing agency or leased by a public housing agency as
part of a scattered site or mixed-income development. School
is defined, for the purposes of this Section, as any public
or private elementary or secondary school, community college,
college, or university. These charges and all other charges
arising out of the same incident shall be prosecuted under
the criminal laws of this State.
(b) (i) If before trial or plea an information or
indictment is filed that does not charge an offense specified
in paragraph (a) of this subsection (2) the State's Attorney
may proceed on any lesser charge or charges, but only in
Juvenile Court under the provisions of this Article. The
State's Attorney may proceed under the criminal laws of this
State on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing, his
or her right to have the matter proceed in Juvenile Court.
(ii) If before trial or plea an information or
indictment is filed that includes one or more charges
specified in paragraph (a) of this subsection (2) and
additional charges that are not specified in that paragraph,
all of the charges arising out of the same incident shall be
prosecuted under the criminal laws of this State.
(c) (i) If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection (2),
then, in sentencing the minor, the court shall have available
any or all dispositions prescribed for that offense under
Chapter V of the Unified Code of Corrections.
(ii) If after trial or plea the court finds that the
minor committed an offense not covered by paragraph (a) of
this subsection (2), that finding shall not invalidate the
verdict or the prosecution of the minor under the criminal
laws of the State; however, unless the State requests a
hearing for the purpose of sentencing the minor under Chapter
V of the Unified Code of Corrections, the Court must proceed
under Sections 5-705 and 5-710 of this Article. To request a
hearing, the State must file a written motion within 10 days
following the entry of a finding or the return of a verdict.
Reasonable notice of the motion shall be given to the minor
or his or her counsel. If the motion is made by the State,
the court shall conduct a hearing to determine if the minor
should be sentenced under Chapter V of the Unified Code of
Corrections. In making its determination, the court shall
consider among other matters: (a) whether there is evidence
that the offense was committed in an aggressive and
premeditated manner; (b) the age of the minor; (c) the
previous history of the minor; (d) whether there are
facilities particularly available to the Juvenile Court or
the Department of Corrections, Juvenile Division, for the
treatment and rehabilitation of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after
the hearing the court finds that the minor should be
sentenced under Chapter V of the Unified Code of Corrections,
then the court shall sentence the minor accordingly having
available to it any or all dispositions so prescribed.
(3) (a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time of the offense was at least 15 years of age and who is
charged with a violation of the provisions of paragraph (1),
(3), (4), or (10) of subsection (a) of Section 24-1 of the
Criminal Code of 1961 while in school, regardless of the time
of day or the time of year, or on the real property
comprising any school, regardless of the time of day or the
time of year. School is defined, for purposes of this
Section as any public or private elementary or secondary
school, community college, college, or university. These
charges and all other charges arising out of the same
incident shall be prosecuted under the criminal laws of this
State.
(b) (i) If before trial or plea an information or
indictment is filed that does not charge an offense specified
in paragraph (a) of this subsection (3) the State's Attorney
may proceed on any lesser charge or charges, but only in
Juvenile Court under the provisions of this Article. The
State's Attorney may proceed under the criminal laws of this
State on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing, his
or her right to have the matter proceed in Juvenile Court.
(ii) If before trial or plea an information or
indictment is filed that includes one or more charges
specified in paragraph (a) of this subsection (3) and
additional charges that are not specified in that paragraph,
all of the charges arising out of the same incident shall be
prosecuted under the criminal laws of this State.
(c) (i) If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection (3),
then, in sentencing the minor, the court shall have available
any or all dispositions prescribed for that offense under
Chapter V of the Unified Code of Corrections.
(ii) If after trial or plea the court finds that the
minor committed an offense not covered by paragraph (a) of
this subsection (3), that finding shall not invalidate the
verdict or the prosecution of the minor under the criminal
laws of the State; however, unless the State requests a
hearing for the purpose of sentencing the minor under Chapter
V of the Unified Code of Corrections, the Court must proceed
under Sections 5-705 and 5-710 of this Article. To request a
hearing, the State must file a written motion within 10 days
following the entry of a finding or the return of a verdict.
