[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB0759
LRB9100804RCmb
1 AN ACT to amend the Juvenile Court Act of 1987 by
2 changing Sections 5-130 and 5-805.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Juvenile Court Act of 1987 is amended by
6 changing Sections 5-130 and 5-805 as follows:
7 (705 ILCS 405/5-130)
8 Sec. 5-130. Excluded jurisdiction.
9 (1) (a) The definition of delinquent minor under Section
10 5-120 of this Article shall not apply to any minor who at the
11 time of an offense was at least 15 years of age and who is
12 charged with first degree murder, aggravated criminal sexual
13 assault, aggravated battery with a firearm committed in a
14 school, on the real property comprising a school, within
15 1,000 feet of the real property comprising a school, at a
16 school related activity, or on or within 1,000 feet of any
17 conveyance owned, leased, or contracted by a school or school
18 district to transport students to or from school or a school
19 related activity regardless of the time of day or time of
20 year that the offense was committed, armed robbery when the
21 armed robbery was committed with a firearm, or aggravated
22 vehicular hijacking when the hijacking was committed with a
23 firearm.
24 These charges and all other charges arising out of the
25 same incident shall be prosecuted under the criminal laws of
26 this State.
27 For purposes of this paragraph (a) of subsection (l):
28 "School" means a public or private elementary or
29 secondary school, community college, college, or university.
30 "School related activity" means any sporting, social,
31 academic or other activity for which students' attendance or
-2- LRB9100804RCmb
1 participation is sponsored, organized, or funded in whole or
2 in part by a school or school district.
3 (b) (i) If before trial or plea an information or
4 indictment is filed that does not charge an offense specified
5 in paragraph (a) of this subsection (1) the State's Attorney
6 may proceed on any lesser charge or charges, but only in
7 Juvenile Court under the provisions of this Article. The
8 State's Attorney may proceed under the Criminal Code of 1961
9 on a lesser charge if before trial the minor defendant
10 knowingly and with advice of counsel waives, in writing, his
11 or her right to have the matter proceed in Juvenile Court.
12 (ii) If before trial or plea an information or
13 indictment is filed that includes one or more charges
14 specified in paragraph (a) of this subsection (1) and
15 additional charges that are not specified in that paragraph,
16 all of the charges arising out of the same incident shall be
17 prosecuted under the Criminal Code of 1961.
18 (c) (i) If after trial or plea the minor is convicted of
19 any offense covered by paragraph (a) of this subsection (1),
20 then, in sentencing the minor, the court shall have available
21 any or all dispositions prescribed for that offense under
22 Chapter V of the Unified Code of Corrections.
23 (ii) If after trial or plea the court finds that the
24 minor committed an offense not covered by paragraph (a) of
25 this subsection (1), that finding shall not invalidate the
26 verdict or the prosecution of the minor under the criminal
27 laws of the State; however, unless the State requests a
28 hearing for the purpose of sentencing the minor under Chapter
29 V of the Unified Code of Corrections, the Court must proceed
30 under Sections 5-705 and 5-710 of this Article. To request a
31 hearing, the State must file a written motion within 10 days
32 following the entry of a finding or the return of a verdict.
33 Reasonable notice of the motion shall be given to the minor
34 or his or her counsel. If the motion is made by the State,
-3- LRB9100804RCmb
1 the court shall conduct a hearing to determine if the minor
2 should be sentenced under Chapter V of the Unified Code of
3 Corrections. In making its determination, the court shall
4 consider among other matters: (a) whether there is evidence
5 that the offense was committed in an aggressive and
6 premeditated manner; (b) the age of the minor; (c) the
7 previous history of the minor; (d) whether there are
8 facilities particularly available to the Juvenile Court or
9 the Department of Corrections, Juvenile Division, for the
10 treatment and rehabilitation of the minor; (e) whether the
11 security of the public requires sentencing under Chapter V of
12 the Unified Code of Corrections; and (f) whether the minor
13 possessed a deadly weapon when committing the offense. The
14 rules of evidence shall be the same as if at trial. If after
15 the hearing the court finds that the minor should be
16 sentenced under Chapter V of the Unified Code of Corrections,
17 then the court shall sentence the minor accordingly having
18 available to it any or all dispositions so prescribed.
