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Public Act 103-0191
Public Act 0191 103RD GENERAL ASSEMBLY
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Public Act 103-0191
| | HB3414 Enrolled | LRB103 30107 RLC 56531 b |
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| AN ACT concerning criminal law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Juvenile Court Act of 1987 is amended by | changing Sections 5-805 and 5-810 as follows:
| (705 ILCS 405/5-805)
| Sec. 5-805. Transfer of jurisdiction.
| (1) (Blank).
| (2) Presumptive transfer.
| (a) If the State's Attorney files a petition, at any | time prior to
commencement of the minor's trial, to permit | prosecution under the criminal
laws and the petition | alleges a minor 15 years of age or older
of an act that | constitutes a forcible felony under the laws of this | State, and
if a motion by the State's Attorney to | prosecute the minor under the criminal
laws of Illinois | for the alleged forcible felony alleges that (i) the minor | has
previously been adjudicated delinquent or found guilty | for commission of an act
that constitutes a forcible | felony under the laws of this State or any other state and
| (ii) the act that constitutes the offense was committed in | furtherance of
criminal activity by an organized gang, | and, if the juvenile judge
assigned to hear and determine |
| motions to transfer a case for prosecution in
the criminal | court determines that there is probable cause to believe | that the
allegations in the petition and motion are true, | there is a rebuttable
presumption that the minor is not a | fit and proper subject to be dealt with
under the Juvenile | Justice Reform Provisions of 1998 (Public Act 90-590),
and | that, except as provided in paragraph (b), the case should | be transferred
to the criminal court.
| (b) The judge shall enter an order permitting | prosecution under the
criminal laws of Illinois unless the | judge makes a finding based on clear and
convincing | evidence that the minor would be amenable to the care, | treatment,
and training programs available through the | facilities of the juvenile court
based on an evaluation of | the following:
| (i) the age of the minor;
| (ii) the history of the minor, including:
| (A) any previous delinquent or criminal | history of the minor, | (B) any previous abuse or neglect history of | the minor, and
| (C) any mental health, physical or educational | history of the minor or combination of these | factors, and ; | (D) any involvement of the minor in the child | welfare system; |
| (iii) the circumstances of the offense, including:
| (A) the seriousness of the offense,
| (B) whether the minor is charged through | accountability,
| (C) whether there is evidence the offense was | committed in an aggressive and premeditated | manner,
| (D) whether there is evidence the offense | caused serious bodily harm,
| (E) whether there is evidence the minor | possessed a deadly weapon, ;
| (F) whether there is evidence the minor was | subjected to outside pressure, including peer | pressure, familial pressure, or negative | influences, and | (G) the minor's degree of participation and | specific role in the offense; | (iv) the advantages of treatment within the | juvenile justice system including whether there are | facilities or programs, or both, particularly | available in the juvenile system;
| (v) whether the security of the public requires | sentencing under Chapter V of the Unified Code of | Corrections:
| (A) the minor's history of services, including | the minor's willingness to participate |
| meaningfully in available services;
| (B) whether there is a reasonable likelihood | that the minor can be rehabilitated before the | expiration of the juvenile court's jurisdiction;
| and | (C) the adequacy of the punishment or | services.
| In considering these factors, the court shall give | greater
weight to the seriousness of the alleged offense | and the minor's prior record
of delinquency than to the | other factors listed in this subsection.
| (3) Discretionary transfer.
| (a) If a petition alleges commission by a minor 13 | years of age or over of
an act that constitutes a crime | under the laws of this State and, on motion of
the State's | Attorney to permit prosecution of the minor under the | criminal
laws, a Juvenile Judge assigned by the Chief | Judge of the Circuit to hear and
determine those motions, | after hearing but before commencement of the
trial, finds | that there is probable cause to believe that the
| allegations in the motion are true and that it is not in | the best interests
of the public to proceed under this | Act, the court may enter an
order permitting prosecution | under the criminal laws.
