[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_SB1057
LRB9105729RCpr
1 AN ACT to amend the Juvenile Court Act of 1987 by
2 changing Section 5-130.
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 Section 5-130 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, armed robbery when the armed robbery was committed
14 with a firearm, or aggravated vehicular hijacking when the
15 hijacking was committed with a firearm. These charges and all
16 other charges arising out of the same incident shall be
17 prosecuted under the criminal laws of this State.
18 (b) (i) If before trial or plea an information or
19 indictment is filed that does not charge an offense specified
20 in paragraph (a) of this subsection (1) the State's Attorney
21 may proceed on any lesser charge or charges, but only in
22 Juvenile Court under the provisions of this Article. The
23 State's Attorney may proceed under the Criminal Code of 1961
24 on a lesser charge if before trial the minor defendant
25 knowingly and with advice of counsel waives, in writing, his
26 or her right to have the matter proceed in Juvenile Court.
27 (ii) If before trial or plea an information or
28 indictment is filed that includes one or more charges
29 specified in paragraph (a) of this subsection (1) and
30 additional charges that are not specified in that paragraph,
31 all of the charges arising out of the same incident shall be
-2- LRB9105729RCpr
1 prosecuted under the Criminal Code of 1961.
2 (c) (i) If after trial or plea the minor is convicted of
3 any offense covered by paragraph (a) of this subsection (1),
4 then, in sentencing the minor, the court shall have available
5 any or all dispositions prescribed for that offense under
6 Chapter V of the Unified Code of Corrections.
7 (ii) If after trial or plea the court finds that the
8 minor committed an offense not covered by paragraph (a) of
9 this subsection (1), that finding shall not invalidate the
10 verdict or the prosecution of the minor under the criminal
11 laws of the State; however, unless the State requests a
12 hearing for the purpose of sentencing the minor under Chapter
13 V of the Unified Code of Corrections, the Court must proceed
14 under Sections 5-705 and 5-710 of this Article. To request a
15 hearing, the State must file a written motion within 10 days
16 following the entry of a finding or the return of a verdict.
17 Reasonable notice of the motion shall be given to the minor
18 or his or her counsel. If the motion is made by the State,
19 the court shall conduct a hearing to determine if the minor
20 should be sentenced under Chapter V of the Unified Code of
21 Corrections. In making its determination, the court shall
22 consider among other matters: (a) whether there is evidence
23 that the offense was committed in an aggressive and
24 premeditated manner; (b) the age of the minor; (c) the
25 previous history of the minor; (d) whether there are
26 facilities particularly available to the Juvenile Court or
27 the Department of Corrections, Juvenile Division, for the
28 treatment and rehabilitation of the minor; (e) whether the
29 security of the public requires sentencing under Chapter V of
30 the Unified Code of Corrections; and (f) whether the minor
31 possessed a deadly weapon when committing the offense. The
32 rules of evidence shall be the same as if at trial. If after
33 the hearing the court finds that the minor should be
34 sentenced under Chapter V of the Unified Code of Corrections,
-3- LRB9105729RCpr
1 then the court shall sentence the minor accordingly having
2 available to it any or all dispositions so prescribed.
3 (2) (a) The definition of a delinquent minor under
4 Section 5-120 of this Article shall not apply to any minor
5 who at the time of the offense was at least 15 years of age
6 and who is charged with an offense under Section 401 of the
7 Illinois Controlled Substances Act, while in a school,
8 regardless of the time of day or the time of year, or any
9 conveyance owned, leased or contracted by a school to
10 transport students to or from school or a school related
11 activity, or residential property owned, operated and managed
12 by a public housing agency, on the real property comprising
13 any school, regardless of the time of day or the time of
14 year, or residential property owned, operated and managed by
15 a public housing agency, or on a public way within 1,000 feet
16 of the real property comprising any school, regardless of the
17 time of day or the time of year, or residential property
18 owned, operated and managed by a public housing agency.
19 School is defined, for the purposes of this Section, as any
20 public or private elementary or secondary school, community
21 college, college, or university. These charges and all other
22 charges arising out of the same incident shall be prosecuted
23 under the criminal laws of this State.
24 (b) (i) If before trial or plea an information or
25 indictment is filed that does not charge an offense specified
26 in paragraph (a) of this subsection (2) the State's Attorney
27 may proceed on any lesser charge or charges, but only in
28 Juvenile Court under the provisions of this Article. The
29 State's Attorney may proceed under the criminal laws of this
30 State on a lesser charge if before trial the minor defendant
31 knowingly and with advice of counsel waives, in writing, his
32 or her right to have the matter proceed in Juvenile Court.
33 (ii) If before trial or plea an information or
34 indictment is filed that includes one or more charges
-4- LRB9105729RCpr
1 specified in paragraph (a) of this subsection (2) and
2 additional charges that are not specified in that paragraph,
3 all of the charges arising out of the same incident shall be
4 prosecuted under the criminal laws of this State.