19 (2) (a) The definition of a delinquent minor under
20 Section 5-120 of this Article shall not apply to any minor
21 who at the time of the offense was at least 15 years of age
22 and who is charged with an offense under Section 401 of the
23 Illinois Controlled Substances Act, while in a school,
24 regardless of the time of day or the time of year, or any
25 conveyance owned, leased or contracted by a school to
26 transport students to or from school or a school related
27 activity, or residential property owned, operated and managed
28 by a public housing agency, on the real property comprising
29 any school, regardless of the time of day or the time of
30 year, or residential property owned, operated and managed by
31 a public housing agency, or on a public way within 1,000 feet
32 of the real property comprising any school, regardless of the
33 time of day or the time of year, or residential property
34 owned, operated and managed by a public housing agency.
-4- LRB9100804RCmb
1 School is defined, for the purposes of this Section, as any
2 public or private elementary or secondary school, community
3 college, college, or university. These charges and all other
4 charges arising out of the same incident shall be prosecuted
5 under the criminal laws of this State.
6 (b) (i) If before trial or plea an information or
7 indictment is filed that does not charge an offense specified
8 in paragraph (a) of this subsection (2) the State's Attorney
9 may proceed on any lesser charge or charges, but only in
10 Juvenile Court under the provisions of this Article. The
11 State's Attorney may proceed under the criminal laws of this
12 State on a lesser charge if before trial the minor defendant
13 knowingly and with advice of counsel waives, in writing, his
14 or her right to have the matter proceed in Juvenile Court.
15 (ii) If before trial or plea an information or
16 indictment is filed that includes one or more charges
17 specified in paragraph (a) of this subsection (2) and
18 additional charges that are not specified in that paragraph,
19 all of the charges arising out of the same incident shall be
20 prosecuted under the criminal laws of this State.
21 (c) (i) If after trial or plea the minor is convicted of
22 any offense covered by paragraph (a) of this subsection (2),
23 then, in sentencing the minor, the court shall have available
24 any or all dispositions prescribed for that offense under
25 Chapter V of the Unified Code of Corrections.
26 (ii) If after trial or plea the court finds that the
27 minor committed an offense not covered by paragraph (a) of
28 this subsection (2), that finding shall not invalidate the
29 verdict or the prosecution of the minor under the criminal
30 laws of the State; however, unless the State requests a
31 hearing for the purpose of sentencing the minor under Chapter
32 V of the Unified Code of Corrections, the Court must proceed
33 under Sections 5-705 and 5-710 of this Article. To request a
34 hearing, the State must file a written motion within 10 days
-5- LRB9100804RCmb
1 following the entry of a finding or the return of a verdict.
2 Reasonable notice of the motion shall be given to the minor
3 or his or her counsel. If the motion is made by the State,
4 the court shall conduct a hearing to determine if the minor
5 should be sentenced under Chapter V of the Unified Code of
6 Corrections. In making its determination, the court shall
7 consider among other matters: (a) whether there is evidence
8 that the offense was committed in an aggressive and
9 premeditated manner; (b) the age of the minor; (c) the
10 previous history of the minor; (d) whether there are
11 facilities particularly available to the Juvenile Court or
12 the Department of Corrections, Juvenile Division, for the
13 treatment and rehabilitation of the minor; (e) whether the
14 security of the public requires sentencing under Chapter V of
15 the Unified Code of Corrections; and (f) whether the minor
16 possessed a deadly weapon when committing the offense. The
17 rules of evidence shall be the same as if at trial. If after
18 the hearing the court finds that the minor should be
19 sentenced under Chapter V of the Unified Code of Corrections,
20 then the court shall sentence the minor accordingly having
21 available to it any or all dispositions so prescribed.
22 (3) (a) The definition of delinquent minor under Section
23 5-120 of this Article shall not apply to any minor who at the
24 time of the offense was at least 15 years of age and who is
25 charged with a violation of the provisions of paragraph (1),
26 (3), (4), or (10) of subsection (a) of Section 24-1 of the
27 Criminal Code of 1961 while in school, regardless of the time
28 of day or the time of year, or on the real property
29 comprising any school, regardless of the time of day or the
30 time of year. School is defined, for purposes of this Section
31 as any public or private elementary or secondary school,
32 community college, college, or university. These charges and
33 all other charges arising out of the same incident shall be
34 prosecuted under the criminal laws of this State.
-6- LRB9100804RCmb
1 (b) (i) If before trial or plea an information or
2 indictment is filed that does not charge an offense specified
3 in paragraph (a) of this subsection (3) the State's Attorney
4 may proceed on any lesser charge or charges, but only in
5 Juvenile Court under the provisions of this Article. The
6 State's Attorney may proceed under the criminal laws of this
7 State on a lesser charge if before trial the minor defendant
8 knowingly and with advice of counsel waives, in writing, his
9 or her right to have the matter proceed in Juvenile Court.
