HB3718 Enrolled LRB099 11130 RLC 31593 b
1		AN ACT concerning courts.
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 Sections 5-130, 5-407, 5-805, and 5-810 and by adding
6		Section 5-822 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 16 15 years of age and who is
12		charged with: (i) first degree murder, (ii) aggravated criminal
13		sexual assault, or (iii) aggravated battery with a firearm as
14		described in Section 12-4.2 or subdivision (e)(1), (e)(2),
15		(e)(3), or (e)(4) of Section 12-3.05 where the minor personally
16		discharged a firearm as defined in Section 2-15.5 of the
17		Criminal Code of 1961 or the Criminal Code of 2012, (iv) armed
18		robbery when the armed robbery was committed with a firearm, or
19		(v) aggravated vehicular hijacking when the hijacking was
20		committed with a firearm.
21		These charges and all other charges arising out of the same
22		incident shall be prosecuted under the criminal laws of this
23		State.

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1		(b)(i) If before trial or plea an information or indictment
2		is filed that does not charge an offense specified in paragraph
3		(a) of this subsection (1) the State's Attorney may proceed on
4		any lesser charge or charges, but only in Juvenile Court under
5		the provisions of this Article. The State's Attorney may
6		proceed on a lesser charge if before trial the minor defendant
7		knowingly and with advice of counsel waives, in writing, his or
8		her right to have the matter proceed in Juvenile Court.
9		(ii) If before trial or plea an information or indictment
10		is filed that includes one or more charges specified in
11		paragraph (a) of this subsection (1) and additional charges
12		that are not specified in that paragraph, all of the charges
13		arising out of the same incident shall be prosecuted under the
14		Criminal Code of 1961 or the Criminal Code of 2012.
15		(c)(i) If after trial or plea the minor is convicted of any
16		offense covered by paragraph (a) of this subsection (1), then,
17		in sentencing the minor, the court shall sentence the minor
18		under Section 5-4.5-105 of the Unified Code of Corrections have
19		available any or all dispositions prescribed for that offense
20		under Chapter V of the Unified Code of Corrections.
21		(ii) If after trial or plea the court finds that the minor
22		committed an offense not covered by paragraph (a) of this
23		subsection (1), that finding shall not invalidate the verdict
24		or the prosecution of the minor under the criminal laws of the
25		State; however, unless the State requests a hearing for the
26		purpose of sentencing the minor under Chapter V of the Unified

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1		Code of Corrections, the Court must proceed under Sections
2		5-705 and 5-710 of this Article. To request a hearing, the
3		State must file a written motion within 10 days following the
4		entry of a finding or the return of a verdict. Reasonable
5		notice of the motion shall be given to the minor or his or her
6		counsel. If the motion is made by the State, the court shall
7		conduct a hearing to determine if the minor should be sentenced
8		under Chapter V of the Unified Code of Corrections. In making
9		its determination, the court shall consider among other
10		matters: (a) whether there is evidence that the offense was
11		committed in an aggressive and premeditated manner; (b) the age
12		of the minor; (c) the previous history of the minor; (d)
13		whether there are facilities particularly available to the
14		Juvenile Court or the Department of Juvenile Justice for the
15		treatment and rehabilitation of the minor; (e) whether the
16		security of the public requires sentencing under Chapter V of
17		the Unified Code of Corrections; and (f) whether the minor
18		possessed a deadly weapon when committing the offense. The
19		rules of evidence shall be the same as if at trial. If after
20		the hearing the court finds that the minor should be sentenced
21		under Chapter V of the Unified Code of Corrections, then the
22		court shall sentence the minor under Section 5-4.5-105 of the
23		Unified Code of Corrections accordingly having available to it
24		any or all dispositions so prescribed.
25		(2) (Blank).
26		(3) (Blank). (a) The definition of delinquent minor under

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1		Section 5-120 of this Article shall not apply to any minor who
2		at the time of the offense was at least 15 years of age and who
3		is charged with a violation of the provisions of paragraph (1),
4		(3), (4), or (10) of subsection (a) of Section 24-1 of the
5		Criminal Code of 1961 or the Criminal Code of 2012 while in
6		school, regardless of the time of day or the time of year, or
7		on the real property comprising any school, regardless of the
8		time of day or the time of year. School is defined, for
9		purposes of this Section as any public or private elementary or
10		secondary school, community college, college, or university.
11		These charges and all other charges arising out of the same
12		incident shall be prosecuted under the criminal laws of this
13		State.
14		(b)(i) If before trial or plea an information or indictment
15		is filed that does not charge an offense specified in paragraph
16		(a) of this subsection (3) the State's Attorney may proceed on
17		any lesser charge or charges, but only in Juvenile Court under
18		the provisions of this Article. The State's Attorney may
19		proceed under the criminal laws of this State on a lesser
20		charge if before trial the minor defendant knowingly and with
21		advice of counsel waives, in writing, his or her right to have
22		the matter proceed in Juvenile Court.
23		(ii) If before trial or plea an information or indictment
24		is filed that includes one or more charges specified in
25		paragraph (a) of this subsection (3) and additional charges
26		that are not specified in that paragraph, all of the charges

