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91_HB4626
LRB9113089TAks
1 AN ACT concerning crime.
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 Sections 5-130 and 5-805 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
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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
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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) (a) The definition of a delinquent minor under
19 Section 5-120 of this Article shall not apply to any minor
20 who at the time of the offense was at least 15 years of age
21 and who is charged with an offense under Section 401 of the
22 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
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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
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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 Section 20-3 or
30 paragraph (1), (3), (4), (7), (9) or (10) of subsection (a)
31 of Section 24-1 of the Criminal Code of 1961 while in a
32 school, regardless of the time of day or the time of year, or
33 on the real property comprising a any school, within 1,000
34 feet of the real property comprising a school, at a school
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1 related activity, or on, boarding, or departing from any
2 conveyance owned, leased, or contracted by a school or school
3 district to transport students to or from school or a school
4 related activity, regardless of the time of day or the time
5 of year. School is defined, for purposes of this Section, as
6 any public or private day care center, nursery school,
7 kindergarten, camp, day camp, elementary or secondary school,
8 community college, college, or university. "School related
9 activity" means any sporting, social, academic, or other
10 activity for which students' attendance or participation is
11 sponsored, organized, or funded in whole or in part by a
12 school or school district. These charges and all other
13 charges arising out of the same incident shall be prosecuted
14 under the criminal laws of this State.
15 (b) (i) If before trial or plea an information or
16 indictment is filed that does not charge an offense specified
17 in paragraph (a) of this subsection (3) the State's Attorney
18 may proceed on any lesser charge or charges, but only in
19 Juvenile Court under the provisions of this Article. The
20 State's Attorney may proceed under the criminal laws of this
21 State on a lesser charge if before trial the minor defendant
22 knowingly and with advice of counsel waives, in writing, his
23 or her right to have the matter proceed in Juvenile Court.
24 (ii) If before trial or plea an information or
25 indictment is filed that includes one or more charges
26 specified in paragraph (a) of this subsection (3) and
27 additional charges that are not specified in that paragraph,
28 all of the charges arising out of the same incident shall be
29 prosecuted under the criminal laws of this State.
30 (c) (i) If after trial or plea the minor is convicted of
31 any offense covered by paragraph (a) of this subsection (3),
32 then, in sentencing the minor, the court shall have available
33 any or all dispositions prescribed for that offense under
34 Chapter V of the Unified Code of Corrections.
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1 (ii) If after trial or plea the court finds that the
2 minor committed an offense not covered by paragraph (a) of
3 this subsection (3), that finding shall not invalidate the
4 verdict or the prosecution of the minor under the criminal
5 laws of the State; however, unless the State requests a
6 hearing for the purpose of sentencing the minor under Chapter
7 V of the Unified Code of Corrections, the Court must proceed
8 under Sections 5-705 and 5-710 of this Article. To request a
9 hearing, the State must file a written motion within 10 days
10 following the entry of a finding or the return of a verdict.
11 Reasonable notice of the motion shall be given to the minor
12 or his or her counsel. If the motion is made by the State,
13 the court shall conduct a hearing to determine if the minor
14 should be sentenced under Chapter V of the Unified Code of
15 Corrections. In making its determination, the court shall
16 consider among other matters: (a) whether there is evidence
17 that the offense was committed in an aggressive and
18 premeditated manner; (b) the age of the minor; (c) the
19 previous history of the minor; (d) whether there are
20 facilities particularly available to the Juvenile Court or
21 the Department of Corrections, Juvenile Division, for the
22 treatment and rehabilitation of the minor; (e) whether the
23 security of the public requires sentencing under Chapter V of
24 the Unified Code of Corrections; and (f) whether the minor
25 possessed a deadly weapon when committing the offense. The
26 rules of evidence shall be the same as if at trial. If after
27 the hearing the court finds that the minor should be
28 sentenced under Chapter V of the Unified Code of Corrections,
29 then the court shall sentence the minor accordingly having
30 available to it any or all dispositions so prescribed.
31 (4) (a) The definition of delinquent minor under Section
32 5-120 of this Article shall not apply to any minor who at the
33 time of an offense was at least 13 years of age and who is
34 charged with first degree murder committed during the course
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1 of either aggravated criminal sexual assault, criminal sexual
2 assault, or aggravated kidnaping. However, this subsection
3 (4) does not include a minor charged with first degree murder
4 based exclusively upon the accountability provisions of the
5 Criminal Code of 1961.
6 (b) (i) If before trial or plea an information or
7 indictment is filed that does not charge first degree murder
8 committed during the course of aggravated criminal sexual
9 assault, criminal sexual assault, or aggravated kidnaping,
10 the State's Attorney may proceed on any lesser charge or
11 charges, but only in Juvenile Court under the provisions of
12 this Article. The State's Attorney may proceed under the
13 criminal laws of this State on a lesser charge if before
14 trial the minor defendant knowingly and with advice of
15 counsel waives, in writing, his or her right to have the
16 matter proceed in Juvenile Court.