10 (ii) If before trial or plea an information or
11 indictment is filed that includes one or more charges
12 specified in paragraph (a) of this subsection (3) and
13 additional charges that are not specified in that paragraph,
14 all of the charges arising out of the same incident shall be
15 prosecuted under the criminal laws of this State.
16 (c) (i) If after trial or plea the minor is convicted of
17 any offense covered by paragraph (a) of this subsection (3),
18 then, in sentencing the minor, the court shall have available
19 any or all dispositions prescribed for that offense under
20 Chapter V of the Unified Code of Corrections.
21 (ii) If after trial or plea the court finds that the
22 minor committed an offense not covered by paragraph (a) of
23 this subsection (3), that finding shall not invalidate the
24 verdict or the prosecution of the minor under the criminal
25 laws of the State; however, unless the State requests a
26 hearing for the purpose of sentencing the minor under Chapter
27 V of the Unified Code of Corrections, the Court must proceed
28 under Sections 5-705 and 5-710 of this Article. To request a
29 hearing, the State must file a written motion within 10 days
30 following the entry of a finding or the return of a verdict.
31 Reasonable notice of the motion shall be given to the minor
32 or his or her counsel. If the motion is made by the State,
33 the court shall conduct a hearing to determine if the minor
34 should be sentenced under Chapter V of the Unified Code of
-7- LRB9100804RCmb
1 Corrections. In making its determination, the court shall
2 consider among other matters: (a) whether there is evidence
3 that the offense was committed in an aggressive and
4 premeditated manner; (b) the age of the minor; (c) the
5 previous history of the minor; (d) whether there are
6 facilities particularly available to the Juvenile Court or
7 the Department of Corrections, Juvenile Division, for the
8 treatment and rehabilitation of the minor; (e) whether the
9 security of the public requires sentencing under Chapter V of
10 the Unified Code of Corrections; and (f) whether the minor
11 possessed a deadly weapon when committing the offense. The
12 rules of evidence shall be the same as if at trial. If after
13 the hearing the court finds that the minor should be
14 sentenced under Chapter V of the Unified Code of Corrections,
15 then the court shall sentence the minor accordingly having
16 available to it any or all dispositions so prescribed.
17 (4) (a) The definition of delinquent minor under Section
18 5-120 of this Article shall not apply to any minor who at the
19 time of an offense was at least 13 years of age and who is
20 charged with first degree murder committed during the course
21 of either aggravated criminal sexual assault, criminal sexual
22 assault, or aggravated kidnaping. However, this subsection
23 (4) does not include a minor charged with first degree murder
24 based exclusively upon the accountability provisions of the
25 Criminal Code of 1961.
26 (b) (i) If before trial or plea an information or
27 indictment is filed that does not charge first degree murder
28 committed during the course of aggravated criminal sexual
29 assault, criminal sexual assault, or aggravated kidnaping,
30 the State's Attorney may proceed on any lesser charge or
31 charges, but only in Juvenile Court under the provisions of
32 this Article. The State's Attorney may proceed under the
33 criminal laws of this State on a lesser charge if before
34 trial the minor defendant knowingly and with advice of
-8- LRB9100804RCmb
1 counsel waives, in writing, his or her right to have the
2 matter proceed in Juvenile Court.
3 (ii) If before trial or plea an information or
4 indictment is filed that includes first degree murder
5 committed during the course of aggravated criminal sexual
6 assault, criminal sexual assault, or aggravated kidnaping,
7 and additional charges that are not specified in paragraph
8 (a) of this subsection, all of the charges arising out of the
9 same incident shall be prosecuted under the criminal laws of
10 this State.
11 (c) (i) If after trial or plea the minor is convicted of
12 first degree murder committed during the course of aggravated
13 criminal sexual assault, criminal sexual assault, or
14 aggravated kidnaping, in sentencing the minor, the court
15 shall have available any or all dispositions prescribed for
16 that offense under Chapter V of the Unified Code of
17 Corrections.
18 (ii) If the minor was not yet 15 years of age at the
19 time of the offense, and if after trial or plea the court
20 finds that the minor committed an offense other than first
21 degree murder committed during the course of either
22 aggravated criminal sexual assault, criminal sexual assault,
23 or aggravated kidnapping, the finding shall not invalidate
24 the verdict or the prosecution of the minor under the
25 criminal laws of the State; however, unless the State
26 requests a hearing for the purpose of sentencing the minor
27 under Chapter V of the Unified Code of Corrections, the Court
28 must proceed under Sections 5-705 and 5-710 of this Article.