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1		arising out of the same incident shall be prosecuted under the
2		criminal laws of this State.
3		(c)(i) If after trial or plea the minor is convicted of any
4		offense covered by paragraph (a) of this subsection (3), then,
5		in sentencing the minor, the court shall have available any or
6		all dispositions prescribed for that offense under Chapter V of
7		the Unified Code of Corrections.
8		(ii) If after trial or plea the court finds that the minor
9		committed an offense not covered by paragraph (a) of this
10		subsection (3), that finding shall not invalidate the verdict
11		or the prosecution of the minor under the criminal laws of the
12		State; however, unless the State requests a hearing for the
13		purpose of sentencing the minor under Chapter V of the Unified
14		Code of Corrections, the Court must proceed under Sections
15		5-705 and 5-710 of this Article. To request a hearing, the
16		State must file a written motion within 10 days following the
17		entry of a finding or the return of a verdict. Reasonable
18		notice of the motion shall be given to the minor or his or her
19		counsel. If the motion is made by the State, the court shall
20		conduct a hearing to determine if the minor should be sentenced
21		under Chapter V of the Unified Code of Corrections. In making
22		its determination, the court shall consider among other
23		matters: (a) whether there is evidence that the offense was
24		committed in an aggressive and premeditated manner; (b) the age
25		of the minor; (c) the previous history of the minor; (d)
26		whether there are facilities particularly available to the

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1		Juvenile Court or the Department of Juvenile Justice for the
2		treatment and rehabilitation of the minor; (e) whether the
3		security of the public requires sentencing under Chapter V of
4		the Unified Code of Corrections; and (f) whether the minor
5		possessed a deadly weapon when committing the offense. The
6		rules of evidence shall be the same as if at trial. If after
7		the hearing the court finds that the minor should be sentenced
8		under Chapter V of the Unified Code of Corrections, then the
9		court shall sentence the minor accordingly having available to
10		it any or all dispositions so prescribed.
11		(4) (Blank). (a) The definition of delinquent minor under
12		Section 5-120 of this Article shall not apply to any minor who
13		at the time of an offense was at least 13 years of age and who
14		is charged with first degree murder committed during the course
15		of either aggravated criminal sexual assault, criminal sexual
16		assault, or aggravated kidnaping. However, this subsection (4)
17		does not include a minor charged with first degree murder based
18		exclusively upon the accountability provisions of the Criminal
19		Code of 1961 or the Criminal Code of 2012.
20		(b)(i) If before trial or plea an information or indictment
21		is filed that does not charge first degree murder committed
22		during the course of aggravated criminal sexual assault,
23		criminal sexual assault, or aggravated kidnaping, the State's
24		Attorney may proceed on any lesser charge or charges, but only
25		in Juvenile Court under the provisions of this Article. The
26		State's Attorney may proceed under the criminal laws of this

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1		State on a lesser charge if before trial the minor defendant
2		knowingly and with advice of counsel waives, in writing, his or
3		her right to have the matter proceed in Juvenile Court.
4		(ii) If before trial or plea an information or indictment
5		is filed that includes first degree murder committed during the
6		course of aggravated criminal sexual assault, criminal sexual
7		assault, or aggravated kidnaping, and additional charges that
8		are not specified in paragraph (a) of this subsection, all of
9		the charges arising out of the same incident shall be
10		prosecuted under the criminal laws of 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 shall
15		have available any or all dispositions prescribed for that
16		offense under Chapter V of the Unified Code of Corrections.
17		(ii) If the minor was not yet 15 years of age at the time of
18		the offense, and if after trial or plea the court finds that
19		the minor committed an offense other than first degree murder
20		committed during the course of either aggravated criminal
21		sexual assault, criminal sexual assault, or aggravated
22		kidnapping, the finding shall not invalidate the verdict or the
23		prosecution of the minor under the criminal laws of the State;
24		however, unless the State requests a hearing for the purpose of
25		sentencing the minor under Chapter V of the Unified Code of
26		Corrections, the Court must proceed under Sections 5-705 and