5 (c) (i) If after trial or plea the minor is convicted of
6 any offense covered by paragraph (a) of this subsection (2),
7 then, in sentencing the minor, the court shall have available
8 any or all dispositions prescribed for that offense under
9 Chapter V of the Unified Code of Corrections.
10 (ii) If after trial or plea the court finds that the
11 minor committed an offense not covered by paragraph (a) of
12 this subsection (2), that finding shall not invalidate the
13 verdict or the prosecution of the minor under the criminal
14 laws of the State; however, unless the State requests a
15 hearing for the purpose of sentencing the minor under Chapter
16 V of the Unified Code of Corrections, the Court must proceed
17 under Sections 5-705 and 5-710 of this Article. To request a
18 hearing, the State must file a written motion within 10 days
19 following the entry of a finding or the return of a verdict.
20 Reasonable notice of the motion shall be given to the minor
21 or his or her counsel. If the motion is made by the State,
22 the court shall conduct a hearing to determine if the minor
23 should be sentenced under Chapter V of the Unified Code of
24 Corrections. In making its determination, the court shall
25 consider among other matters: (a) whether there is evidence
26 that the offense was committed in an aggressive and
27 premeditated manner; (b) the age of the minor; (c) the
28 previous history of the minor; (d) whether there are
29 facilities particularly available to the Juvenile Court or
30 the Department of Corrections, Juvenile Division, for the
31 treatment and rehabilitation of the minor; (e) whether the
32 security of the public requires sentencing under Chapter V of
33 the Unified Code of Corrections; and (f) whether the minor
34 possessed a deadly weapon when committing the offense. The
-5- LRB9105729RCpr
1 rules of evidence shall be the same as if at trial. If after
2 the hearing the court finds that the minor should be
3 sentenced under Chapter V of the Unified Code of Corrections,
4 then the court shall sentence the minor accordingly having
5 available to it any or all dispositions so prescribed.
6 (3) (a) The definition of delinquent minor under Section
7 5-120 of this Article shall not apply to any minor who at the
8 time of the offense was at least 15 years of age and who is
9 charged with a violation of the provisions of paragraph (1),
10 (3), (4), or (10) of subsection (a) of Section 24-1 of the
11 Criminal Code of 1961 while in school, regardless of the time
12 of day or the time of year, or on the real property
13 comprising any school, regardless of the time of day or the
14 time of year. School is defined, for purposes of this Section
15 as any public or private elementary or secondary school,
16 community college, college, or university. These charges and
17 all other charges arising out of the same incident shall be
18 prosecuted under the criminal laws of this State.
19 (b) (i) If before trial or plea an information or
20 indictment is filed that does not charge an offense specified
21 in paragraph (a) of this subsection (3) the State's Attorney
22 may proceed on any lesser charge or charges, but only in
23 Juvenile Court under the provisions of this Article. The
24 State's Attorney may proceed under the criminal laws of this
25 State on a lesser charge if before trial the minor defendant
26 knowingly and with advice of counsel waives, in writing, his
27 or her right to have the matter proceed in Juvenile Court.
28 (ii) If before trial or plea an information or
29 indictment is filed that includes one or more charges
30 specified in paragraph (a) of this subsection (3) and
31 additional charges that are not specified in that paragraph,
32 all of the charges arising out of the same incident shall be
33 prosecuted under the criminal laws of this State.
34 (c) (i) If after trial or plea the minor is convicted of
-6- LRB9105729RCpr
1 any offense covered by paragraph (a) of this subsection (3),
2 then, in sentencing the minor, the court shall have available
3 any or all dispositions prescribed for that offense under
4 Chapter V of the Unified Code of Corrections.
5 (ii) If after trial or plea the court finds that the
6 minor committed an offense not covered by paragraph (a) of
7 this subsection (3), that finding shall not invalidate the
8 verdict or the prosecution of the minor under the criminal
9 laws of the State; however, unless the State requests a
10 hearing for the purpose of sentencing the minor under Chapter
11 V of the Unified Code of Corrections, the Court must proceed
12 under Sections 5-705 and 5-710 of this Article. To request a
13 hearing, the State must file a written motion within 10 days
14 following the entry of a finding or the return of a verdict.