29 To request a hearing, the State must file a written motion
30 within 10 days following the entry of a finding or the return
31 of a verdict. Reasonable notice of the motion shall be given
32 to the minor or his or her counsel. If the motion is made by
33 the State, the court shall conduct a hearing to determine
34 whether the minor should be sentenced under Chapter V of the
-9- LRB9100804RCmb
1 Unified Code of Corrections. In making its determination,
2 the court shall consider among other matters: (a) whether
3 there is evidence that the offense was committed in an
4 aggressive and premeditated manner; (b) the age of the
5 minor; (c) the previous delinquent history of the minor;
6 (d) whether there are facilities particularly available to
7 the Juvenile Court or the Department of Corrections, Juvenile
8 Division, for the treatment and rehabilitation of the minor;
9 (e) whether the best interest of the minor and the security
10 of the public require sentencing under Chapter V of the
11 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 (5) (a) The definition of delinquent minor under Section
19 5-120 of this Article shall not apply to any minor who is
20 charged with a violation of subsection (a) of Section 31-6 or
21 Section 32-10 of the Criminal Code of 1961 when the minor is
22 subject to prosecution under the criminal laws of this State
23 as a result of the application of the provisions of Section
24 5-125, or subsection (1) or (2) of this Section. These
25 charges and all other charges arising out of the same
26 incident shall be prosecuted under the criminal laws of this
27 State.
28 (b) (i) If before trial or plea an information or
29 indictment is filed that does not charge an offense specified
30 in paragraph (a) of this subsection (5), the State's Attorney
31 may proceed on any lesser charge or charges, but only in
32 Juvenile Court under the provisions of this Article. The
33 State's Attorney may proceed under the criminal laws of this
34 State on a lesser charge if before trial the minor defendant
-10- LRB9100804RCmb
1 knowingly and with advice of counsel waives, in writing, his
2 or her right to have the matter proceed in Juvenile Court.
3 (ii) If before trial or plea an information or
4 indictment is filed that includes one or more charges
5 specified in paragraph (a) of this subsection (5) and
6 additional charges that are not specified in that paragraph,
7 all of the charges arising out of the same incident shall be
8 prosecuted under the criminal laws of this State.
9 (c) (i) If after trial or plea the minor is convicted of
10 any offense covered by paragraph (a) of this subsection (5),
11 then, in sentencing the minor, the court shall have available
12 any or all dispositions prescribed for that offense under
13 Chapter V of the Unified Code of Corrections.
14 (ii) If after trial or plea the court finds that the
15 minor committed an offense not covered by paragraph (a) of
16 this subsection (5), the conviction shall not invalidate the
17 verdict or the prosecution of the minor under the criminal
18 laws of this State; however, unless the State requests a
19 hearing for the purpose of sentencing the minor under Chapter
20 V of the Unified Code of Corrections, the Court must proceed
21 under Sections 5-705 and 5-710 of this Article. To request a
22 hearing, the State must file a written motion within 10 days
23 following the entry of a finding or the return of a verdict.
24 Reasonable notice of the motion shall be given to the minor
25 or his or her counsel. If the motion is made by the State,
26 the court shall conduct a hearing to determine if whether the
27 minor should be sentenced under Chapter V of the Unified Code
28 of Corrections. In making its determination, the court shall
29 consider among other matters: (a) whether there is evidence
30 that the offense was committed in an aggressive and
31 premeditated manner; (b) the age of the minor; (c) the
32 previous delinquent history of the minor; (d) whether there
33 are facilities particularly available to the Juvenile Court
34 or the Department of Corrections, Juvenile Division, for the
-11- LRB9100804RCmb
1 treatment and rehabilitation of the minor; (e) whether the
2 security of the public requires sentencing under Chapter V of
3 the Unified Code of Corrections; and (f) whether the minor
4 possessed a deadly weapon when committing the offense. The
5 rules of evidence shall be the same as if at trial. If after
6 the hearing the court finds that the minor should be
7 sentenced under Chapter V of the Unified Code of Corrections,
8 then the court shall sentence the minor accordingly having
9 available to it any or all dispositions so prescribed.