| (b) In making its determination on the motion to | permit prosecution under
the criminal laws, the court |
| shall consider among other matters:
| (i) the age of the minor;
| (ii) the history of the minor, including:
| (A) any previous delinquent or criminal | history of the minor,
| (B) any previous abuse or neglect history of | the minor, and
| (C) any mental health, physical, or | educational history of the minor or combination of | these factors, and ;
| (D) any involvement of the minor in the child | welfare system; | (iii) the circumstances of the offense, including:
| (A) the seriousness of the offense,
| (B) whether the minor is charged through | accountability,
| (C) whether there is evidence the offense was | committed in an aggressive and premeditated | manner,
| (D) whether there is evidence the offense | caused serious bodily harm,
| (E) whether there is evidence the minor | possessed a deadly weapon, ;
| (F) whether there is evidence the minor was | subjected to outside pressure, including peer | pressure, familial pressure, or negative |
| influences, and | (G) the minor's degree of participation and | specific role in the offense; | (iv) the advantages of treatment within the | juvenile justice system including whether there are | facilities or programs, or both, particularly | available in the juvenile system;
| (v) whether the security of the public requires | sentencing under Chapter V of the Unified Code of | Corrections:
| (A) the minor's history of services, including | the minor's willingness to participate | meaningfully in available services;
| (B) whether there is a reasonable likelihood | that the minor can be rehabilitated before the | expiration of the juvenile court's jurisdiction;
| and | (C) the adequacy of the punishment or | services.
| In considering these factors, the court shall give | greater
weight to the seriousness of the alleged offense, | the minor's prior record
of delinquency than to the other | factors listed in this subsection.
| (4) The rules of evidence for this hearing shall be the | same as under
Section 5-705 of this Act. A minor must be | represented in court by counsel
before the hearing may be |
| commenced.
| (5) If criminal proceedings are instituted, the petition | for adjudication
of wardship shall be dismissed insofar as the | act or acts involved in the
criminal proceedings. Taking of | evidence in a trial on petition for
adjudication of wardship | is a bar to criminal proceedings based upon the
conduct | alleged in the petition.
| (6) When criminal prosecution is permitted under this | Section and a finding of guilt is entered, the criminal court | shall sentence the minor under Section 5-4.5-105 of the | Unified Code of Corrections. | (7) The changes made to this Section by this amendatory | Act of the 99th General Assembly apply to a minor who has been | taken into custody on or after the effective date of this | amendatory Act of the 99th General Assembly. | (Source: P.A. 99-258, eff. 1-1-16.)
| (705 ILCS 405/5-810)
| Sec. 5-810. Extended jurisdiction juvenile prosecutions.
| (1) (a) If the State's Attorney files a petition, at any | time prior to
commencement of the
minor's trial, to designate | the proceeding as an extended jurisdiction juvenile
| prosecution and the petition alleges the commission by a minor | 13 years of age
or
older of any offense which would be a felony | if committed by an adult, and, if
the
juvenile judge
assigned | to hear and determine petitions to designate the proceeding as |
| an
extended jurisdiction juvenile prosecution determines that | there is probable
cause to believe that the allegations in the | petition and motion are true,
there is a rebuttable | presumption that the proceeding shall be designated as an
| extended jurisdiction juvenile proceeding.
| (b) The judge shall enter an order designating the | proceeding as an
extended jurisdiction juvenile proceeding | unless the judge makes a finding
based on clear and convincing | evidence that sentencing under the Chapter V of
the Unified | Code of Corrections would not be appropriate for the minor | based on
an evaluation of the
following factors:
| (i) the age of the minor;
| (ii) the history of the minor, including:
| (A) any previous delinquent or criminal history of | the minor,
| (B) any previous abuse or neglect history of the | minor, and
| (C) any mental health, physical and/or educational | history of the minor, and ;
| (D) any involvement of the minor in the child | welfare system; | (iii) the circumstances of the offense, including:
| (A) the seriousness of the offense,
| (B) whether the minor is charged through | accountability,
| (C) whether there is evidence the offense was |
| committed in an aggressive and premeditated manner,
| (D) whether there is evidence the offense caused | serious bodily harm,
| (E) whether there is evidence the minor possessed | a deadly weapon, ;
| (F) whether there is evidence the minor was | subjected to outside pressure, including peer | pressure, familial pressure, or negative influences, | and | (G) the minor's degree of participation and | specific role in the offense; | (iv) the advantages of treatment within the juvenile | justice system including whether there are facilities or | programs, or both, particularly available in the juvenile | system;
| (v) whether the security of the public requires | sentencing under Chapter V of the Unified Code of | Corrections:
| (A) the minor's history of services, including the | minor's willingness to participate meaningfully in | available services;
| (B) whether there is a reasonable likelihood that | the minor can be rehabilitated before the expiration | of the juvenile court's jurisdiction;
| (C) the adequacy of the punishment or services.
| In considering these factors, the court shall give greater |
| weight to the
seriousness of the alleged offense, and the | minor's prior record of delinquency
than to other factors | listed in this subsection.
| (2) Procedures for extended
jurisdiction juvenile | prosecutions.
