Public Act 103-0191
 
HB3414 EnrolledLRB103 30107 RLC 56531 b


  
    AN ACT concerning criminal law.
  
 
    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 Sections 5-805 and 5-810 as follows:
 


    (705 ILCS 405/5-805)



    Sec. 5-805. Transfer of jurisdiction. 

    (1) (Blank).









    (2) Presumptive transfer. 

        (a) If the State's Attorney files a petition, at any 
    time prior to
commencement of the minor's trial, to permit 
    prosecution under the criminal
laws and the petition 
    alleges a minor 15 years of age or older
of an act that 
    constitutes a forcible felony under the laws of this 
    State, and
if a motion by the State's Attorney to 
    prosecute the minor under the criminal
laws of Illinois 
    for the alleged forcible felony alleges that (i) the minor 
    has
previously been adjudicated delinquent or found guilty 
    for commission of an act
that constitutes a forcible 
    felony under the laws of this State or any other state and

    (ii) the act that constitutes the offense was committed in 
    furtherance of
criminal activity by an organized gang, 
    and, if the juvenile judge
assigned to hear and determine 
    motions to transfer a case for prosecution in
the criminal 
    court determines that there is probable cause to believe 
    that the
allegations in the petition and motion are true, 
    there is a rebuttable
presumption that the minor is not a 
    fit and proper subject to be dealt with
under the Juvenile 
    Justice Reform Provisions of 1998 (Public Act 90-590),
and 
    that, except as provided in paragraph (b), the case should 
    be transferred
to the criminal court.

        (b) The judge shall enter an order permitting 
    prosecution under the
criminal laws of Illinois unless the 
    judge makes a finding based on clear and
convincing 
    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 following:

            (i) the age of the minor;

            (ii) the history of the minor, including:

                (A) any previous delinquent or criminal 
            history of the minor,
                (B) any previous abuse or neglect history of 
            the minor, and

                (C) any mental health, physical or educational 
            history of the minor or combination of these 
            factors, and ;
                (D)   any involvement of the minor in the child 
            welfare system; 
            (iii) the circumstances of the offense, including:

                (A) the seriousness of the offense,

                (B) whether the minor is charged through 
            accountability,

                (C) whether there is evidence the offense was 
            committed in an aggressive and premeditated 
            manner,

                (D) whether there is evidence the offense 
            caused serious bodily harm,

                (E) whether there is evidence the minor 
            possessed a deadly weapon, ;

                (F)   whether there is evidence the minor was 
            subjected to outside pressure, including peer 
            pressure, familial pressure, or negative 
            influences, and
                (G)   the minor's degree of participation and 
            specific role in the offense; 
            (iv) the advantages of treatment within the 
        juvenile justice system including whether there are 
        facilities or programs, or both, particularly 
        available in the juvenile system;

            (v) whether the security of the public requires 
        sentencing under Chapter V of the Unified Code of 
        Corrections:

                (A) the minor's history of services, including 
            the minor's willingness to participate 
            meaningfully in available services;

                (B) whether there is a reasonable likelihood 
            that the minor can be rehabilitated before the 
            expiration of the juvenile court's jurisdiction;

            and 
                (C) the adequacy of the punishment or 
            services.


        In considering these factors, the court shall give 
    greater
weight to the seriousness of the alleged offense 
    and the minor's prior record
of delinquency than to the 
    other factors listed in this subsection.

    (3) Discretionary transfer. 

        (a) If a petition alleges commission by a minor 13 
    years of age or over of
an act that constitutes a crime 
    under the laws of this State and, on motion of
the State's 
    Attorney to permit prosecution of the minor under the 
    criminal
laws, a Juvenile Judge assigned by the Chief 
    Judge of the Circuit to hear and
determine those motions, 
    after hearing but before commencement of the
trial, finds 
    that there is probable cause to believe that the

    allegations in the motion are true and that it is not in 
    the best interests
of the public to proceed under this 
    Act, the court may enter an
order permitting prosecution 
    under the criminal laws.