17 (ii) If before trial or plea an information or
18 indictment is filed that includes first degree murder
19 committed during the course of aggravated criminal sexual
20 assault, criminal sexual assault, or aggravated kidnaping,
21 and additional charges that are not specified in paragraph
22 (a) of this subsection, all of the charges arising out of the
23 same incident shall be prosecuted under the criminal laws of
24 this State.
25 (c) (i) If after trial or plea the minor is convicted of
26 first degree murder committed during the course of aggravated
27 criminal sexual assault, criminal sexual assault, or
28 aggravated kidnaping, in sentencing the minor, the court
29 shall have available any or all dispositions prescribed for
30 that offense under Chapter V of the Unified Code of
31 Corrections.
32 (ii) If the minor was not yet 15 years of age at the
33 time of the offense, and if after trial or plea the court
34 finds that the minor committed an offense other than first
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1 degree murder committed during the course of either
2 aggravated criminal sexual assault, criminal sexual assault,
3 or aggravated kidnapping, the finding shall not invalidate
4 the verdict or the prosecution of the minor under the
5 criminal laws of the State; however, unless the State
6 requests a hearing for the purpose of sentencing the minor
7 under Chapter V of the Unified Code of Corrections, the Court
8 must proceed under Sections 5-705 and 5-710 of this Article.
9 To request a hearing, the State must file a written motion
10 within 10 days following the entry of a finding or the return
11 of a verdict. Reasonable notice of the motion shall be given
12 to the minor or his or her counsel. If the motion is made by
13 the State, the court shall conduct a hearing to determine
14 whether the minor should be sentenced under Chapter V of the
15 Unified Code of Corrections. In making its determination,
16 the court shall consider among other matters: (a) whether
17 there is evidence that the offense was committed in an
18 aggressive and premeditated manner; (b) the age of the
19 minor; (c) the previous delinquent history of the minor;
20 (d) whether there are facilities particularly available to
21 the Juvenile Court or the Department of Corrections, Juvenile
22 Division, for the treatment and rehabilitation of the minor;
23 (e) whether the best interest of the minor and the security
24 of the public require sentencing under Chapter V of the
25 Unified Code of Corrections; and (f) whether the minor
26 possessed a deadly weapon when committing the offense. The
27 rules of evidence shall be the same as if at trial. If after
28 the hearing the court finds that the minor should be
29 sentenced under Chapter V of the Unified Code of Corrections,
30 then the court shall sentence the minor accordingly having
31 available to it any or all dispositions so prescribed.
32 (5) (a) The definition of delinquent minor under Section
33 5-120 of this Article shall not apply to any minor who is
34 charged with a violation of subsection (a) of Section 31-6 or
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1 Section 32-10 of the Criminal Code of 1961 when the minor is
2 subject to prosecution under the criminal laws of this State
3 as a result of the application of the provisions of Section
4 5-125, or subsection (1) or (2) of this Section. These
5 charges and all other charges arising out of the same
6 incident shall be prosecuted under the criminal laws of this
7 State.
8 (b) (i) If before trial or plea an information or
9 indictment is filed that does not charge an offense specified
10 in paragraph (a) of this subsection (5), the State's Attorney
11 may proceed on any lesser charge or charges, but only in
12 Juvenile Court under the provisions of this Article. The
13 State's Attorney may proceed under the criminal laws of this
14 State on a lesser charge if before trial the minor defendant
15 knowingly and with advice of counsel waives, in writing, his
16 or her right to have the matter proceed in Juvenile Court.
17 (ii) If before trial or plea an information or
18 indictment is filed that includes one or more charges
19 specified in paragraph (a) of this subsection (5) and
20 additional charges that are not specified in that paragraph,
21 all of the charges arising out of the same incident shall be
22 prosecuted under the criminal laws of this State.
23 (c) (i) If after trial or plea the minor is convicted of
24 any offense covered by paragraph (a) of this subsection (5),
25 then, in sentencing the minor, the court shall have available
26 any or all dispositions prescribed for that offense under
27 Chapter V of the Unified Code of Corrections.
28 (ii) If after trial or plea the court finds that the
29 minor committed an offense not covered by paragraph (a) of
30 this subsection (5), the conviction shall not invalidate the
31 verdict or the prosecution of the minor under the criminal
32 laws of this State; however, unless the State requests a
33 hearing for the purpose of sentencing the minor under Chapter
34 V of the Unified Code of Corrections, the Court must proceed
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1 under Sections 5-705 and 5-710 of this Article. To request a
2 hearing, the State must file a written motion within 10 days
3 following the entry of a finding or the return of a verdict.