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1		5-710 of this Article. To request a hearing, the State must
2		file a written motion within 10 days following the entry of a
3		finding or the return of a verdict. Reasonable notice of the
4		motion shall be given to the minor or his or her counsel. If
5		the motion is made by the State, the court shall conduct a
6		hearing to determine whether the minor should be sentenced
7		under Chapter V of the Unified Code of Corrections. In making
8		its determination, the court shall consider among other
9		matters: (a) whether there is evidence that the offense was
10		committed in an aggressive and premeditated manner; (b) the age
11		of the minor; (c) the previous delinquent history of the minor;
12		(d) whether there are facilities particularly available to the
13		Juvenile Court or the Department of Juvenile Justice for the
14		treatment and rehabilitation of the minor; (e) whether the best
15		interest of the minor and the security of the public require
16		sentencing under Chapter V of the Unified Code of Corrections;
17		and (f) whether the minor possessed a deadly weapon when
18		committing the offense. The rules of evidence shall be the same
19		as if at trial. If after the hearing the court finds that the
20		minor should be sentenced under Chapter V of the Unified Code
21		of Corrections, then the court shall sentence the minor
22		accordingly having available to it any or all dispositions so
23		prescribed.
24		(5) (Blank). (a) The definition of delinquent minor under
25		Section 5-120 of this Article shall not apply to any minor who
26		is charged with a violation of subsection (a) of Section 31-6

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1		or Section 32-10 of the Criminal Code of 1961 or the Criminal
2		Code of 2012 when the minor is subject to prosecution under the
3		criminal laws of this State as a result of the application of
4		the provisions of Section 5-125, or subsection (1) or (2) of
5		this Section. These charges and all other charges arising out
6		of the same incident shall be prosecuted under the criminal
7		laws of this State.
8		(b)(i) If before trial or plea an information or indictment
9		is filed that does not charge an offense specified in paragraph
10		(a) of this subsection (5), the State's Attorney may proceed on
11		any lesser charge or charges, but only in Juvenile Court under
12		the provisions of this Article. The State's Attorney may
13		proceed under the criminal laws of this State on a lesser
14		charge if before trial the minor defendant knowingly and with
15		advice of counsel waives, in writing, his or her right to have
16		the matter proceed in Juvenile Court.
17		(ii) If before trial or plea an information or indictment
18		is filed that includes one or more charges specified in
19		paragraph (a) of this subsection (5) and additional charges
20		that are not specified in that paragraph, all of the charges
21		arising out of the same incident shall be prosecuted under the
22		criminal laws of this State.
23		(c)(i) If after trial or plea the minor is convicted of any
24		offense covered by paragraph (a) of this subsection (5), then,
25		in sentencing the minor, the court shall have available any or
26		all dispositions prescribed for that offense under Chapter V of

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1		the Unified Code of Corrections.
2		(ii) If after trial or plea the court finds that the minor
3		committed an offense not covered by paragraph (a) of this
4		subsection (5), the conviction shall not invalidate the verdict
5		or the prosecution of the minor under the criminal laws of this
6		State; however, unless the State requests a hearing for the
7		purpose of sentencing the minor under Chapter V of the Unified
8		Code of Corrections, the Court must proceed under Sections
9		5-705 and 5-710 of this Article. To request a hearing, the
10		State must file a written motion within 10 days following the
11		entry of a finding or the return of a verdict. Reasonable
12		notice of the motion shall be given to the minor or his or her
13		counsel. If the motion is made by the State, the court shall
14		conduct a hearing to determine if whether the minor should be
15		sentenced under Chapter V of the Unified Code of Corrections.
16		In making its determination, the court shall consider among
17		other matters: (a) whether there is evidence that the offense
18		was committed in an aggressive and premeditated manner; (b) the
19		age of the minor; (c) the previous delinquent history of the
20		minor; (d) whether there are facilities particularly available
21		to the Juvenile Court or the Department of Juvenile Justice for
22		the treatment and rehabilitation of the minor; (e) whether the
23		security of the public requires sentencing under Chapter V of
24		the Unified Code of Corrections; and (f) whether the minor
25		possessed a deadly weapon when committing the offense. The
26		rules of evidence shall be the same as if at trial. If after

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1		the hearing the court finds that the minor should be sentenced
2		under Chapter V of the Unified Code of Corrections, then the
3		court shall sentence the minor accordingly having available to
4		it any or all dispositions so prescribed.
5		(6) (Blank). The definition of delinquent minor under
6		Section 5-120 of this Article shall not apply to any minor who,
7		pursuant to subsection (1) or (3) or Section 5-805 or 5-810,
8		has previously been placed under the jurisdiction of the
9		criminal court and has been convicted of a crime under an adult
10		criminal or penal statute. Such a minor shall be subject to
11		prosecution under the criminal laws of this State.
12		(7) The procedures set out in this Article for the
13		investigation, arrest and prosecution of juvenile offenders
14		shall not apply to minors who are excluded from jurisdiction of
15		the Juvenile Court, except that minors under 18 years of age
16		shall be kept separate from confined adults.
17		(8) Nothing in this Act prohibits or limits the prosecution
18		of any minor for an offense committed on or after his or her
19		18th birthday even though he or she is at the time of the
20		offense a ward of the court.
21		(9) If an original petition for adjudication of wardship
22		alleges the commission by a minor 13 years of age or over of an
23		act that constitutes a crime under the laws of this State, the
24		minor, with the consent of his or her counsel, may, at any time
25		before commencement of the adjudicatory hearing, file with the
26		court a motion that criminal prosecution be ordered and that

