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91_SB0759eng SB759 Engrossed 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, boarding, or departing from 17 any conveyance owned, leased, or contracted by a school or 18 school district to transport students to or from school or a 19 school related activity regardless of the time of day or time 20 of year that the offense was committed, armed robbery when 21 the 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 SB759 Engrossed -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, SB759 Engrossed -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. SB759 Engrossed -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 SB759 Engrossed -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. SB759 Engrossed -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 SB759 Engrossed -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 SB759 Engrossed -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 SB759 Engrossed -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 SB759 Engrossed -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 SB759 Engrossed -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 SB759 Engrossed -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 SB759 Engrossed -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 15 offense of aggravated discharge of a firearm committed in 16 a school, on the real property comprising a school, 17 within 1,000 feet of the real property comprising a 18 school, at a school related activity, or on, boarding, or 19 departing from any conveyance owned, leased, or 20 contracted by a school or school district to transport 21 students to or from school or a school related activity, 22 regardless of the time of day or the time of year, the 23 juvenile judge designated to hear and determine those 24 motions shall, upon determining that there is probable 25 cause that the allegations are true, enter an order 26 permitting prosecution under the criminal laws of 27 Illinois. 28 For purposes of this paragraph (d) of subsection 29 (1): 30 "School" means a public or private elementary or 31 secondary school, community college, college, or 32 university. 33 "School related activity" means any sporting, 34 social, academic, or other activity for which students' SB759 Engrossed -14- LRB9100804RCmb 1 attendance or participation is sponsored, organized, or 2 funded in whole or in part by a school or school 3 district. 4 (2) Presumptive transfer. 5 (a) If the State's Attorney files a petition, at 6 any time prior to commencement of the minor's trial, to 7 permit prosecution under the criminal laws and the 8 petition alleges the commission by a minor 15 years of 9 age or older of: (i) a Class X felony other than armed 10 violence; (ii) aggravated discharge of a firearm; (iii) 11 armed violence with a firearm when the predicate offense 12 is a Class 1 or Class 2 felony and the State's Attorney's 13 motion to transfer the case alleges that the offense 14 committed is in furtherance of the criminal activities of 15 an organized gang; (iv) armed violence with a firearm 16 when the predicate offense is a violation of the Illinois 17 Controlled Substances Act or a violation of the Cannabis 18 Control Act; (v) armed violence when the weapon involved 19 was a machine gun or other weapon described in subsection 20 (a)(7) of Section 24-1 of the Criminal Code of 1961, and, 21 if the juvenile judge assigned to hear and determine 22 motions to transfer a case for prosecution in the 23 criminal court determines that there is probable cause to 24 believe that the allegations in the petition and motion 25 are true, there is a rebuttable presumption that the 26 minor is not a fit and proper subject to be dealt with 27 under the Juvenile Justice Reform Provisions of 1998 28 (Public Act 90-590), and that, except as provided in 29 paragraph (b), the case should be transferred to the 30 criminal court. 31 (b) The judge shall enter an order permitting 32 prosecution under the criminal laws of Illinois unless 33 the judge makes a finding based on clear and convincing 34 evidence that the minor would be amenable to the care, SB759 Engrossed -15- LRB9100804RCmb 1 treatment, and training programs available through the 2 facilities of the juvenile court based on an evaluation 3 of the following: 4 (i) The seriousness of the alleged offense; 5 (ii) The minor's history of delinquency; 6 (iii) The age of the minor; 7 (iv) The culpability of the minor in committing 8 the alleged offense; 9 (v) Whether the offense was committed in an 10 aggressive or premeditated manner; 11 (vi) Whether the minor used or possessed a deadly 12 weapon when committing the alleged offense; 13 (vii) The minor's history of services, including 14 the minor's willingness to participate meaningfully in 15 available services; 16 (viii) Whether there is a reasonable likelihood that 17 the minor can be rehabilitated before the expiration of 18 the juvenile court's jurisdiction; 19 (ix) The adequacy of the punishment or services 20 available in the juvenile justice system. 21 In considering these factors, the court shall give 22 greater weight to the seriousness of the alleged offense and 23 the minor's prior record of delinquency than to the other 24 factors listed in this subsection. 25 (3) Discretionary transfer. 26 (a) If a petition alleges commission by a minor 13 27 years of age or over of an act that constitutes a crime 28 under the laws of this State and, on motion of the 29 State's Attorney to permit prosecution of the minor under 30 the criminal laws, a Juvenile Judge assigned by the Chief 31 Judge of the Circuit to hear and determine those motions, 32 after hearing but before commencement of the trial, finds 33 that there is probable cause to believe that the 34 allegations in the motion are true and that it is not in SB759 Engrossed -16- LRB9100804RCmb 1 the best interests of the public to proceed under this 2 Act, the court may enter an order permitting prosecution 3 under the criminal laws. 4 (b) In making its determination on the motion to 5 permit prosecution under the criminal laws, the court 6 shall consider among other matters: 7 (i) The seriousness of the alleged offense; 8 (ii) The minor's history of delinquency; 9 (iii) The age of the minor; 10 (iv) The culpability of the minor in committing the 11 alleged offense; 12 (v) Whether the offense was committed in an 13 aggressive or premeditated manner; 14 (vi) Whether the minor used or possessed a deadly 15 weapon when committing the alleged offense; 16 (vii) The minor's history of services, including 17 the minor's willingness to participate meaningfully in 18 available services; 19 (viii) The adequacy of the punishment or services 20 available in the juvenile justice system. 21 In considering these factors, the court shall give 22 greater weight to the seriousness of the alleged offense and 23 the minor's prior record of delinquency than to the other 24 factors listed in this subsection. 25 (4) The rules of evidence for this hearing shall be the 26 same as under Section 5-705 of this Act. A minor must be 27 represented in court by counsel before the hearing may be 28 commenced. 29 (5) If criminal proceedings are instituted, the petition 30 for adjudication of wardship shall be dismissed insofar as 31 the act or acts involved in the criminal proceedings. Taking 32 of evidence in a trial on petition for adjudication of 33 wardship is a bar to criminal proceedings based upon the 34 conduct alleged in the petition. SB759 Engrossed -17- LRB9100804RCmb 1 (Source: P.A. 90-590, eff. 1-1-99; revised 10-28-98.)