4 Reasonable notice of the motion shall be given to the minor
5 or his or her counsel. If the motion is made by the State,
6 the court shall conduct a hearing to determine if whether the
7 minor should be sentenced under Chapter V of the Unified Code
8 of Corrections. In making its determination, the court shall
9 consider among other matters: (a) whether there is evidence
10 that the offense was committed in an aggressive and
11 premeditated manner; (b) the age of the minor; (c) the
12 previous delinquent history of the minor; (d) whether there
13 are facilities particularly available to the Juvenile Court
14 or the Department of Corrections, Juvenile Division, for the
15 treatment and rehabilitation of the minor; (e) whether the
16 security of the public requires sentencing under Chapter V of
17 the Unified Code of Corrections; and (f) whether the minor
18 possessed a deadly weapon when committing the offense. The
19 rules of evidence shall be the same as if at trial. If after
20 the hearing the court finds that the minor should be
21 sentenced under Chapter V of the Unified Code of Corrections,
22 then the court shall sentence the minor accordingly having
23 available to it any or all dispositions so prescribed.
24 (6) The definition of delinquent minor under Section
25 5-120 of this Article shall not apply to any minor who,
26 pursuant to subsection (1), (2), or (3) or Section 5-805, or
27 5-810, has previously been placed under the jurisdiction of
28 the criminal court and has been convicted of a crime under an
29 adult criminal or penal statute. Such a minor shall be
30 subject to prosecution under the criminal laws of this State.
31 (7) The procedures set out in this Article for the
32 investigation, arrest and prosecution of juvenile offenders
33 shall not apply to minors who are excluded from jurisdiction
34 of the Juvenile Court, except that minors under 17 years of
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1 age shall be kept separate from confined adults.
2 (8) Nothing in this Act prohibits or limits the
3 prosecution of any minor for an offense committed on or after
4 his or her 17th birthday even though he or she is at the time
5 of the offense a ward of the court.
6 (9) If an original petition for adjudication of wardship
7 alleges the commission by a minor 13 years of age or over of
8 an act that constitutes a crime under the laws of this State,
9 the minor, with the consent of his or her counsel, may, at
10 any time before commencement of the adjudicatory hearing,
11 file with the court a motion that criminal prosecution be
12 ordered and that the petition be dismissed insofar as the act
13 or acts involved in the criminal proceedings are concerned.
14 If such a motion is filed as herein provided, the court shall
15 enter its order accordingly.
16 (Source: P.A. 90-590, eff. 1-1-99; 91-15, eff. 1-1-00;
17 91-673, eff. 12-22-99; revised 1-7-00.)
18 (705 ILCS 405/5-805)
19 Sec. 5-805. Transfer of jurisdiction.
20 (1) Mandatory transfers.
21 (a) If a petition alleges commission by a minor 15
22 years of age or older of an act that constitutes a
23 forcible felony under the laws of this State, and if a
24 motion by the State's Attorney to prosecute the minor
25 under the criminal laws of Illinois for the alleged
26 forcible felony alleges that (i) the minor has previously
27 been adjudicated delinquent or found guilty for
28 commission of an act that constitutes a felony under the
29 laws of this State or any other state and (ii) the act
30 that constitutes the offense was committed in furtherance
31 of criminal activity by an organized gang, the Juvenile
32 Judge assigned to hear and determine those motions shall,
33 upon determining that there is probable cause that both
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1 allegations are true, enter an order permitting
2 prosecution under the criminal laws of Illinois.
3 (b) If a petition alleges commission by a minor 15
4 years of age or older of an act that constitutes a felony
5 under the laws of this State, and if a motion by a
6 State's Attorney to prosecute the minor under the
7 criminal laws of Illinois for the alleged felony alleges
8 that (i) the minor has previously been adjudicated
9 delinquent or found guilty for commission of an act that
10 constitutes a forcible felony under the laws of this
11 State or any other state and (ii) the act that
12 constitutes the offense was committed in furtherance of
13 criminal activities by an organized gang, the Juvenile
14 Judge assigned to hear and determine those motions shall,
15 upon determining that there is probable cause that both
16 allegations are true, enter an order permitting
17 prosecution under the criminal laws of Illinois.
18 (c) If a petition alleges commission by a minor 15
19 years of age or older of: (i) an act that constitutes an
20 offense enumerated in the presumptive transfer provisions
21 of subsection (2); and (ii) the minor has previously been
22 adjudicated delinquent or found guilty of a forcible
23 felony, the Juvenile Judge designated to hear and
24 determine those motions shall, upon determining that
25 there is probable cause that both allegations are true,
26 enter an order permitting prosecution under the criminal
27 laws of Illinois.