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1		the petition be dismissed insofar as the act or acts involved
2		in the criminal proceedings are concerned. If such a motion is
3		filed as herein provided, the court shall enter its order
4		accordingly.
5		(10) If, prior to August 12, 2005 (the effective date of
6		Public Act 94-574), a minor is charged with a violation of
7		Section 401 of the Illinois Controlled Substances Act under the
8		criminal laws of this State, other than a minor charged with a
9		Class X felony violation of the Illinois Controlled Substances
10		Act or the Methamphetamine Control and Community Protection
11		Act, any party including the minor or the court sua sponte may,
12		before trial, move for a hearing for the purpose of trying and
13		sentencing the minor as a delinquent minor. To request a
14		hearing, the party must file a motion prior to trial.
15		Reasonable notice of the motion shall be given to all parties.
16		On its own motion or upon the filing of a motion by one of the
17		parties including the minor, the court shall conduct a hearing
18		to determine whether the minor should be tried and sentenced as
19		a delinquent minor under this Article. In making its
20		determination, the court shall 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

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1		(e) Whether there is probable cause to support the
2		charge, whether the minor is charged through
3		accountability, and whether there is evidence the minor
4		possessed a deadly weapon or caused serious bodily harm
5		during the offense.
6		Any material that is relevant and reliable shall be
7		admissible at the hearing. In all cases, the judge shall enter
8		an order permitting prosecution under the criminal laws of
9		Illinois unless the judge makes a finding based on a
10		preponderance of the evidence that the minor would be amenable
11		to the care, treatment, and training programs available through
12		the facilities of the juvenile court based on an evaluation of
13		the factors listed in this subsection (10).
14		(11) The changes made to this Section by Public Act 98-61
15		apply to a minor who has been arrested or taken into custody on
16		or after January 1, 2014 (the effective date of Public Act
17		98-61).
18		(Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14;
19		98-756, eff. 7-16-14.)
20		(705 ILCS 405/5-407)
21		Sec. 5-407. Processing of juvenile in possession of a
22		firearm.
23		(a) If a law enforcement officer detains a minor pursuant
24		to Section 10-27.1A of the School Code, the officer shall
25		deliver the minor to the nearest juvenile officer, in the

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1		manner prescribed by subsection (2) of Section 5-405 of this
2		Act. The juvenile officer shall deliver the minor without
3		unnecessary delay to the court or to the place designated by
4		rule or order of court for the reception of minors. In no event
5		shall the minor be eligible for any other disposition by the
6		juvenile police officer, notwithstanding the provisions of
7		subsection (3) of Section 5-405 of this Act.
8		(b) Minors not excluded from this Act's jurisdiction under
9		subsection (3)(a) of Section 5-130 of this Act shall be brought
10		before a judicial officer within 40 hours, exclusive of
11		Saturdays, Sundays, and court-designated holidays, for a
12		detention hearing to determine whether he or she shall be
13		further held in custody. If the court finds that there is
14		probable cause to believe that the minor is a delinquent minor
15		by virtue of his or her violation of item (4) of subsection (a)
16		of Section 24-1 of the Criminal Code of 1961 or the Criminal
17		Code of 2012 while on school grounds, that finding shall create
18		a presumption that immediate and urgent necessity exists under
19		subdivision (2) of Section 5-501 of this Act. Once the
20		presumption of immediate and urgent necessity has been raised,
21		the burden of demonstrating the lack of immediate and urgent
22		necessity shall be on any party that is opposing detention for
23		the minor. Should the court order detention pursuant to this
24		Section, the minor shall be detained, pending the results of a
25		court-ordered psychological evaluation to determine if the
26		minor is a risk to himself, herself, or others. Upon receipt of

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1		the psychological evaluation, the court shall review the
2		determination regarding the existence of urgent and immediate
3		necessity. The court shall consider the psychological
4		evaluation in conjunction with the other factors identified in
5		subdivision (2) of Section 5-501 of this Act in order to make a
6		de novo determination regarding whether it is a matter of
7		immediate and urgent necessity for the protection of the minor
8		or of the person or property of another that the minor be
9		detained or placed in a shelter care facility. In addition to
10		the pre-trial conditions found in Section 5-505 of this Act,
11		the court may order the minor to receive counseling and any
12		other services recommended by the psychological evaluation as a
13		condition for release of the minor.
14		(c) Upon making a determination that the student presents a
15		risk to himself, herself, or others, the court shall issue an
16		order restraining the student from entering the property of the
17		school if he or she has been suspended or expelled from the
18		school as a result of possessing a firearm. The order shall
19		restrain the student from entering the school and school owned
20		or leased property, including any conveyance owned, leased, or
21		contracted by the school to transport students to or from
22		school or a school-related activity. The order shall remain in
23		effect until such time as the court determines that the student
24		no longer presents a risk to himself, herself, or others.
25		(d) Psychological evaluations ordered pursuant to
26		subsection (b) of this Section and statements made by the minor