The State's Attorney may file a written motion | for a proceeding to be
designated as an extended juvenile | jurisdiction prior to
commencement of trial. Notice of the | motion shall be in
compliance with
Section 5-530. When the | State's Attorney files a written motion that a
proceeding be | designated an extended jurisdiction juvenile prosecution, the
| court shall commence a hearing within 30 days of the filing of | the motion for
designation, unless good cause is shown by the | prosecution or the minor as to
why the hearing could not be | held within this time period. If the court finds
good cause has | been demonstrated, then the hearing shall be held within 60 | days
of the filing of the motion. The hearings shall be open to | the public unless
the judge finds that the hearing should be | closed for the protection of any
party, victim or witness. If | the Juvenile Judge
assigned to hear and determine a motion to | designate an extended jurisdiction
juvenile prosecution | determines that there is probable cause to believe that
the | allegations in the petition and motion are true the court | shall grant the
motion for designation. Information used by | the court in its findings or
stated in or offered in connection | with this Section may be by way of proffer
based on reliable | information offered by the State or the minor. All evidence
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| shall be admissible if it is relevant and reliable regardless | of whether it
would be admissible under the rules of evidence.
| (3) Trial. A minor who is subject of an extended | jurisdiction juvenile
prosecution has the right to trial by | jury. Any trial under this Section shall
be open to the public.
| (4) Sentencing. If an extended jurisdiction juvenile | prosecution under
subsection (1)
results in a guilty plea, a | verdict of guilty, or a finding of guilt,
the court shall | impose the following:
| (i) one or more juvenile sentences under Section | 5-710; and
| (ii) an adult criminal sentence in accordance with the | provisions of
Section 5-4.5-105 of the Unified Code of | Corrections, the execution of which shall be stayed on the | condition that the
offender not violate the provisions of | the juvenile sentence.
| Any sentencing hearing under
this Section shall be open to the | public.
| (5) If, after an extended jurisdiction juvenile | prosecution trial, a minor
is convicted of a lesser-included | offense or of an offense that the State's
Attorney did not | designate as an extended jurisdiction juvenile prosecution,
| the State's Attorney may file a written motion, within 10 days | of the finding
of guilt, that
the minor be sentenced as an | extended jurisdiction juvenile prosecution
offender. The court | shall rule on this motion using the factors found in
paragraph |
| (1)(b) of Section 5-805. If the court denies the State's | Attorney's
motion for
sentencing under the extended | jurisdiction juvenile prosecution provision, the
court shall | proceed to sentence the minor under Section 5-710.
| (6) When it appears that a minor convicted in an extended | jurisdiction
juvenile prosecution under subsection (1) has | violated the
conditions of his or her sentence, or is alleged | to have committed a new
offense upon the filing of a petition | to revoke the stay, the
court may, without notice, issue a | warrant for the arrest of the minor.
After a hearing, if the | court finds by a
preponderance of the evidence that the minor | committed a new offense, the
court shall order execution of | the previously
imposed adult criminal sentence.
After a | hearing, if the court finds by a preponderance of the evidence
| that the minor committed a violation of his or her sentence | other than by a new
offense, the court may order execution of | the previously imposed adult criminal
sentence or may continue | him or her on the existing juvenile sentence with or
without | modifying or enlarging the conditions.
Upon revocation of the | stay of the adult criminal sentence
and imposition of
that | sentence, the minor's extended jurisdiction juvenile status | shall be
terminated.
The on-going jurisdiction over the | minor's case shall be assumed by the adult
criminal court and | juvenile court jurisdiction shall be terminated and a report
| of
the imposition of the adult sentence shall be sent to the | Department of State
Police.