10 (6) The definition of delinquent minor under Section
11 5-120 of this Article shall not apply to any minor who,
12 pursuant to subsection (1), (2), or (3) or Section 5-805, or
13 5-810, has previously been placed under the jurisdiction of
14 the criminal court and has been convicted of a crime under an
15 adult criminal or penal statute. Such a minor shall be
16 subject to prosecution under the criminal laws of this State.
17 (7) The procedures set out in this Article for the
18 investigation, arrest and prosecution of juvenile offenders
19 shall not apply to minors who are excluded from jurisdiction
20 of the Juvenile Court, except that minors under 17 years of
21 age shall be kept separate from confined adults.
22 (8) Nothing in this Act prohibits or limits the
23 prosecution of any minor for an offense committed on or after
24 his or her 17th birthday even though he or she is at the time
25 of the offense a ward of the court.
26 (9) If an original petition for adjudication of wardship
27 alleges the commission by a minor 13 years of age or over of
28 an act that constitutes a crime under the laws of this State,
29 the minor, with the consent of his or her counsel, may, at
30 any time before commencement of the adjudicatory hearing,
31 file with the court a motion that criminal prosecution be
32 ordered and that the petition be dismissed insofar as the act
33 or acts involved in the criminal proceedings are concerned.
34 If such a motion is filed as herein provided, the court shall
-12- LRB9100804RCmb
1 enter its order accordingly.
2 (Source: P.A. 90-590, eff. 1-1-99.)
3 (705 ILCS 405/5-805)
4 Sec. 5-805. Transfer of jurisdiction.
5 (1) Mandatory transfers.
6 (a) If a petition alleges commission by a minor 15
7 years of age or older of an act that constitutes a
8 forcible felony under the laws of this State, and if a
9 motion by the State's Attorney to prosecute the minor
10 under the criminal laws of Illinois for the alleged
11 forcible felony alleges that (i) the minor has previously
12 been adjudicated delinquent or found guilty for
13 commission of an act that constitutes a felony under the
14 laws of this State or any other state and (ii) the act
15 that constitutes the offense was committed in furtherance
16 of criminal activity by an organized gang, the Juvenile
17 Judge assigned to hear and determine those motions shall,
18 upon determining that there is probable cause that both
19 allegations are true, enter an order permitting
20 prosecution under the criminal laws of Illinois.
21 (b) If a petition alleges commission by a minor 15
22 years of age or older of an act that constitutes a felony
23 under the laws of this State, and if a motion by a
24 State's Attorney to prosecute the minor under the
25 criminal laws of Illinois for the alleged felony alleges
26 that (i) the minor has previously been adjudicated
27 delinquent or found guilty for commission of an act that
28 constitutes a forcible felony under the laws of this
29 State or any other state and (ii) the act that
30 constitutes the offense was committed in furtherance of
31 criminal activities 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
-13- LRB9100804RCmb
1 allegations are true, enter an order permitting
2 prosecution under the criminal laws of Illinois.
3 (c) If a petition alleges commission by a minor 15
4 years of age or older of: (i) an act that constitutes an
5 offense enumerated in the presumptive transfer provisions
6 of subsection (2); and (ii) the minor has previously been
7 adjudicated delinquent or found guilty of a forcible
8 felony, the Juvenile Judge designated to hear and
9 determine those motions shall, upon determining that
10 there is probable cause that both allegations are true,
11 enter an order permitting prosecution under the criminal
12 laws of Illinois.
13 (d) If a petition alleges commission by a minor 15
14 years of age or older of an act that constitutes the offense
15 of aggravated discharge of a firearm committed in a school,
16 on the real property comprising a school, within 1,000 feet
17 of the real property comprising a school, at a school related
18 activity, or on or within 1,000 feet of any conveyance owned,
19 leased, or contracted by a school or school district to
20 transport students to or from school or a school related
21 activity, regardless of the time of day or the time of year,
22 the juvenile judge designated to hear and determine those
23 motions shall, upon determining that there is probable cause
24 that the allegations are true, enter an order permitting
25 prosecution under the criminal laws of Illinois.
26 For purposes of this paragraph (d) of subsection (1):
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
32 in part by a school or school district.
33 (2) Presumptive transfer.