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1		during the course of these evaluations, shall not be admissible
2		on the issue of delinquency during the course of any
3		adjudicatory hearing held under this Act.
4		(e) In this Section:
5		"School" means any public or private elementary or
6		secondary school.
7		"School grounds" includes the real property comprising any
8		school, any conveyance owned, leased, or contracted by a school
9		to transport students to or from school or a school-related
10		activity, or any public way within 1,000 feet of the real
11		property comprising any school.
12		(Source: P.A. 97-1150, eff. 1-25-13.)
13		(705 ILCS 405/5-805)
14		Sec. 5-805. Transfer of jurisdiction.
15		(1) (Blank). Mandatory transfers.
16		(a) If a petition alleges commission by a minor 15
17		years of age or older of an act that constitutes a forcible
18		felony under the laws of this State, and if a motion by the
19		State's Attorney to prosecute the minor under the criminal
20		laws of Illinois for the alleged forcible felony alleges
21		that (i) the minor has previously been adjudicated
22		delinquent or found guilty for commission of an act that
23		constitutes a felony under the laws of this State or any
24		other state and (ii) the act that constitutes the offense
25		was committed in furtherance of criminal activity by an

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1		organized gang, the Juvenile Judge assigned to hear and
2		determine those motions shall, upon determining that there
3		is probable cause that both allegations are true, enter an
4		order permitting prosecution under the criminal laws of
5		Illinois.
6		(b) If a petition alleges commission by a minor 15
7		years of age or older of an act that constitutes a felony
8		under the laws of this State, and if a motion by a State's
9		Attorney to prosecute the minor under the criminal laws of
10		Illinois for the alleged felony alleges that (i) the minor
11		has previously been adjudicated delinquent or found guilty
12		for commission of an act that constitutes a forcible felony
13		under the laws of this State or any other state and (ii)
14		the act that constitutes the offense was committed in
15		furtherance of criminal activities by an organized gang,
16		the Juvenile Judge assigned to hear and determine those
17		motions shall, upon determining that there is probable
18		cause that both allegations are true, enter an order
19		permitting prosecution under the criminal laws of
20		Illinois.
21		(c) If a petition alleges commission by a minor 15
22		years of age or older of: (i) an act that constitutes an
23		offense enumerated in the presumptive transfer provisions
24		of subsection (2); and (ii) the minor has previously been
25		adjudicated delinquent or found guilty of a forcible
26		felony, the Juvenile Judge designated to hear and determine

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1		those motions shall, upon determining that there is
2		probable cause that both allegations are true, enter an
3		order permitting prosecution under the criminal laws of
4		Illinois.
5		(d) If a petition alleges commission by a minor 15
6		years of age or older of an act that constitutes the
7		offense of aggravated discharge of a firearm committed in a
8		school, on the real property comprising a school, within
9		1,000 feet of the real property comprising a school, at a
10		school related activity, or on, boarding, or departing from
11		any conveyance owned, leased, or contracted by a school or
12		school district to transport students to or from school or
13		a school related activity, regardless of the time of day or
14		the time of year, the juvenile judge designated to hear and
15		determine those motions shall, upon determining that there
16		is probable cause that the allegations are true, enter an
17		order permitting prosecution under the criminal laws of
18		Illinois.
19		For purposes of this paragraph (d) of subsection (1):
20		"School" means a public or private elementary or
21		secondary school, community college, college, or
22		university.
23		"School related activity" means any sporting, social,
24		academic, or other activity for which students' attendance
25		or participation is sponsored, organized, or funded in
26		whole or in part by a school or school district.

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1		(2) Presumptive transfer.
2		(a) If the State's Attorney files a petition, at any
3		time prior to commencement of the minor's trial, to permit
4		prosecution under the criminal laws and the petition
5		alleges a minor 15 years of age or older of an act that
6		constitutes a forcible felony under the laws of this State,
7		and if a motion by the State's Attorney to prosecute the
8		minor under the criminal laws of Illinois for the alleged
9		forcible felony alleges that (i) the minor has previously
10		been adjudicated delinquent or found guilty for commission
11		of an act that constitutes a forcible felony under the laws
12		of this State or any other state and (ii) the act that
13		constitutes the offense was committed in furtherance of
14		criminal activity by an organized gang, the commission by a
15		minor 15 years of age or older of: (i) a Class X felony
16		other than armed violence; (ii) aggravated discharge of a
17		firearm; (iii) armed violence with a firearm when the
18		predicate offense is a Class 1 or Class 2 felony and the
19		State's Attorney's motion to transfer the case alleges that
20		the offense committed is in furtherance of the criminal
21		activities of an organized gang; (iv) armed violence with a
22		firearm when the predicate offense is a violation of the
23		Illinois Controlled Substances Act, a violation of the
24		Cannabis Control Act, or a violation of the Methamphetamine
25		Control and Community Protection Act; (v) armed violence
26		when the weapon involved was a machine gun or other weapon

