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92_HB4129eng HB4129 Engrossed LRB9213222RCcd 1 AN ACT in relation to minors 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 Section 5-130 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 HB4129 Engrossed -2- LRB9213222RCcd 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 HB4129 Engrossed -3- LRB9213222RCcd 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 HB4129 Engrossed -4- LRB9213222RCcd 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 HB4129 Engrossed -5- LRB9213222RCcd 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 paragraph (1), 30 (3), (4), or (10) of subsection (a) of Section 24-1 of the 31 Criminal Code of 1961 while in school, regardless of the time 32 of day or the time of year, or on the real property 33 comprising any school, regardless of the time of day or the 34 time of year. School is defined, for purposes of this HB4129 Engrossed -6- LRB9213222RCcd 1 Section as any public or private elementary or secondary 2 school, community college, college, or university. These 3 charges and all other charges arising out of the same 4 incident shall be prosecuted under the criminal laws of this 5 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 (3) 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 (3) 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 (3), 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 (3), 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 HB4129 Engrossed -7- LRB9213222RCcd 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 (4) (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 an offense was at least 13 years of age and who is 25 charged with first degree murder committed during the course 26 of either aggravated criminal sexual assault, criminal sexual 27 assault, or aggravated kidnaping. However, this subsection 28 (4) does not include a minor charged with first degree murder 29 based exclusively upon the accountability provisions of the 30 Criminal Code of 1961. 31 (b) (i) If before trial or plea an information or 32 indictment is filed that does not charge first degree murder 33 committed during the course of aggravated criminal sexual 34 assault, criminal sexual assault, or aggravated kidnaping, HB4129 Engrossed -8- LRB9213222RCcd 1 the State's Attorney may proceed on any lesser charge or 2 charges, but only in Juvenile Court under the provisions of 3 this Article. The State's Attorney may proceed under the 4 criminal laws of this State on a lesser charge if before 5 trial the minor defendant knowingly and with advice of 6 counsel waives, in writing, his or her right to have the 7 matter proceed in Juvenile Court. 8 (ii) If before trial or plea an information or 9 indictment is filed that includes first degree murder 10 committed during the course of aggravated criminal sexual 11 assault, criminal sexual assault, or aggravated kidnaping, 12 and additional charges that are not specified in paragraph 13 (a) of this subsection, all of the charges arising out of the 14 same incident shall be prosecuted under the criminal laws of 15 this State. 16 (c) (i) If after trial or plea the minor is convicted of 17 first degree murder committed during the course of aggravated 18 criminal sexual assault, criminal sexual assault, or 19 aggravated kidnaping, in sentencing the minor, the court 20 shall have available any or all dispositions prescribed for 21 that offense under Chapter V of the Unified Code of 22 Corrections. 23 (ii) If the minor was not yet 15 years of age at the 24 time of the offense, and if after trial or plea the court 25 finds that the minor committed an offense other than first 26 degree murder committed during the course of either 27 aggravated criminal sexual assault, criminal sexual assault, 28 or aggravated kidnapping, the finding shall not invalidate 29 the verdict or the prosecution of the minor under the 30 criminal laws of the State; however, unless the State 31 requests a hearing for the purpose of sentencing the minor 32 under Chapter V of the Unified Code of Corrections, the Court 33 must proceed under Sections 5-705 and 5-710 of this Article. 34 To request a hearing, the State must file a written motion HB4129 Engrossed -9- LRB9213222RCcd 1 within 10 days following the entry of a finding or the return 2 of a verdict. Reasonable notice of the motion shall be given 3 to the minor or his or her counsel. If the motion is made by 4 the State, the court shall conduct a hearing to determine 5 whether the minor should be sentenced under Chapter V of the 6 Unified Code of Corrections. In making its determination, 7 the court shall consider among other matters: (a) whether 8 there is evidence that the offense was committed in an 9 aggressive and premeditated manner; (b) the age of the 10 minor; (c) the previous delinquent history of the minor; 11 (d) whether there are facilities particularly available to 12 the Juvenile Court or the Department of Corrections, Juvenile 13 Division, for the treatment and rehabilitation of the minor; 14 (e) whether the best interest of the minor and the security 15 of the public require sentencing under Chapter V of the 16 Unified Code of Corrections; and (f) whether the minor 17 possessed a deadly weapon when committing the offense. The 18 rules of evidence shall be the same as if at trial. If after 19 the hearing the court finds that the minor should be 20 sentenced under Chapter V of the Unified Code of Corrections, 21 then the court shall sentence the minor accordingly having 22 available to it any or all dispositions so prescribed. 23 (5) (a) The definition of delinquent minor under Section 24 5-120 of this Article shall not apply to any minor who is 25 charged with a violation of subsection (a) of Section 31-6 or 26 Section 32-10 of the Criminal Code of 1961 when the minor is 27 subject to prosecution under the criminal laws of this State 28 as a result of the application of the provisions of Section 29 5-125, or subsection (1) or (2) of this Section. These 30 charges and all other charges arising out of the same 31 incident shall be prosecuted under the criminal laws of this 32 State. 