Reasonable notice of the motion shall be given to the minor
or his or her counsel. If the motion is made by the State,
the court shall conduct a hearing to determine if the minor
should be sentenced under Chapter V of the Unified Code of
Corrections. In making its determination, the court shall
consider among other matters: (a) whether there is evidence
that the offense was committed in an aggressive and
premeditated manner; (b) the age of the minor; (c) the
previous history of the minor; (d) whether there are
facilities particularly available to the Juvenile Court or
the Department of Corrections, Juvenile Division, for the
treatment and rehabilitation of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after
the hearing the court finds that the minor should be
sentenced under Chapter V of the Unified Code of Corrections,
then the court shall sentence the minor accordingly having
available to it any or all dispositions so prescribed.
(4) (a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time of an offense was at least 13 years of age and who is
charged with first degree murder committed during the course
of either aggravated criminal sexual assault, criminal sexual
assault, or aggravated kidnaping. However, this subsection
(4) does not include a minor charged with first degree murder
based exclusively upon the accountability provisions of the
Criminal Code of 1961.
(b) (i) If before trial or plea an information or
indictment is filed that does not charge first degree murder
committed during the course of aggravated criminal sexual
assault, criminal sexual assault, or aggravated kidnaping,
the State's Attorney may proceed on any lesser charge or
charges, but only in Juvenile Court under the provisions of
this Article. The State's Attorney may proceed under the
criminal laws of this State on a lesser charge if before
trial the minor defendant knowingly and with advice of
counsel waives, in writing, his or her right to have the
matter proceed in Juvenile Court.
(ii) If before trial or plea an information or
indictment is filed that includes first degree murder
committed during the course of aggravated criminal sexual
assault, criminal sexual assault, or aggravated kidnaping,
and additional charges that are not specified in paragraph
(a) of this subsection, all of the charges arising out of the
same incident shall be prosecuted under the criminal laws of
this State.
(c) (i) If after trial or plea the minor is convicted of
first degree murder committed during the course of aggravated
criminal sexual assault, criminal sexual assault, or
aggravated kidnaping, in sentencing the minor, the court
shall have available any or all dispositions prescribed for
that offense under Chapter V of the Unified Code of
Corrections.
(ii) If the minor was not yet 15 years of age at the
time of the offense, and if after trial or plea the court
finds that the minor committed an offense other than first
degree murder committed during the course of either
aggravated criminal sexual assault, criminal sexual assault,
or aggravated kidnapping, the finding shall not invalidate
the verdict or the prosecution of the minor under the
criminal laws of the State; however, unless the State
requests a hearing for the purpose of sentencing the minor
under Chapter V of the Unified Code of Corrections, the Court
must proceed under Sections 5-705 and 5-710 of this Article.
To request a hearing, the State must file a written motion
within 10 days following the entry of a finding or the return
of a verdict. Reasonable notice of the motion shall be given
to the minor or his or her counsel. If the motion is made by
the State, the court shall conduct a hearing to determine
whether the minor should be sentenced under Chapter V of the
Unified Code of Corrections. In making its determination,
the court shall consider among other matters: (a) whether
there is evidence that the offense was committed in an
aggressive and premeditated manner; (b) the age of the
minor; (c) the previous delinquent history of the minor;
(d) whether there are facilities particularly available to
the Juvenile Court or the Department of Corrections, Juvenile
Division, for the treatment and rehabilitation of the minor;
(e) whether the best interest of the minor and the security
of the public require sentencing under Chapter V of the
Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after
the hearing the court finds that the minor should be
sentenced under Chapter V of the Unified Code of Corrections,
then the court shall sentence the minor accordingly having
available to it any or all dispositions so prescribed.
(5) (a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who is
charged with a violation of subsection (a) of Section 31-6 or
Section 32-10 of the Criminal Code of 1961 when the minor is
subject to prosecution under the criminal laws of this State
as a result of the application of the provisions of Section
5-125, or subsection (1) or (2) of this Section. These
charges and all other charges arising out of the same
incident shall be prosecuted under the criminal laws of this
State.
(b) (i) If before trial or plea an information or
indictment is filed that does not charge an offense specified
in paragraph (a) of this subsection (5), the State's Attorney
may proceed on any lesser charge or charges, but only in
Juvenile Court under the provisions of this Article. The
State's Attorney may proceed under the criminal laws of this
State on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing, his
or her right to have the matter proceed in Juvenile Court.