28 (d) If a petition alleges commission by a minor 15
29 years of age or older of an act that constitutes the
30 offense of aggravated discharge of a firearm committed in
31 a school, on the real property comprising a school,
32 within 1,000 feet of the real property comprising a
33 school, at a school related activity, or on, boarding, or
34 departing from any conveyance owned, leased, or
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1 contracted by a school or school district to transport
2 students to or from school or a school related activity,
3 regardless of the time of day or the time of year, the
4 juvenile judge designated to hear and determine those
5 motions shall, upon determining that there is probable
6 cause that the allegations are true, enter an order
7 permitting prosecution under the criminal laws of
8 Illinois.
9 For purposes of this paragraph (d) of subsection
10 (1):
11 "School" means a public or private elementary or
12 secondary school, community college, college, or
13 university.
14 "School related activity" means any sporting,
15 social, academic, or other activity for which students'
16 attendance or participation is sponsored, organized, or
17 funded in whole or in part by a school or school
18 district.
19 (e) If a petition alleges commission by a minor 15
20 years of age or older of an act that constitutes a
21 violation of the provisions of paragraph (1), (3), (5),
22 or (6) of subsection (a) of Section 24-1 of the Criminal
23 Code of 1961 while in a school, on the real property
24 comprising a school, within 1,000 feet of the real
25 property comprising a school, at a school related
26 activity, or on, boarding, or departing from any
27 conveyance owned, leased, or contracted by a school or
28 school district to transport students to or from school
29 or a school related activity, regardless of the time of
30 day or the time of year, the juvenile judge designated to
31 hear and determine those matters shall, upon determining
32 that there is probable cause that the allegations are
33 true, enter an order permitting prosecution under the
34 criminal laws of Illinois.
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1 For purposes of paragraphs (d) and (e) of subsection
2 (1):
3 "School" means a public or private day care center,
4 nursery school, kindergarten, camp, day camp, elementary
5 or secondary school, community college, college, or
6 university.
7 "School related activity" means any sporting,
8 social, academic, or other activity for which students'
9 attendance or participation is sponsored, organized, or
10 funded in whole or in part by a school or school
11 district.
12 (2) Presumptive transfer.
13 (a) If the State's Attorney files a petition, at
14 any time prior to commencement of the minor's trial, to
15 permit prosecution under the criminal laws and the
16 petition alleges the commission by a minor 15 years of
17 age or older of: (i) a Class X felony other than armed
18 violence; (ii) aggravated discharge of a firearm; (iii)
19 armed violence with a firearm when the predicate offense
20 is a Class 1 or Class 2 felony and the State's Attorney's
21 motion to transfer the case alleges that the offense
22 committed is in furtherance of the criminal activities of
23 an organized gang; (iv) armed violence with a firearm
24 when the predicate offense is a violation of the Illinois
25 Controlled Substances Act or a violation of the Cannabis
26 Control Act; (v) armed violence when the weapon involved
27 was a machine gun or other weapon described in subsection
28 (a)(7) of Section 24-1 of the Criminal Code of 1961, and,
29 if the juvenile judge assigned to hear and determine
30 motions to transfer a case for prosecution in the
31 criminal court determines that there is probable cause to
32 believe that the allegations in the petition and motion
33 are true, there is a rebuttable presumption that the
34 minor is not a fit and proper subject to be dealt with
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1 under the Juvenile Justice Reform Provisions of 1998
2 (Public Act 90-590), and that, except as provided in
3 paragraph (b), the case should be transferred to the
4 criminal court.
5 (b) The judge shall enter an order permitting
6 prosecution under the criminal laws of Illinois unless
7 the judge makes a finding based on clear and convincing
8 evidence that the minor would be amenable to the care,
9 treatment, and training programs available through the
10 facilities of the juvenile court based on an evaluation
11 of the following:
12 (i) The seriousness of the alleged offense;
13 (ii) The minor's history of delinquency;
14 (iii) The age of the minor;
15 (iv) The culpability of the minor in committing
16 the alleged offense;
17 (v) Whether the offense was committed in an
18 aggressive or premeditated manner;
19 (vi) Whether the minor used or possessed a deadly
20 weapon when committing the alleged offense;
21 (vii) The minor's history of services, including
22 the minor's willingness to participate meaningfully in
23 available services;
24 (viii) Whether there is a reasonable likelihood that
25 the minor can be rehabilitated before the expiration of
26 the juvenile court's jurisdiction;
27 (ix) The adequacy of the punishment or services
28 available in the juvenile justice system.
29 In considering these factors, the court shall give
30 greater weight to the seriousness of the alleged offense and
31 the minor's prior record of delinquency than to the other
32 factors listed in this subsection.
33 (3) Discretionary transfer.
34 (a) If a petition alleges commission by a minor 13
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1 years of age or over of an act that constitutes a crime
2 under the laws of this State and, on motion of the
3 State's Attorney to permit prosecution of the minor under
4 the criminal laws, a Juvenile Judge assigned by the Chief
5 Judge of the Circuit to hear and determine those motions,
6 after hearing but before commencement of the trial, finds
7 that there is probable cause to believe that the
8 allegations in the motion are true and that it is not in
9 the best interests of the public to proceed under this
10 Act, the court may enter an order permitting prosecution
11 under the criminal laws.