33 (b) (i) If before trial or plea an information or 34 indictment is filed that does not charge an offense specified HB4129 Engrossed -10- LRB9213222RCcd 1 in paragraph (a) of this subsection (5), the State's Attorney 2 may proceed on any lesser charge or charges, but only in 3 Juvenile Court under the provisions of this Article. The 4 State's Attorney may proceed under the criminal laws of this 5 State on a lesser charge if before trial the minor defendant 6 knowingly and with advice of counsel waives, in writing, his 7 or her right to have the matter proceed in Juvenile Court. 8 (ii) If before trial or plea an information or 9 indictment is filed that includes one or more charges 10 specified in paragraph (a) of this subsection (5) and 11 additional charges that are not specified in that paragraph, 12 all of the charges arising out of the same incident shall be 13 prosecuted under the criminal laws of this State. 14 (c) (i) If after trial or plea the minor is convicted of 15 any offense covered by paragraph (a) of this subsection (5), 16 then, in sentencing the minor, the court shall have available 17 any or all dispositions prescribed for that offense under 18 Chapter V of the Unified Code of Corrections. 19 (ii) If after trial or plea the court finds that the 20 minor committed an offense not covered by paragraph (a) of 21 this subsection (5), the conviction shall not invalidate the 22 verdict or the prosecution of the minor under the criminal 23 laws of this State; however, unless the State requests a 24 hearing for the purpose of sentencing the minor under Chapter 25 V of the Unified Code of Corrections, the Court must proceed 26 under Sections 5-705 and 5-710 of this Article. To request a 27 hearing, the State must file a written motion within 10 days 28 following the entry of a finding or the return of a verdict. 29 Reasonable notice of the motion shall be given to the minor 30 or his or her counsel. If the motion is made by the State, 31 the court shall conduct a hearing to determine if whether the 32 minor should be sentenced under Chapter V of the Unified Code 33 of Corrections. In making its determination, the court shall 34 consider among other matters: (a) whether there is evidence HB4129 Engrossed -11- LRB9213222RCcd 1 that the offense was committed in an aggressive and 2 premeditated manner; (b) the age of the minor; (c) the 3 previous delinquent history of the minor; (d) whether there 4 are facilities particularly available to the Juvenile Court 5 or the Department of Corrections, Juvenile Division, for the 6 treatment and rehabilitation of the minor; (e) whether the 7 security of the public requires sentencing under Chapter V of 8 the Unified Code of Corrections; and (f) whether the minor 9 possessed a deadly weapon when committing the offense. The 10 rules of evidence shall be the same as if at trial. If after 11 the hearing the court finds that the minor should be 12 sentenced under Chapter V of the Unified Code of Corrections, 13 then the court shall sentence the minor accordingly having 14 available to it any or all dispositions so prescribed. 15 (6) The definition of delinquent minor under Section 16 5-120 of this Article shall not apply to any minor who, 17 pursuant to subsection (1), (2), or (3) or Section 5-805, or 18 5-810, has previously been placed under the jurisdiction of 19 the criminal court and has been convicted of a crime under an 20 adult criminal or penal statute. Such a minor shall be 21 subject to prosecution under the criminal laws of this State. 22 (7) The procedures set out in this Article for the 23 investigation, arrest and prosecution of juvenile offenders 24 shall not apply to minors who are excluded from jurisdiction 25 of the Juvenile Court, except that minors under 17 years of 26 age shall be kept separate from confined adults. 27 (8) Nothing in this Act prohibits or limits the 28 prosecution of any minor for an offense committed on or after 29 his or her 17th birthday even though he or she is at the time 30 of the offense a ward of the court. 31 (9) If an original petition for adjudication of wardship 32 alleges the commission by a minor 13 years of age or over of 33 an act that constitutes a crime under the laws of this State, 34 the minor, with the consent of his or her counsel, may, at HB4129 Engrossed -12- LRB9213222RCcd 1 any time before commencement of the adjudicatory hearing, 2 file with the court a motion that criminal prosecution be 3 ordered and that the petition be dismissed insofar as the act 4 or acts involved in the criminal proceedings are concerned. 5 If such a motion is filed as herein provided, the court shall 6 enter its order accordingly. 7 (10) If a minor is subject to the provisions of 8 subsection (2) of this Section, other than a minor charged 9 with a Class X felony violation of the Illinois Controlled 10 Substances Act, any party including the minor or the court 11 sua sponte may, before trial, move for a hearing for the 12 purpose of trying and sentencing the minor as a delinquent 13 minor. To request a hearing, the party must file a motion 14 prior to trial. Reasonable notice of the motion shall be 15 given to all parties. On its own motion or upon the filing of 16 a motion by one of the parties including the minor, the court 17 shall conduct a hearing to determine whether the minor should 18 be tried and sentenced as a delinquent minor under this 19 Article. In making its determination, the court shall 20 consider among other matters: 21 (a) The age of the minor; 22 (b) Any previous delinquent or criminal history of the 23 minor; 24 (c) Any previous abuse or neglect history of the minor; 25 (d) Any mental health or educational history of the 26 minor, or both; and 27 (e) Whether there is probable cause to support the 28 charge, whether the minor is charged through accountability, 29 and whether there is evidence the minor possessed a deadly 30 weapon or caused serious bodily harm during the offense. 31 Any material that is relevant and reliable shall be 32 admissible at the hearing. In all cases, the judge shall 33 enter an order permitting prosecution under the criminal laws 34 of Illinois unless the judge makes a finding based on a HB4129 Engrossed -13- LRB9213222RCcd 1 preponderance of the evidence that the minor would be 2 amenable to the care, treatment, and training programs 3 available through the facilities of the juvenile court based 4 on an evaluation of the factors listed in this subsection 5 (10). 6 (Source: P.A. 91-15, eff. 1-1-00; 91-673, eff. 12-22-99; 7 92-16, eff. 6-28-01.)