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1		described in subsection (a)(7) of Section 24-1 of the
2		Criminal Code of 1961 or the Criminal Code of 2012; (vi) an
3		act in violation of Section 401 of the Illinois Controlled
4		Substances Act which is a Class X felony, while in a
5		school, regardless of the time of day or the time of year,
6		or on any conveyance owned, leased, or contracted by a
7		school to transport students to or from school or a school
8		related activity, or on residential property owned,
9		operated, or managed by a public housing agency or leased
10		by a public housing agency as part of a scattered site or
11		mixed-income development; or (vii) an act in violation of
12		Section 401 of the Illinois Controlled Substances Act and
13		the offense is alleged to have occurred while in a school
14		or on a public way within 1,000 feet of the real property
15		comprising any school, regardless of the time of day or the
16		time of year when the delivery or intended delivery of any
17		amount of the controlled substance is to a person under 17
18		years of age, (to qualify for a presumptive transfer under
19		paragraph (vi) or (vii) of this clause (2)(a), the
20		violation cannot be based upon subsection (b) of Section
21		407 of the Illinois Controlled Substances Act) and, if the
22		juvenile judge assigned to hear and determine motions to
23		transfer a case for prosecution in the criminal court
24		determines that there is probable cause to believe that the
25		allegations in the petition and motion are true, there is a
26		rebuttable presumption that the minor is not a fit and

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1		proper subject to be dealt with under the Juvenile Justice
2		Reform Provisions of 1998 (Public Act 90-590), and that,
3		except as provided in paragraph (b), the case should be
4		transferred to the criminal court.
5		(b) The judge shall enter an order permitting
6		prosecution under the criminal laws of Illinois unless the
7		judge makes a finding based on clear and convincing
8		evidence that the minor would be amenable to the care,
9		treatment, and training programs available through the
10		facilities of the juvenile court based on an evaluation of
11		the following:
12		(i) the age of the minor;
13		(ii) the history of the minor, including:
14		(A) any previous delinquent or criminal
15		history of the minor,
16		(B) any previous abuse or neglect history of
17		the minor, and
18		(C) any mental health, physical or educational
19		history of the minor or combination of these
20		factors;
21		(iii) the circumstances of the offense, including:
22		(A) the seriousness of the offense,
23		(B) whether the minor is charged through
24		accountability,
25		(C) whether there is evidence the offense was
26		committed in an aggressive and premeditated

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1		manner,
2		(D) whether there is evidence the offense
3		caused serious bodily harm,
4		(E) whether there is evidence the minor
5		possessed a deadly weapon;
6		(iv) the advantages of treatment within the
7		juvenile justice system including whether there are
8		facilities or programs, or both, particularly
9		available in the juvenile system;
10		(v) whether the security of the public requires
11		sentencing under Chapter V of the Unified Code of
12		Corrections:
13		(A) the minor's history of services, including
14		the minor's willingness to participate
15		meaningfully in available services;
16		(B) whether there is a reasonable likelihood
17		that the minor can be rehabilitated before the
18		expiration of the juvenile court's jurisdiction;
19		(C) the adequacy of the punishment or
20		services.
21		In considering these factors, the court shall give
22		greater weight to the seriousness of the alleged offense
23		and the minor's prior record of delinquency than to the
24		other factors listed in this subsection.
25		For purposes of clauses (2)(a)(vi) and (vii):
26		"School" means a public or private elementary or secondary

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1		school, community college, college, or university.
2		"School related activity" means any sporting, social,
3		academic, or other activity for which students' attendance or
4		participation is sponsored, organized, or funded in whole or in
5		part by a school or school district.
6		(3) Discretionary transfer.
7		(a) If a petition alleges commission by a minor 13
8		years of age or over of an act that constitutes a crime
9		under the laws of this State and, on motion of the State's
10		Attorney to permit prosecution of the minor under the
11		criminal laws, a Juvenile Judge assigned by the Chief Judge
12		of the Circuit to hear and determine those motions, after
13		hearing but before commencement of the trial, finds that
14		there is probable cause to believe that the allegations in
15		the motion are true and that it is not in the best
16		interests of the public to proceed under this Act, the
17		court may enter an order permitting prosecution under the
18		criminal laws.
19		(b) In making its determination on the motion to permit
20		prosecution under the criminal laws, the court shall
21		consider among other matters:
22		(i) the age of the minor;
23		(ii) the history of the minor, including:
24		(A) any previous delinquent or criminal
25		history of the minor,
26		(B) any previous abuse or neglect history of