12 (b) In making its determination on the motion to
13 permit prosecution under the criminal laws, the court
14 shall consider among other matters:
15 (i) The seriousness of the alleged offense;
16 (ii) The minor's history of delinquency;
17 (iii) The age of the minor;
18 (iv) The culpability of the minor in committing the
19 alleged offense;
20 (v) Whether the offense was committed in an
21 aggressive or premeditated manner;
22 (vi) Whether the minor used or possessed a deadly
23 weapon when committing the alleged offense;
24 (vii) The minor's history of services, including
25 the minor's willingness to participate meaningfully in
26 available services;
27 (viii) The adequacy of the punishment or services
28 available in the juvenile justice system.
29 In considering these factors, the court shall give
30 greater weight to the seriousness of the alleged offense and
31 the minor's prior record of delinquency than to the other
32 factors listed in this subsection.
33 (4) The rules of evidence for this hearing shall be the
34 same as under Section 5-705 of this Act. A minor must be
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1 represented in court by counsel before the hearing may be
2 commenced.
3 (5) If criminal proceedings are instituted, the petition
4 for adjudication of wardship shall be dismissed insofar as
5 the act or acts involved in the criminal proceedings. Taking
6 of evidence in a trial on petition for adjudication of
7 wardship is a bar to criminal proceedings based upon the
8 conduct alleged in the petition.
9 (Source: P.A. 90-590, eff. 1-1-99; 91-15, eff. 1-1-00;
10 91-357, eff. 7-29-99.)
11 Section 10. The Criminal Code of 1961 is amended by
12 adding Section 20-3 and by changing Sections 24-1 and 25-1.1
13 as follows:
14 (720 ILCS 5/20-3 new)
15 Sec. 20-3. Aggravated possession of explosives or
16 explosive or incendiary devices.
17 (a) A person commits the offense of aggravated
18 possession of explosives or explosive or incendiary devices
19 in violation of this Section when that person possesses,
20 manufactures, or transports any explosive compound or timing
21 or detonating device for use with any explosive compound or
22 incendiary device and either intends to use that explosive or
23 device to commit any offense, or knows that another intends
24 to use that explosive or device to commit a felony, while in
25 a school, on the real property comprising a school, within
26 1,000 feet of the real property comprising a school, at a
27 school related activity, or on, boarding, or departing from
28 any conveyance owned, leased, or contracted by a school or
29 school district to transport students to or from school or a
30 school related activity, regardless of the time of day or the
31 time of year.
32 For purposes of this Section:
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1 "School" means a public or private day care center,
2 nursery school, kindergarten, camp, day camp, elementary or
3 secondary school, community college, college, or university.
4 "School related activity" means any sporting, social,
5 academic, or other activity for which students' attendance or
6 participation is sponsored, organized, or funded in whole or
7 in part by a school or school district.
8 (b) Sentence. Aggravated possession of explosives or
9 explosive or incendiary devices in violation of this Section
10 is a Class X felony for which a person shall be sentenced to
11 a term of imprisonment of not less than 10 years nor more
12 than 60 years.
13 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
14 Sec. 24-1. Unlawful Use of Weapons.
15 (a) A person commits the offense of unlawful use of
16 weapons when he knowingly:
17 (1) Sells, manufactures, purchases, possesses or
18 carries any bludgeon, black-jack, slung-shot, sand-club,
19 sand-bag, metal knuckles, throwing star, or any knife,
20 commonly referred to as a switchblade knife, which has a
21 blade that opens automatically by hand pressure applied
22 to a button, spring or other device in the handle of the
23 knife, or a ballistic knife, which is a device that
24 propels a knifelike blade as a projectile by means of a
25 coil spring, elastic material or compressed gas; or
26 (2) Carries or possesses with intent to use the
27 same unlawfully against another, a dagger, dirk, billy,
28 dangerous knife, razor, stiletto, broken bottle or other
29 piece of glass, stun gun or taser or any other dangerous
30 or deadly weapon or instrument of like character; or
31 (3) Carries on or about his person or in any
32 vehicle, a tear gas gun projector or bomb or any object
33 containing noxious liquid gas or substance, other than an
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1 object containing a non-lethal noxious liquid gas or
2 substance designed solely for personal defense carried by
3 a person 18 years of age or older; or
4 (4) Carries or possesses in any vehicle or
5 concealed on or about his person except when on his land
6 or in his own abode or fixed place of business any
7 pistol, revolver, stun gun or taser or other firearm; or
8 (5) Sets a spring gun; or
9 (6) Possesses any device or attachment of any kind
10 designed, used or intended for use in silencing the
11 report of any firearm; or
12 (7) Sells, manufactures, purchases, possesses or
