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91_HB4626eng HB4626 Engrossed 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 HB4626 Engrossed -2- LRB9113089TAks 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 HB4626 Engrossed -3- LRB9113089TAks 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 HB4626 Engrossed -4- LRB9113089TAks 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 HB4626 Engrossed -5- LRB9113089TAks 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, or33 on the real property comprising aanyschool, within 1,000 34 feet of the real property comprising a school, at a school HB4626 Engrossed -6- LRB9113089TAks 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. HB4626 Engrossed -7- LRB9113089TAks 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 HB4626 Engrossed -8- LRB9113089TAks 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 HB4626 Engrossed -9- LRB9113089TAks 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 HB4626 Engrossed -10- LRB9113089TAks 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 HB4626 Engrossed -11- LRB9113089TAks 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 HB4626 Engrossed -12- LRB9113089TAks 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 HB4626 Engrossed -13- LRB9113089TAks 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 HB4626 Engrossed -14- LRB9113089TAks 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. 9For purposes of this paragraph (d) of subsection10(1):11"School" means a public or private elementary or12secondary school, community college, college, or13university.14"School related activity" means any sporting,15social, academic, or other activity for which students'16attendance or participation is sponsored, organized, or17funded in whole or in part by a school or school18district.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. HB4626 Engrossed -15- LRB9113089TAks 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 HB4626 Engrossed -16- LRB9113089TAks 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 HB4626 Engrossed -17- LRB9113089TAks 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 HB4626 Engrossed -18- LRB9113089TAks 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: HB4626 Engrossed -19- LRB9113089TAks 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 HB4626 Engrossed -20- LRB9113089TAks 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 HB4626 Engrossed -21- LRB9113089TAks 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 HB4626 Engrossed -22- LRB9113089TAks 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, HB4626 Engrossed -23- LRB9113089TAks 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 subsection24-1(a)(6) or9 24-1(a)(7)in any school, regardless of the time of day10or 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,15regardless 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,in21any conveyance owned, leased or contracted by a school to22transport students to or from school or a school related23activity,or on any public way within 1,000 feet of the 24 real property comprising anyschool,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 HB4626 Engrossed -24- LRB9113089TAks 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 frominany 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 anyschool,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 2Class 320 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, HB4626 Engrossed -25- LRB9113089TAks 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 frominany 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 anyschool,public park, courthouse, 33 or residential property owned, operated, or managed by a 34 public housing agency or leased by a public housing HB4626 Engrossed -26- LRB9113089TAks 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. HB4626 Engrossed -27- LRB9113089TAks 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; 17or18 (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 HB4626 Engrossed -28- LRB9113089TAks 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 who24violates Section 4 or 5 of this Act may be treated by the25court 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 HB4626 Engrossed -29- LRB9113089TAks 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.) HB4626 Engrossed -30- LRB9113089TAks 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