        (b) In making its determination on the motion to 
    permit prosecution under
the criminal laws, the court 
    shall consider among other matters: 

            (i) the age of the minor;

            (ii) the history of the minor, including:

                (A) any previous delinquent or criminal 
            history of the minor,

                (B) any previous abuse or neglect history of 
            the minor, and

                (C) any mental health, physical, or 
            educational history of the minor or combination of 
            these factors, and ;

                (D) any involvement of the minor in the child 
            welfare system; 
            (iii) the circumstances of the offense, including:

                (A) the seriousness of the offense,

                (B) whether the minor is charged through 
            accountability,

                (C) whether there is evidence the offense was 
            committed in an aggressive and premeditated 
            manner,

                (D) whether there is evidence the offense 
            caused serious bodily harm,

                (E) whether there is evidence the minor 
            possessed a deadly weapon, ;

                (F)   whether there is evidence the minor was 
            subjected to outside pressure, including peer 
            pressure, familial pressure, or negative 
            influences, and
                (G)   the minor's degree of participation and 
            specific role in the offense; 
            (iv) the advantages of treatment within the 
        juvenile justice system including whether there are 
        facilities or programs, or both, particularly 
        available in the juvenile system;

            (v) whether the security of the public requires 
        sentencing under Chapter V of the Unified Code of 
        Corrections:

                (A) the minor's history of services, including 
            the minor's willingness to participate 
            meaningfully in available services;

                (B) whether there is a reasonable likelihood 
            that the minor can be rehabilitated before the 
            expiration of the juvenile court's jurisdiction;

            and 
                (C) the adequacy of the punishment or 
            services.


        In considering these factors, the court shall give 
    greater
weight to the seriousness of the alleged offense, 
    the minor's prior record
of delinquency than to the other 
    factors listed in this subsection.

    (4) The rules of evidence for this hearing shall be the 
same as under
Section 5-705 of this Act.  A minor must be 
represented in court by counsel
before the hearing may be 
commenced.

    (5) If criminal proceedings are instituted, the petition 
for adjudication
of wardship shall be dismissed insofar as the 
act or acts involved in the
criminal proceedings.  Taking of 
evidence in a trial on petition for
adjudication of wardship 
is a bar to criminal proceedings based upon the
conduct 
alleged in the petition.

    (6) When criminal prosecution is permitted under this 
Section and a finding of guilt is entered, the criminal court 
shall sentence the minor under Section 5-4.5-105 of the 
Unified Code of Corrections.
    (7)  The changes made to this Section by this amendatory 
Act of the 99th General Assembly apply to a minor who has been  
taken into custody on or after the effective date of this 
amendatory Act of the 99th General Assembly. 
(Source: P.A. 99-258, eff. 1-1-16.)

 


    (705 ILCS 405/5-810)



    Sec. 5-810. Extended jurisdiction juvenile prosecutions. 

    (1) (a) If the State's Attorney files a petition, at any 
time prior to
commencement of the
minor's trial, to designate 
the proceeding as an extended jurisdiction juvenile

prosecution and the petition alleges the commission by a minor 
13 years of age
or
older of any offense which would be a felony 
if committed by an adult, and, if
the
juvenile judge
assigned 
to hear and determine petitions to designate the proceeding as 
an
extended jurisdiction juvenile prosecution determines that 
there is probable
cause to believe that the allegations in the 
petition and motion are true,
there is a rebuttable 
presumption that the proceeding shall be designated as an

extended jurisdiction juvenile proceeding.

    (b) The judge shall enter an order designating the 
proceeding as an
extended jurisdiction juvenile proceeding 
unless the judge makes a finding
based on clear and convincing 
evidence that sentencing under the Chapter V of
the Unified 
Code of Corrections would not be appropriate for the minor 
based on
an evaluation of the
following factors:

        (i) the age of the minor;

        (ii) the history of the minor, including:

            (A) any previous delinquent or criminal history of 
        the minor,

            (B) any previous abuse or neglect history of the 
        minor, and

            (C) any mental health, physical and/or educational 
        history of the minor, and ;

            (D) any involvement of the minor in the child 
        welfare system; 
        (iii) the circumstances of the offense, including:

            (A) the seriousness of the offense,

            (B) whether the minor is charged through 
        accountability,

            (C) whether there is evidence the offense was 
        committed in an aggressive and premeditated manner,

            (D) whether there is evidence the offense caused 
        serious bodily harm,

            (E) whether there is evidence the minor possessed 
        a deadly weapon, ;

            (F)   whether there is evidence the minor was 
        subjected to outside pressure, including peer 
        pressure, familial pressure, or negative influences, 
        and
            (G)    the minor's degree of participation and 
        specific role in the offense; 
        (iv) the advantages of treatment within the juvenile 
    justice system including whether there are facilities or 
    programs, or both, particularly available in the juvenile 
    system;

        (v) whether the security of the public requires 
    sentencing under Chapter V of the Unified Code of 
    Corrections:

            (A) the minor's history of services, including the 
        minor's willingness to participate meaningfully in 
        available services;

            (B) whether there is a reasonable likelihood that 
        the minor can be rehabilitated before the expiration 
        of the juvenile court's jurisdiction;

            (C) the adequacy of the punishment or services.