13 carries:
14 (i) a machine gun, which shall be defined for
15 the purposes of this subsection as any weapon, which
16 shoots, is designed to shoot, or can be readily
17 restored to shoot, automatically more than one shot
18 without manually reloading by a single function of
19 the trigger, including the frame or receiver of any
20 such weapon, or sells, manufactures, purchases,
21 possesses, or carries any combination of parts
22 designed or intended for use in converting any
23 weapon into a machine gun, or any combination or
24 parts from which a machine gun can be assembled if
25 such parts are in the possession or under the
26 control of a person;
27 (ii) any rifle having one or more barrels less
28 than 16 inches in length or a shotgun having one or
29 more barrels less than 18 inches in length or any
30 weapon made from a rifle or shotgun, whether by
31 alteration, modification, or otherwise, if such a
32 weapon as modified has an overall length of less
33 than 26 inches; or
34 (iii) any bomb, bomb-shell, grenade, bottle or
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1 other container containing an explosive substance of
2 over one-quarter ounce for like purposes, such as,
3 but not limited to, black powder bombs and Molotov
4 cocktails or artillery projectiles; or
5 (8) Carries or possesses any firearm, stun gun or
6 taser or other deadly weapon in any place which is
7 licensed to sell intoxicating beverages, or at any public
8 gathering held pursuant to a license issued by any
9 governmental body or any public gathering at which an
10 admission is charged, excluding a place where a showing,
11 demonstration or lecture involving the exhibition of
12 unloaded firearms is conducted; or
13 (9) Carries or possesses in a vehicle or on or
14 about his person any pistol, revolver, stun gun or taser
15 or firearm or ballistic knife, when he is hooded, robed
16 or masked in such manner as to conceal his identity; or
17 (10) Carries or possesses on or about his person,
18 upon any public street, alley, or other public lands
19 within the corporate limits of a city, village or
20 incorporated town, except when an invitee thereon or
21 therein, for the purpose of the display of such weapon or
22 the lawful commerce in weapons, or except when on his
23 land or in his own abode or fixed place of business, any
24 pistol, revolver, stun gun or taser or other firearm.
25 A "stun gun or taser", as used in this paragraph (a)
26 means (i) any device which is powered by electrical
27 charging units, such as, batteries, and which fires one
28 or several barbs attached to a length of wire and which,
29 upon hitting a human, can send out a current capable of
30 disrupting the person's nervous system in such a manner
31 as to render him incapable of normal functioning or (ii)
32 any device which is powered by electrical charging units,
33 such as batteries, and which, upon contact with a human
34 or clothing worn by a human, can send out current capable
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1 of disrupting the person's nervous system in such a
2 manner as to render him incapable of normal functioning;
3 or
4 (11) Sells, manufactures or purchases any explosive
5 bullet. For purposes of this paragraph (a) "explosive
6 bullet" means the projectile portion of an ammunition
7 cartridge which contains or carries an explosive charge
8 which will explode upon contact with the flesh of a human
9 or an animal. "Cartridge" means a tubular metal case
10 having a projectile affixed at the front thereof and a
11 cap or primer at the rear end thereof, with the
12 propellant contained in such tube between the projectile
13 and the cap; or
14 (12) (Blank).
15 (b) Sentence. A person convicted of a violation of
16 subsection 24-1(a)(1) through (3), subsection 24-1(a)(5),
17 subsection 24-1(a)(8), or subsection 24-1(a)(11) commits a
18 Class A misdemeanor. A person convicted of a violation of
19 subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) commits a
20 Class 4 felony; a person convicted of a violation of
21 subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a
22 Class 3 felony. A person convicted of a violation of
23 subsection 24-1(a)(7)(i) commits a Class 2 felony, unless the
24 weapon is possessed in the passenger compartment of a motor
25 vehicle as defined in Section 1-146 of the Illinois Vehicle
26 Code, or on the person, while the weapon is loaded, in which
27 case it shall be a Class X felony. A person convicted of a
28 second or subsequent violation of subsection 24-1(a)(4),
29 24-1(a)(9), or 24-1(a)(10) commits a Class 3 felony.
30 (c) Violations in specific places.
31 (0.5) A person who violates subsection 24-1(a)(7)
32 in any school, regardless of the time of day or the time
33 of year, on the real property comprising any school,
34 regardless of the time of day or the time of year, on,
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1 boarding, or departing from any conveyance owned, leased,
2 or contracted by a school to transport students to or
3 from school or a school related activity, regardless of
4 the time of day or the time of year, or on any public way
5 within 1,000 feet of the real property comprising any
6 school, regardless of the time of day or the time of
7 year, commits a Class X felony.