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| (7) Upon successful completion of the juvenile sentence | the court shall
vacate the adult criminal sentence.
| (8) Nothing in this Section precludes the State from | filing a motion for
transfer under Section 5-805.
| (Source: P.A. 99-258, eff. 1-1-16.)
| Section 10. The Unified Code of Corrections is amended by | changing Section 5-4.5-105 as follows:
| (730 ILCS 5/5-4.5-105) | Sec. 5-4.5-105. SENTENCING OF INDIVIDUALS UNDER THE AGE OF | 18 AT THE TIME OF THE COMMISSION OF AN OFFENSE. | (a) On or after the effective date of this amendatory Act | of the 99th General Assembly, when a person commits an offense | and the person is under 18 years of age at the time of the | commission of the offense, the court, at the sentencing | hearing conducted under Section 5-4-1, shall consider the | following additional factors in mitigation in determining the | appropriate sentence: | (1) the person's age, impetuosity, and level of | maturity at the time of the offense, including the ability | to consider risks and consequences of behavior, and the | presence of cognitive or developmental disability, or | both, if any; | (2) whether the person was subjected to outside | pressure, including peer pressure, familial pressure, or |
| negative influences; | (3) the person's family, home environment, educational | and social background, including any history of parental | neglect, domestic or sexual violence, sexual exploitation, | physical abuse, or other childhood trauma including | adverse childhood experiences (or ACEs); | (4) the person's potential for rehabilitation or | evidence of rehabilitation, or both; | (5) the circumstances of the offense; | (6) the person's degree of participation and specific | role in the offense, including the level of planning by | the defendant before the offense; | (7) whether the person was able to meaningfully | participate in his or her defense; | (8) the person's prior juvenile or criminal history; | and | (9) the person's involvement in the child welfare | system; | (10) involvement of the person in the community; | (11) if a comprehensive mental health evaluation of | the person was conducted by a qualified mental health | professional, the outcome of the evaluation; and | 12 (9) any other information the court finds relevant | and reliable, including an expression of remorse, if | appropriate. However, if the person, on advice of counsel | chooses not to make a statement, the court shall not |
| consider a lack of an expression of remorse as an | aggravating factor. | (b) The trial judge shall specify on the record its | consideration of the factors under subsection (a) of this | Section. | (c) Notwithstanding any other provision of law, if the | court determines by clear and convincing evidence that the | individual against whom the person is convicted of committing | the offense previously committed a crime under Section 10-9, | Section 11-1.20, Section 11-1.30, Section 11-1.40, Section | 11-1.50, Section 11-1.60, Section 11-6, Section 11-6.5, | Section 11-6.6, Section 11-9.1, Section 11-14.3, Section | 11-14.4 or Section 11-18.1 under Criminal Code of 2012 against | the person within 3 years before the offense in which the | person was convicted, the court may, in its discretion: | (1) transfer the person to juvenile court for | sentencing under Section 5-710 of the Juvenile Court Act | of 1987; | (2) depart from any mandatory minimum sentence, | maximum sentence, or sentencing enhancement; or | (3) suspend any portion of an otherwise applicable | sentence. | (d) Subsection (c) shall be construed as prioritizing the | successful treatment and rehabilitation of persons under 18 | years of age who are sex crime victims who commit acts of | violence against their abusers. It is the General Assembly's |
| intent that these persons be viewed as victims and provided | treatment and services in the community, juvenile or family | court system. | (e) (b) Except as provided in subsection (f) (c), the | court may sentence the defendant to any disposition authorized | for the class of the offense of which he or she was found | guilty as described in Article 4.5 of this Code, and may, in | its discretion, decline to impose any otherwise applicable | sentencing enhancement based upon firearm possession, | possession with personal discharge, or possession with | personal discharge that proximately causes great bodily harm, | permanent disability, permanent disfigurement, or death to | another person. | (f) (c) Notwithstanding any other provision of law, if the | defendant is convicted of first degree murder and would | otherwise be subject to sentencing under clause (iii), (iv), | (v), or (vii) of subparagraph (c) of paragraph (1) of | subsection (a) of Section 5-8-1 of this Code based on the | category of persons identified therein, the court shall impose | a sentence of not less than 40 years of imprisonment, except | for persons convicted of first degree murder where subsection | (c) applies. In addition, the court may, in its discretion, | decline to impose the sentencing enhancements based upon the | possession or use of a firearm during the commission of the | offense included in subsection (d) of Section 5-8-1.
| (Source: P.A. 99-69, eff. 1-1-16; 99-258, eff. 1-1-16; 99-875, |
Effective Date: 1/1/2024
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