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1		the minor, and
2		(C) any mental health, physical, or
3		educational history of the minor or combination of
4		these factors;
5		(iii) the circumstances of the offense, including:
6		(A) the seriousness of the offense,
7		(B) whether the minor is charged through
8		accountability,
9		(C) whether there is evidence the offense was
10		committed in an aggressive and premeditated
11		manner,
12		(D) whether there is evidence the offense
13		caused serious bodily harm,
14		(E) whether there is evidence the minor
15		possessed a deadly weapon;
16		(iv) the advantages of treatment within the
17		juvenile justice system including whether there are
18		facilities or programs, or both, particularly
19		available in the juvenile system;
20		(v) whether the security of the public requires
21		sentencing under Chapter V of the Unified Code of
22		Corrections:
23		(A) the minor's history of services, including
24		the minor's willingness to participate
25		meaningfully in available services;
26		(B) whether there is a reasonable likelihood

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1		that the minor can be rehabilitated before the
2		expiration of the juvenile court's jurisdiction;
3		(C) the adequacy of the punishment or
4		services.
5		In considering these factors, the court shall give
6		greater weight to the seriousness of the alleged offense,
7		and the minor's prior record of delinquency than to the
8		other factors listed in this subsection.
9		(4) The rules of evidence for this hearing shall be the
10		same as under Section 5-705 of this Act. A minor must be
11		represented in court by counsel before the hearing may be
12		commenced.
13		(5) If criminal proceedings are instituted, the petition
14		for adjudication of wardship shall be dismissed insofar as the
15		act or acts involved in the criminal proceedings. Taking of
16		evidence in a trial on petition for adjudication of wardship is
17		a bar to criminal proceedings based upon the conduct alleged in
18		the petition.
19		(6) When criminal prosecution is permitted under this
20		Section and a finding of guilt is entered, the criminal court
21		shall sentence the minor under Section 5-4.5-105 of the Unified
22		Code of Corrections.
23		(7) The changes made to this Section by this amendatory Act
24		of the 99th General Assembly apply to a minor who has been
25		taken into custody on or after the effective date of this
26		amendatory Act of the 99th General Assembly.

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1		(Source: P.A. 97-1150, eff. 1-25-13.)
2		(705 ILCS 405/5-810)
3		Sec. 5-810. Extended jurisdiction juvenile prosecutions.
4		(1) (a) If the State's Attorney files a petition, at any
5		time prior to commencement of the minor's trial, to designate
6		the proceeding as an extended jurisdiction juvenile
7		prosecution and the petition alleges the commission by a minor
8		13 years of age or older of any offense which would be a felony
9		if committed by an adult, and, if the juvenile judge assigned
10		to hear and determine petitions to designate the proceeding as
11		an extended jurisdiction juvenile prosecution determines that
12		there is probable cause to believe that the allegations in the
13		petition and motion are true, there is a rebuttable presumption
14		that the proceeding shall be designated as an extended
15		jurisdiction juvenile proceeding.
16		(b) The judge shall enter an order designating the
17		proceeding as an extended jurisdiction juvenile proceeding
18		unless the judge makes a finding based on clear and convincing
19		evidence that sentencing under the Chapter V of the Unified
20		Code of Corrections would not be appropriate for the minor
21		based on an evaluation of the following factors:
22		(i) the age of the minor;
23		(ii) the history of the minor, including:
24		(A) any previous delinquent or criminal history of
25		the minor,

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1		(B) any previous abuse or neglect history of the
2		minor, and
3		(C) any mental health, physical and/or educational
4		history of the minor;
5		(iii) the circumstances of the offense, including:
6		(A) the seriousness of the offense,
7		(B) whether the minor is charged through
8		accountability,
9		(C) whether there is evidence the offense was
10		committed in an aggressive and premeditated manner,
11		(D) whether there is evidence the offense caused
12		serious bodily harm,
13		(E) whether there is evidence the minor possessed a
14		deadly weapon;
15		(iv) the advantages of treatment within the juvenile
16		justice system including whether there are facilities or
17		programs, or both, particularly available in the juvenile
18		system;
19		(v) whether the security of the public requires
20		sentencing under Chapter V of the Unified Code of
21		Corrections:
22		(A) the minor's history of services, including the
23		minor's willingness to participate meaningfully in
24		available services;
25		(B) whether there is a reasonable likelihood that
26		the minor can be rehabilitated before the expiration of

HB3718 Enrolled - 28 - LRB099 11130 RLC 31593 b
1		the juvenile court's jurisdiction;
2		(C) the adequacy of the punishment or services.
3		In considering these factors, the court shall give greater
4		weight to the seriousness of the alleged offense, and the
5		minor's prior record of delinquency than to other factors
6		listed in this subsection.
7		(2) Procedures for extended jurisdiction juvenile
8		prosecutions. The State's Attorney may file a written motion
9		for a proceeding to be designated as an extended juvenile
10		jurisdiction prior to commencement of trial. Notice of the
11		motion shall be in compliance with Section 5-530. When the
12		State's Attorney files a written motion that a proceeding be
13		designated an extended jurisdiction juvenile prosecution, the
14		court shall commence a hearing within 30 days of the filing of
15		the motion for designation, unless good cause is shown by the
16		prosecution or the minor as to why the hearing could not be
17		held within this time period. If the court finds good cause has
18		been demonstrated, then the hearing shall be held within 60
19		days of the filing of the motion. The hearings shall be open to
20		the public unless the judge finds that the hearing should be
21		closed for the protection of any party, victim or witness. If
22		the Juvenile Judge assigned to hear and determine a motion to
23		designate an extended jurisdiction juvenile prosecution
24		determines that there is probable cause to believe that the
25		allegations in the petition and motion are true the court shall
26		grant the motion for designation. Information used by the court