    In considering these factors, the court shall give greater 
weight to the
seriousness of the alleged offense, and the 
minor's prior record of delinquency
than to other factors 
listed in this subsection.

    (2) Procedures for extended
jurisdiction juvenile 
prosecutions.
 The State's Attorney may file a written motion 
for a proceeding to be
designated as an extended juvenile 
jurisdiction prior to
commencement of trial.  Notice of the 
motion shall be in
compliance with
Section 5-530.  When the 
State's Attorney files a written motion that a
proceeding be 
designated an extended jurisdiction juvenile prosecution, the

court shall commence a hearing within 30 days of the filing of 
the motion for
designation, unless good cause is shown by the 
prosecution or the minor as to
why the hearing could not be 
held within this time period.  If the court finds
good cause has 
been demonstrated, then the hearing shall be held within 60 
days
of the filing of the motion.  The hearings shall be open to 
the public unless
the judge finds that the hearing should be 
closed for the protection of any
party, victim or witness.  If 
the Juvenile Judge
assigned to hear and determine a motion to 
designate an extended jurisdiction
juvenile prosecution 
determines that there is probable cause to believe that
the 
allegations in the petition and motion are true the court 
shall grant the
motion for designation.  Information used by 
the court in its findings or
stated in or offered in connection 
with this Section may be by way of proffer
based on reliable 
information offered by the State or the minor.  All evidence

shall be admissible if it is relevant and reliable regardless 
of whether it
would be admissible under the rules of evidence. 

    (3) Trial.  A minor who is subject of an extended 
jurisdiction juvenile
prosecution has the right to trial by 
jury.  Any trial under this Section shall
be open to the public.

    (4) Sentencing.  If an extended jurisdiction juvenile 
prosecution under
subsection (1)
results in a guilty plea, a 
verdict of guilty, or a finding of guilt,
the court shall 
impose the following:

        (i) one or more juvenile sentences under Section 
    5-710; and

        (ii) an adult criminal sentence in accordance with the 
    provisions of
Section 5-4.5-105 of the Unified Code of 
    Corrections, the execution of which shall be stayed on the 
    condition that the
offender not violate the provisions of 
    the juvenile sentence.

Any sentencing hearing under
this Section shall be open to the 
public.

    (5) If, after an extended jurisdiction juvenile 
prosecution trial, a minor
is convicted of a lesser-included 
offense or of an offense that the State's
Attorney did not 
designate as an extended jurisdiction juvenile prosecution,

the State's Attorney may file a written motion, within 10 days 
of the finding
of guilt, that
the minor be sentenced as an 
extended jurisdiction juvenile prosecution
offender.  The court 
shall rule on this motion using the factors found in
paragraph 
(1)(b) of Section 5-805.  If the court denies the State's 
Attorney's
motion for
sentencing under the extended 
jurisdiction juvenile prosecution provision, the
court shall 
proceed to sentence the minor under Section 5-710.

    (6) When it appears that a minor convicted in an extended 
jurisdiction
juvenile prosecution under subsection (1) has 
violated the
conditions of his or her sentence, or is alleged 
to have committed a new
offense upon the filing of a petition 
to revoke the stay, the
court may, without notice, issue a 
warrant for the arrest of the minor.
After a hearing, if the 
court finds by a
preponderance of the evidence that the minor 
committed a new offense, the
court  shall order execution of 
the previously
imposed adult criminal sentence.
 After a 
hearing, if the court finds by a preponderance of the evidence

that the minor committed a violation of his or her sentence 
other than by a new
offense, the court may order execution of 
the previously imposed adult criminal
sentence or may continue 
him or her on the existing juvenile sentence with or
without 
modifying or enlarging the conditions.
Upon revocation of the 
stay of the adult criminal sentence
and imposition of
that 
sentence, the minor's extended jurisdiction juvenile status 
shall be
terminated.
The on-going jurisdiction over the 
minor's case shall be assumed by the  adult
criminal court and 
juvenile court jurisdiction shall be terminated and a report

of
the imposition of the adult sentence shall be sent to the 
Department of State
Police.

    (7) Upon successful completion of the juvenile sentence 
the court shall
vacate the adult criminal sentence.

    (8) Nothing in this Section precludes the State from 
filing a motion for
transfer under Section 5-805.

(Source: P.A. 99-258, eff. 1-1-16.)