8 (1) A person who violates subsection 24-1(a)(6) or
9 24-1(a)(7) in any school, regardless of the time of day
10 or the time of year, in residential property owned,
11 operated or managed by a public housing agency or leased
12 by a public housing agency as part of a scattered site or
13 mixed-income development, in a public park, in a
14 courthouse, on the real property comprising any school,
15 regardless of the time of day or the time of year, on
16 residential property owned, operated or managed by a
17 public housing agency or leased by a public housing
18 agency as part of a scattered site or mixed-income
19 development, on the real property comprising any public
20 park, on the real property comprising any courthouse, in
21 any conveyance owned, leased or contracted by a school to
22 transport students to or from school or a school related
23 activity, or on any public way within 1,000 feet of the
24 real property comprising any school, public park,
25 courthouse, or residential property owned, operated, or
26 managed by a public housing agency or leased by a public
27 housing agency as part of a scattered site or
28 mixed-income development commits a Class 2 felony.
29 (1.5) A person who violates subsection 24-1(a)(4),
30 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
31 the time of day or the time of year, in residential
32 property owned, operated, or managed by a public housing
33 agency or leased by a public housing agency as part of a
34 scattered site or mixed-income development, in a public
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1 park, in a courthouse, on the real property comprising
2 any school, regardless of the time of day or the time of
3 year, on residential property owned, operated, or managed
4 by a public housing agency or leased by a public housing
5 agency as part of a scattered site or mixed-income
6 development, on the real property comprising any public
7 park, on the real property comprising any courthouse, on,
8 boarding or departing from in any conveyance owned,
9 leased, or contracted by a school to transport students
10 to or from school or a school related activity,
11 regardless of the time of day or the time of year, on any
12 public way within 1,000 feet of the real property
13 comprising any school, regardless of the time of day or
14 the time of year, or on any public way within 1,000 feet
15 of the real property comprising any school, public park,
16 courthouse, or residential property owned, operated, or
17 managed by a public housing agency or leased by a public
18 housing agency as part of a scattered site or
19 mixed-income development commits a Class 2 Class 3
20 felony.
21 (1.7) A person who violates subsection 24-1(a)(6)
22 in any school, regardless of the time of day or the time
23 of year, in residential property owned, operated, and
24 managed by a public housing agency or leased by a public
25 housing agency as part of a scattered site or
26 mixed-income development, in a public park, in a
27 courthouse, on the real property comprising any school,
28 regardless of the time of day or the time of year, on
29 residential property owned, operated, or managed by a
30 public housing agency or leased by a public housing
31 agency as part of a scattered site or mixed-income
32 development, on the real property comprising any public
33 park, on the real property comprising any courthouse, on,
34 boarding or departing from any conveyance owned, leased,
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1 or contracted by a school to transport students to or
2 from school or a school related activity, regardless of
3 the time of day or the time of year, on any public way
4 within 1,000 feet of the real property comprising any
5 school, regardless of the time of day or the time of
6 year, or on any public way within 1,000 feet of the real
7 property comprising any public park, courthouse, or
8 residential property owned, operated, or managed by a
9 public housing agency or leased by a public housing
10 agency as part of a scattered site or mixed income
11 development commits a Class 3 felony.
12 (2) A person who violates subsection 24-1(a)(1),
13 24-1(a)(2), or 24-1(a)(3) in any school, regardless of
14 the time of day or the time of year, in residential
15 property owned, operated or managed by a public housing
16 agency or leased by a public housing agency as part of a
17 scattered site or mixed-income development, in a public
18 park, in a courthouse, on the real property comprising
19 any school, regardless of the time of day or the time of
20 year, on residential property owned, operated or managed
21 by a public housing agency or leased by a public housing
22 agency as part of a scattered site or mixed-income
23 development, on the real property comprising any public
24 park, on the real property comprising any courthouse, on,
25 boarding or departing from in any conveyance owned,
26 leased or contracted by a school to transport students to
27 or from school or a school related activity, regardless
28 of the time of day or the time of year, on any public way
29 within 1,000 feet of the real property comprising any
30 school, regardless of the time of day or the time of
31 year, or on any public way within 1,000 feet of the real
32 property comprising any school, public park, courthouse,
33 or residential property owned, operated, or managed by a
34 public housing agency or leased by a public housing
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1 agency as part of a scattered site or mixed-income
2 development commits a Class 4 felony. "Courthouse" means
3 any building that is used by the Circuit, Appellate, or
4 Supreme Court of this State for the conduct of official
5 business.
6 (3) Paragraphs (1) through (5), (1.5), and (2) of
7 this subsection (c) shall not apply to law enforcement
8 officers or security officers of such school, college, or
9 university or to students carrying or possessing firearms
10 for use in training courses, parades, hunting, target
11 shooting on school ranges, or otherwise with the consent
12 of school authorities and which firearms are transported
13 unloaded enclosed in a suitable case, box, or
14 transportation package.
15 (4) For the purposes of this subsection (c):,
16 "School" means any public or private day care center,
17 nursery school, kindergarten, camp, day camp, elementary or
18 secondary school, community college, college, or university.
19 "School related activity" means any sporting, social,
20 academic, or other activity for which students' attendance or
21 participation is sponsored, organized, or funded in whole or
22 in part by a school or school district.