15 Reasonable notice of the motion shall be given to the minor
16 or his or her counsel. If the motion is made by the State,
17 the court shall conduct a hearing to determine if the minor
18 should be sentenced under Chapter V of the Unified Code of
19 Corrections. In making its determination, the court shall
20 consider among other matters: (a) whether there is evidence
21 that the offense was committed in an aggressive and
22 premeditated manner; (b) the age of the minor; (c) the
23 previous history of the minor; (d) whether there are
24 facilities particularly available to the Juvenile Court or
25 the Department of Corrections, Juvenile Division, for the
26 treatment and rehabilitation of the minor; (e) whether the
27 security of the public requires sentencing under Chapter V of
28 the Unified Code of Corrections; and (f) whether the minor
29 possessed a deadly weapon when committing the offense. The
30 rules of evidence shall be the same as if at trial. If after
31 the hearing the court finds that the minor should be
32 sentenced under Chapter V of the Unified Code of Corrections,
33 then the court shall sentence the minor accordingly having
34 available to it any or all dispositions so prescribed.
-7- LRB9105729RCpr
1 (3.5) (a) The definition of delinquent minor under
2 Section 5-120 of this Article does not apply to any minor who
3 at the time of an offense was at least 13 years of age and
4 who is charged with any offense involving the discharge of a
5 firearm in a school, regardless of the time of day or the
6 time of year, on the real property comprising a school,
7 regardless of the time of day or the time of year, or within
8 100 feet of a school regardless of the time of day or time of
9 year.
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 (3.5) the State's
13 Attorney may proceed on any lesser charge or charges, but
14 only in Juvenile Court under the provisions of this Article.
15 The State's Attorney may proceed under the criminal laws of
16 this State on a lesser charge if before trial the minor
17 defendant knowingly and with advice of counsel waives, in
18 writing, his or her right to have the matter proceed in
19 Juvenile Court.
20 (ii) If before trial or plea an information or
21 indictment is filed that includes one or more charges
22 specified in paragraph (a) of this subsection (3.5) and
23 additional charges that are not specified in that paragraph,
24 all of the charges arising out of the same incident shall be
25 prosecuted under the criminal laws of this State.
26 (c) (i) If after trial or plea the minor is convicted of
27 any offense covered by paragraph (a) of this subsection
28 (3.5), then, in sentencing the minor, the court shall have
29 available any or all dispositions prescribed for that offense
30 under Chapter V of the Unified Code of Corrections.
31 (ii) If after trial or plea the court finds that the
32 minor committed an offense not covered by paragraph (a) of
33 this subsection (3.5), that finding shall not invalidate the
34 verdict or the prosecution of the minor under the criminal
-8- LRB9105729RCpr
1 laws of the State; however, unless the State requests a
2 hearing for the purpose of sentencing the minor under Chapter
3 V of the Unified Code of Corrections, the Court must proceed
4 under Sections 5-705 and 5-710 of this Article. To request a
5 hearing, the State must file a written motion within 10 days
6 following the entry of a finding or the return of a verdict.
7 Reasonable notice of the motion shall be given to the minor
8 or his or her counsel. If the motion is made by the State,
9 the court shall conduct a hearing to determine if the minor
10 should be sentenced under Chapter V of the Unified Code of
11 Corrections. In making its determination, the court shall
12 consider among other matters: (a) whether there is evidence
13 that the offense was committed in an aggressive and
14 premeditated manner; (b) the age of the minor; (c) the
15 previous history of the minor; (d) whether there are
16 facilities particularly available to the Juvenile Court or
17 the Department of Corrections, Juvenile Division, for the
18 treatment and rehabilitation of the minor; and (e) whether
19 the security of the public requires sentencing under Chapter
20 V of the Unified Code of Corrections. The rules of evidence
21 shall be the same as if at trial. If after the hearing the
22 court finds that the minor should be sentenced under Chapter
23 V of the Unified Code of Corrections, then the court shall
24 sentence the minor accordingly having available to it any or
25 all dispositions so prescribed.
26 (4) (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 an offense was at least 13 years of age and who is
29 charged with first degree murder committed during the course
30 of either aggravated criminal sexual assault, criminal sexual
31 assault, or aggravated kidnaping. However, this subsection
32 (4) does not include a minor charged with first degree murder
33 based exclusively upon the accountability provisions of the
34 Criminal Code of 1961.
-9- LRB9105729RCpr
1 (b) (i) If before trial or plea an information or
2 indictment is filed that does not charge first degree murder
3 committed during the course of aggravated criminal sexual
4 assault, criminal sexual assault, or aggravated kidnaping,
5 the State's Attorney may proceed on any lesser charge or
6 charges, but only in Juvenile Court under the provisions of
7 this Article. The State's Attorney may proceed under the
8 criminal laws of this State on a lesser charge if before
9 trial the minor defendant knowingly and with advice of
10 counsel waives, in writing, his or her right to have the
11 matter proceed in Juvenile Court.
12 (ii) If before trial or plea an information or
13 indictment is filed that includes first degree murder
14 committed during the course of aggravated criminal sexual
15 assault, criminal sexual assault, or aggravated kidnaping,
16 and additional charges that are not specified in paragraph
17 (a) of this subsection, all of the charges arising out of the
18 same incident shall be prosecuted under the criminal laws of
19 this State.