 
    Section 10. The Unified Code of Corrections is amended  by 
changing Section 5-4.5-105 as follows:
 
    (730 ILCS 5/5-4.5-105)
    Sec. 5-4.5-105. SENTENCING OF INDIVIDUALS UNDER THE AGE OF 
18 AT THE TIME OF THE COMMISSION OF AN OFFENSE.
    (a) On or after the effective date of this amendatory Act 
of the 99th General Assembly, when a person commits an offense 
and the person is under 18 years of age at the time of the 
commission of the offense, the court, at the sentencing 
hearing conducted under Section 5-4-1, shall consider the 
following additional factors in mitigation in determining the 
appropriate sentence:
        (1) the person's age, impetuosity, and level of 
    maturity at the time of the offense, including the ability 
    to consider risks and consequences of behavior, and the 
    presence of cognitive or developmental disability, or 
    both, if any;
        (2) whether the person was subjected to outside 
    pressure, including peer pressure, familial pressure, or 
    negative influences;
        (3) the person's family, home environment, educational 
    and social background, including any history of parental 
    neglect, domestic or sexual violence, sexual exploitation, 
    physical abuse, or other childhood trauma including 
    adverse childhood experiences (or ACEs);
        (4) the person's potential for rehabilitation or 
    evidence of rehabilitation, or both;
        (5) the circumstances of the offense;
        (6) the person's degree of participation and specific 
    role in the offense, including the level of planning by 
    the defendant before the offense;
        (7) whether the person was able to meaningfully 
    participate in his or her defense;
        (8) the person's prior juvenile or criminal history; 
    and
        (9)   the person's involvement in the child welfare 
    system;
        (10)   involvement of the person in the community;
        (11)    if a comprehensive mental health evaluation of 
    the person was conducted by a qualified mental health 
    professional, the outcome of the evaluation; and 
        12 (9) any other information the court finds relevant 
    and reliable, including an expression of remorse, if 
    appropriate. However, if the person, on advice of counsel 
    chooses not to make a statement, the court shall not 
    consider a lack of an expression of remorse as an 
    aggravating factor.
    (b)   The trial judge shall specify on the record its 
consideration of the factors under subsection (a) of this 
Section.
    (c)    Notwithstanding any other provision of law, if the 
court determines by clear and convincing evidence that the 
individual against whom the person is convicted of committing 
the offense previously committed a crime under Section 10-9, 
Section 11-1.20, Section 11-1.30, Section 11-1.40, Section 
11-1.50, Section 11-1.60, Section 11-6, Section 11-6.5, 
Section 11-6.6, Section 11-9.1, Section 11-14.3, Section 
11-14.4 or Section 11-18.1 under Criminal Code of 2012 against 
the person within 3 years before the offense in which the 
person was convicted, the court may, in its discretion:
        (1)    transfer the person to juvenile court for 
    sentencing under Section 5-710 of the Juvenile Court Act 
    of 1987;
        (2)  depart from any mandatory minimum sentence, 
    maximum sentence, or sentencing enhancement; or
        (3)  suspend any portion of an otherwise applicable 
    sentence.
    (d)    Subsection (c) shall be construed as prioritizing the 
successful treatment and rehabilitation of persons under 18 
years of age who are sex crime victims who commit acts of 
violence against their abusers. It is the General Assembly's 
intent that these persons be viewed as victims and provided 
treatment and services in the community, juvenile or family 
court system. 
    (e) (b) Except as provided in subsection (f) (c), the 
court may sentence the defendant to any disposition authorized 
for the class of the offense of which he or she was found 
guilty as described in Article 4.5 of this Code, and may, in 
its discretion, decline to impose any otherwise applicable 
sentencing enhancement based upon firearm possession, 
possession with personal discharge, or possession with 
personal discharge that proximately causes great bodily harm, 
permanent disability, permanent disfigurement, or death to 
another person.
    (f) (c) Notwithstanding any other provision of law, if the 
defendant is convicted of first degree murder and would 
otherwise be subject to sentencing under clause (iii), (iv), 
(v), or (vii) of subparagraph (c) of paragraph (1) of  
subsection (a) of Section 5-8-1 of this Code based on the 
category of persons identified therein, the court shall impose 
a sentence of not less than 40 years of imprisonment, except 
for persons convicted of first degree murder where subsection 
(c) applies. In addition, the court may, in its discretion, 
decline to impose the sentencing enhancements based upon the 
possession or use of a firearm during the commission of the 
offense included in subsection (d) of Section 5-8-1. 

(Source: P.A. 99-69, eff. 1-1-16; 99-258, eff. 1-1-16; 99-875, 
eff. 1-1-17.)