23 (d) The presence in an automobile other than a public
24 omnibus of any weapon, instrument or substance referred to in
25 subsection (a)(7) is prima facie evidence that it is in the
26 possession of, and is being carried by, all persons occupying
27 such automobile at the time such weapon, instrument or
28 substance is found, except under the following circumstances:
29 (i) if such weapon, instrument or instrumentality is found
30 upon the person of one of the occupants therein; or (ii) if
31 such weapon, instrument or substance is found in an
32 automobile operated for hire by a duly licensed driver in the
33 due, lawful and proper pursuit of his trade, then such
34 presumption shall not apply to the driver.
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1 (e) Exemptions. Crossbows, Common or Compound bows and
2 Underwater Spearguns are exempted from the definition of
3 ballistic knife as defined in paragraph (1) of subsection (a)
4 of this Section.
5 (Source: P.A. 90-686, eff. 1-1-99; 91-673, eff. 12-22-99.)
6 (720 ILCS 5/25-1.1)
7 Sec. 25-1.1. Unlawful contact with streetgang members.
8 (a) A person commits the offense of unlawful contact
9 with streetgang members when:
10 (1) he or she knowingly has direct or indirect
11 contact with a streetgang member as defined in Section 10
12 of the Illinois Streetgang Terrorism Omnibus Prevention
13 Act after having been sentenced to probation, conditional
14 discharge, or supervision for a criminal offense with a
15 condition of such sentence being to refrain from direct
16 or indirect contact with a streetgang member or members;
17 or
18 (2) he or she knowingly has direct or indirect
19 contact with a streetgang member as defined in Section 10
20 of the Illinois Streetgang Terrorism Omnibus Prevention
21 Act after having been released on bond for any criminal
22 offense with a condition of such bond being to refrain
23 from direct or indirect contact with a streetgang member
24 or members;.
25 (3) he or she knowingly has direct or indirect
26 contact with a street gang member as defined in Section
27 10 of the Illinois Street Gang Terrorism Omnibus
28 Prevention Act after having been ordered by a judge in
29 any non-criminal proceedings to refrain from direct or
30 indirect contact with a street gang member or members; or
31 (4) he or she knowingly has direct or indirect
32 contact with a street gang member as defined in Section
33 10 of the Illinois Street Gang Terrorism Omnibus
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1 Prevention Act after having been released from the
2 Illinois Department of Corrections on conditions of
3 parole or mandatory supervised release upon the condition
4 that he or she refrain from direct or indirect contact
5 with a street gang member or members.
6 (b) Unlawful contact with streetgang members is a Class
7 A misdemeanor.
8 (c) This Section does not apply to a person when the
9 only streetgang member or members he or she is with is a
10 family or household member or members as defined in paragraph
11 (3) of Section 112A-3 of the Code of Criminal Procedure of
12 1963 and the streetgang members are not engaged in any
13 streetgang related activity.
14 (Source: P.A. 90-795, eff. 8-14-98; 91-357, eff. 7-29-99.)
15 Section 15. The Cannabis Control Act is amended by
16 changing Section 7 as follows:
17 (720 ILCS 550/7) (from Ch. 56 1/2, par. 707)
18 Sec. 7. (a) Any person who is at least 18 years of age
19 who violates Section 5 of this Act by delivering cannabis to
20 a person under 18 years of age who is at least 3 years his
21 junior may be sentenced to imprisonment for a term up to
22 twice the maximum term otherwise authorized by Section 5.
23 (b) (Blank). Any person under 18 years of age who
24 violates Section 4 or 5 of this Act may be treated by the
25 court in accordance with the Juvenile Court Act of 1987.
26 (Source: P.A. 85-1209.)
27 Section 20. The Improper Supervision of Children Act is
28 amended by changing Section 1 as follows:
29 (720 ILCS 640/1) (from Ch. 23, par. 2369)
30 Sec. 1. Improper supervision; offense. Any parent, legal
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1 guardian, or other person commits improper supervision of a
2 child when he or she knowingly permits a child in his or her
3 custody or control under the age of 18 years to associate
4 with known thieves, burglars, felons, narcotic addicts,
5 street gang members as defined in Section 10 of the Illinois
6 Street Gang Terrorism Omnibus Prevention Act, or other
7 persons of ill repute, visit a place of prostitution, commit
8 a lewd act, commit an act tending to break the peace, or
9 violate a municipal curfew ordinance.
10 (Source: Laws 1961, p. 2454.)
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1 INDEX
2 Statutes amended in order of appearance
3 705 ILCS 405/5-130
4 705 ILCS 405/5-805
5 720 ILCS 5/20-3 new
6 720 ILCS 5/24-1 from Ch. 38, par. 24-1
7 720 ILCS 5/25-1.1
8 720 ILCS 550/7 from Ch. 56 1/2, par. 707
9 720 ILCS 640/1 from Ch. 23, par. 2369