(ii) If before trial or plea an information or
indictment is filed that includes one or more charges
specified in paragraph (a) of this subsection (5) and
additional charges that are not specified in that paragraph,
all of the charges arising out of the same incident shall be
prosecuted under the criminal laws of this State.
(c) (i) If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection (5),
then, in sentencing the minor, the court shall have available
any or all dispositions prescribed for that offense under
Chapter V of the Unified Code of Corrections.
(ii) If after trial or plea the court finds that the
minor committed an offense not covered by paragraph (a) of
this subsection (5), the conviction shall not invalidate the
verdict or the prosecution of the minor under the criminal
laws of this State; however, unless the State requests a
hearing for the purpose of sentencing the minor under Chapter
V of the Unified Code of Corrections, the Court must proceed
under Sections 5-705 and 5-710 of this Article. To request a
hearing, the State must file a written motion within 10 days
following the entry of a finding or the return of a verdict.
Reasonable notice of the motion shall be given to the minor
or his or her counsel. If the motion is made by the State,
the court shall conduct a hearing to determine if whether the
minor should be sentenced under Chapter V of the Unified Code
of Corrections. In making its determination, the court shall
consider among other matters: (a) whether there is evidence
that the offense was committed in an aggressive and
premeditated manner; (b) the age of the minor; (c) the
previous delinquent history of the minor; (d) whether there
are facilities particularly available to the Juvenile Court
or the Department of Corrections, Juvenile Division, for the
treatment and rehabilitation of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after
the hearing the court finds that the minor should be
sentenced under Chapter V of the Unified Code of Corrections,
then the court shall sentence the minor accordingly having
available to it any or all dispositions so prescribed.
(6) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who,
pursuant to subsection (1), (2), or (3) or Section 5-805, or
5-810, has previously been placed under the jurisdiction of
the criminal court and has been convicted of a crime under an
adult criminal or penal statute. Such a minor shall be
subject to prosecution under the criminal laws of this State.
(7) The procedures set out in this Article for the
investigation, arrest and prosecution of juvenile offenders
shall not apply to minors who are excluded from jurisdiction
of the Juvenile Court, except that minors under 17 years of
age shall be kept separate from confined adults.
(8) Nothing in this Act prohibits or limits the
prosecution of any minor for an offense committed on or after
his or her 17th birthday even though he or she is at the time
of the offense a ward of the court.
(9) If an original petition for adjudication of wardship
alleges the commission by a minor 13 years of age or over of
an act that constitutes a crime under the laws of this State,
the minor, with the consent of his or her counsel, may, at
any time before commencement of the adjudicatory hearing,
file with the court a motion that criminal prosecution be
ordered and that the petition be dismissed insofar as the act
or acts involved in the criminal proceedings are concerned.
If such a motion is filed as herein provided, the court shall
enter its order accordingly.
(10) If a minor is subject to the provisions of
subsection (2) of this Section, other than a minor charged
with a Class X felony violation of the Illinois Controlled
Substances Act, any party including the minor or the court
sua sponte may, before trial, move for a hearing for the
purpose of trying and sentencing the minor as a delinquent
minor. To request a hearing, the party must file a motion
prior to trial. Reasonable notice of the motion shall be
given to all parties. On its own motion or upon the filing of
a motion by one of the parties including the minor, the court
shall conduct a hearing to determine whether the minor should
be tried and sentenced as a delinquent minor under this
Article. In making its determination, the court shall
consider among other matters:
(a) The age of the minor;
(b) Any previous delinquent or criminal history of the
minor;
(c) Any previous abuse or neglect history of the minor;
(d) Any mental health or educational history of the
minor, or both; and
(e) Whether there is probable cause to support the
charge, whether the minor is charged through accountability,
and whether there is evidence the minor possessed a deadly
weapon or caused serious bodily harm during the offense.
Any material that is relevant and reliable shall be
admissible at the hearing. In all cases, the judge shall
enter an order permitting prosecution under the criminal laws
of Illinois unless the judge makes a finding 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 factors listed in this subsection
(10).
(Source: P.A. 91-15, eff. 1-1-00; 91-673, eff. 12-22-99;
92-16, eff. 6-28-01.)
Passed in the General Assembly May 08, 2002.
Approved July 16, 2002.
Effective January 01, 2003.
[ Top ]