34 (a) If the State's Attorney files a petition, at
-14- LRB9100804RCmb
1 any time prior to commencement of the minor's trial, to
2 permit prosecution under the criminal laws and the
3 petition alleges the commission by a minor 15 years of
4 age or older of: (i) a Class X felony other than armed
5 violence; (ii) aggravated discharge of a firearm; (iii)
6 armed violence with a firearm when the predicate offense
7 is a Class 1 or Class 2 felony and the State's Attorney's
8 motion to transfer the case alleges that the offense
9 committed is in furtherance of the criminal activities of
10 an organized gang; (iv) armed violence with a firearm
11 when the predicate offense is a violation of the Illinois
12 Controlled Substances Act or a violation of the Cannabis
13 Control Act; (v) armed violence when the weapon involved
14 was a machine gun or other weapon described in subsection
15 (a)(7) of Section 24-1 of the Criminal Code of 1961, and,
16 if the juvenile judge assigned to hear and determine
17 motions to transfer a case for prosecution in the
18 criminal court determines that there is probable cause to
19 believe that the allegations in the petition and motion
20 are true, there is a rebuttable presumption that the
21 minor is not a fit and proper subject to be dealt with
22 under the Juvenile Justice Reform Provisions of 1998
23 (Public Act 90-590), and that, except as provided in
24 paragraph (b), the case should be transferred to the
25 criminal court.
26 (b) The judge shall enter an order permitting
27 prosecution under the criminal laws of Illinois unless
28 the judge makes a finding based on clear and convincing
29 evidence that the minor would be amenable to the care,
30 treatment, and training programs available through the
31 facilities of the juvenile court based on an evaluation
32 of the following:
33 (i) The seriousness of the alleged offense;
34 (ii) The minor's history of delinquency;
-15- LRB9100804RCmb
1 (iii) The age of the minor;
2 (iv) The culpability of the minor in committing
3 the alleged offense;
4 (v) Whether the offense was committed in an
5 aggressive or premeditated manner;
6 (vi) Whether the minor used or possessed a deadly
7 weapon when committing the alleged offense;
8 (vii) The minor's history of services, including
9 the minor's willingness to participate meaningfully in
10 available services;
11 (viii) Whether there is a reasonable likelihood that
12 the minor can be rehabilitated before the expiration of
13 the juvenile court's jurisdiction;
14 (ix) The adequacy of the punishment or services
15 available in the juvenile justice system.
16 In considering these factors, the court shall give
17 greater weight to the seriousness of the alleged offense and
18 the minor's prior record of delinquency than to the other
19 factors listed in this subsection.
20 (3) Discretionary transfer.
21 (a) If a petition alleges commission by a minor 13
22 years of age or over of an act that constitutes a crime
23 under the laws of this State and, on motion of the
24 State's Attorney to permit prosecution of the minor under
25 the criminal laws, a Juvenile Judge assigned by the Chief
26 Judge of the Circuit to hear and determine those motions,
27 after hearing but before commencement of the trial, finds
28 that there is probable cause to believe that the
29 allegations in the motion are true and that it is not in
30 the best interests of the public to proceed under this
31 Act, the court may enter an order permitting prosecution
32 under the criminal laws.
33 (b) In making its determination on the motion to
34 permit prosecution under the criminal laws, the court
-16- LRB9100804RCmb
1 shall consider among other matters:
2 (i) The seriousness of the alleged offense;
3 (ii) The minor's history of delinquency;
4 (iii) The age of the minor;
5 (iv) The culpability of the minor in committing the
6 alleged offense;
7 (v) Whether the offense was committed in an
8 aggressive or premeditated manner;
9 (vi) Whether the minor used or possessed a deadly
10 weapon when committing the alleged offense;
11 (vii) The minor's history of services, including
12 the minor's willingness to participate meaningfully in
13 available services;
14 (viii) The adequacy of the punishment or services
15 available in the juvenile justice system.
16 In considering these factors, the court shall give
17 greater weight to the seriousness of the alleged offense and
18 the minor's prior record of delinquency than to the other
19 factors listed in this subsection.
20 (4) The rules of evidence for this hearing shall be the
21 same as under Section 5-705 of this Act. A minor must be
22 represented in court by counsel before the hearing may be
23 commenced.
24 (5) If criminal proceedings are instituted, the petition
25 for adjudication of wardship shall be dismissed insofar as
26 the act or acts involved in the criminal proceedings. Taking
27 of evidence in a trial on petition for adjudication of
28 wardship is a bar to criminal proceedings based upon the
29 conduct alleged in the petition.
30 (Source: P.A. 90-590, eff. 1-1-99; revised 10-28-98.)