20 (c) (i) If after trial or plea the minor is convicted of
21 first degree murder committed during the course of aggravated
22 criminal sexual assault, criminal sexual assault, or
23 aggravated kidnaping, in sentencing the minor, the court
24 shall have available any or all dispositions prescribed for
25 that offense under Chapter V of the Unified Code of
26 Corrections.
27 (ii) If the minor was not yet 15 years of age at the
28 time of the offense, and if after trial or plea the court
29 finds that the minor committed an offense other than first
30 degree murder committed during the course of either
31 aggravated criminal sexual assault, criminal sexual assault,
32 or aggravated kidnapping, the finding shall not invalidate
33 the verdict or the prosecution of the minor under the
34 criminal laws of the State; however, unless the State
-10- LRB9105729RCpr
1 requests a hearing for the purpose of sentencing the minor
2 under Chapter V of the Unified Code of Corrections, the Court
3 must proceed under Sections 5-705 and 5-710 of this Article.
4 To request a hearing, the State must file a written motion
5 within 10 days following the entry of a finding or the return
6 of a verdict. Reasonable notice of the motion shall be given
7 to the minor or his or her counsel. If the motion is made by
8 the State, the court shall conduct a hearing to determine
9 whether the minor should be sentenced under Chapter V of the
10 Unified Code of Corrections. In making its determination,
11 the court shall consider among other matters: (a) whether
12 there is evidence that the offense was committed in an
13 aggressive and premeditated manner; (b) the age of the
14 minor; (c) the previous delinquent history of the minor;
15 (d) whether there are facilities particularly available to
16 the Juvenile Court or the Department of Corrections, Juvenile
17 Division, for the treatment and rehabilitation of the minor;
18 (e) whether the best interest of the minor and the security
19 of the public require sentencing under Chapter V of the
20 Unified Code of Corrections; and (f) whether the minor
21 possessed a deadly weapon when committing the offense. The
22 rules of evidence shall be the same as if at trial. If after
23 the hearing the court finds that the minor should be
24 sentenced under Chapter V of the Unified Code of Corrections,
25 then the court shall sentence the minor accordingly having
26 available to it any or all dispositions so prescribed.
27 (5) (a) The definition of delinquent minor under Section
28 5-120 of this Article shall not apply to any minor who is
29 charged with a violation of subsection (a) of Section 31-6 or
30 Section 32-10 of the Criminal Code of 1961 when the minor is
31 subject to prosecution under the criminal laws of this State
32 as a result of the application of the provisions of Section
33 5-125, or subsection (1) or (2) of this Section. These
34 charges and all other charges arising out of the same
-11- LRB9105729RCpr
1 incident shall be prosecuted under the criminal laws of this
2 State.
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 (5), 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 laws of this
9 State 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 (5) 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 laws of this State.
18 (c) (i) If after trial or plea the minor is convicted of
19 any offense covered by paragraph (a) of this subsection (5),
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 (5), the conviction shall not invalidate the
26 verdict or the prosecution of the minor under the criminal
27 laws of this 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,
-12- LRB9105729RCpr
1 the court shall conduct a hearing to determine if whether the
2 minor should be sentenced under Chapter V of the Unified Code
3 of 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 delinquent history of the minor; (d) whether there
8 are facilities particularly available to the Juvenile Court
9 or 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 (6) The definition of delinquent minor under Section
20 5-120 of this Article shall not apply to any minor who,
21 pursuant to subsection (1), (2), or (3) or Section 5-805, or
22 5-810, has previously been placed under the jurisdiction of
23 the criminal court and has been convicted of a crime under an
24 adult criminal or penal statute. Such a minor shall be
25 subject to prosecution under the criminal laws of this State.
26 (7) The procedures set out in this Article for the
27 investigation, arrest and prosecution of juvenile offenders
28 shall not apply to minors who are excluded from jurisdiction
29 of the Juvenile Court, except that minors under 17 years of
30 age shall be kept separate from confined adults.
31 (8) Nothing in this Act prohibits or limits the
32 prosecution of any minor for an offense committed on or after
33 his or her 17th birthday even though he or she is at the time
34 of the offense a ward of the court.
-13- LRB9105729RCpr
1 (9) If an original petition for adjudication of wardship
2 alleges the commission by a minor 13 years of age or over of
3 an act that constitutes a crime under the laws of this State,
4 the minor, with the consent of his or her counsel, may, at
5 any time before commencement of the adjudicatory hearing,
6 file with the court a motion that criminal prosecution be
7 ordered and that the petition be dismissed insofar as the act
8 or acts involved in the criminal proceedings are concerned.
9 If such a motion is filed as herein provided, the court shall
10 enter its order accordingly.
11 (Source: P.A. 90-590, eff. 1-1-99.)