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1		in its findings or stated in or offered in connection with this
2		Section may be by way of proffer based on reliable information
3		offered by the State or the minor. All evidence shall be
4		admissible if it is relevant and reliable regardless of whether
5		it would be admissible under the rules of evidence.
6		(3) Trial. A minor who is subject of an extended
7		jurisdiction juvenile prosecution has the right to trial by
8		jury. Any trial under this Section shall be open to the public.
9		(4) Sentencing. If an extended jurisdiction juvenile
10		prosecution under subsection (1) results in a guilty plea, a
11		verdict of guilty, or a finding of guilt, the court shall
12		impose the following:
13		(i) one or more juvenile sentences under Section 5-710;
14		and
15		(ii) an adult criminal sentence in accordance with the
16		provisions of Section 5-4.5-105 of the Unified Code of
17		Corrections Chapter V of the Unified Code of Corrections,
18		the execution of which shall be stayed on the condition
19		that the offender not violate the provisions of the
20		juvenile sentence.
21		Any sentencing hearing under this Section shall be open to the
22		public.
23		(5) If, after an extended jurisdiction juvenile
24		prosecution trial, a minor is convicted of a lesser-included
25		offense or of an offense that the State's Attorney did not
26		designate as an extended jurisdiction juvenile prosecution,

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1		the State's Attorney may file a written motion, within 10 days
2		of the finding of guilt, that the minor be sentenced as an
3		extended jurisdiction juvenile prosecution offender. The court
4		shall rule on this motion using the factors found in paragraph
5		(1)(b) of Section 5-805. If the court denies the State's
6		Attorney's motion for sentencing under the extended
7		jurisdiction juvenile prosecution provision, the court shall
8		proceed to sentence the minor under Section 5-710.
9		(6) When it appears that a minor convicted in an extended
10		jurisdiction juvenile prosecution under subsection (1) has
11		violated the conditions of his or her sentence, or is alleged
12		to have committed a new offense upon the filing of a petition
13		to revoke the stay, the court may, without notice, issue a
14		warrant for the arrest of the minor. After a hearing, if the
15		court finds by a preponderance of the evidence that the minor
16		committed a new offense, the court shall order execution of the
17		previously imposed adult criminal sentence. After a hearing, if
18		the court finds by a preponderance of the evidence that the
19		minor committed a violation of his or her sentence other than
20		by a new offense, the court may order execution of the
21		previously imposed adult criminal sentence or may continue him
22		or her on the existing juvenile sentence with or without
23		modifying or enlarging the conditions. Upon revocation of the
24		stay of the adult criminal sentence and imposition of that
25		sentence, the minor's extended jurisdiction juvenile status
26		shall be terminated. The on-going jurisdiction over the minor's

HB3718 Enrolled - 31 - LRB099 11130 RLC 31593 b
1		case shall be assumed by the adult criminal court and juvenile
2		court jurisdiction shall be terminated and a report of the
3		imposition of the adult sentence shall be sent to the
4		Department of State Police.
5		(7) Upon successful completion of the juvenile sentence the
6		court shall vacate the adult criminal sentence.
7		(8) Nothing in this Section precludes the State from filing
8		a motion for transfer under Section 5-805.
9		(Source: P.A. 94-574, eff. 8-12-05; 95-331, eff. 8-21-07.)
10		(705 ILCS 405/5-822 new)
11		Sec. 5-822. Data collection. On the effective date of this
12		amendatory Act of the 99th General Assembly:
13		(1) The Clerk of the Circuit Court of every county in
14		this State, shall track the filing, processing, and
15		disposition of all cases:
16		(a) initiated in criminal court under Section
17		5-130 of this Act;
18		(b) in which a motion to transfer was filed by the
19		State under Section 5-805 of this Act;
20		(c) in which a motion for extended jurisdiction was
21		filed by the State under Section 5-810 of this Act;
22		(d) in which a designation is sought of a Habitual
23		Juvenile Offender under Section 5-815 of this Act; and
24		(e) in which a designation is sought of a Violent
25		Juvenile Offender under Section 5-820 of this Act.

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1		(2) For each category of case listed in subsection (1),
2		the clerk shall collect the following:
3		(a) age of the defendant and of the victim or
4		victims at the time of offense;
5		(b) race and ethnicity of the defendant and the
6		victim or victims;
7		(c) gender of the defendant and the victim or
8		victims;
9		(d) the offense or offenses charged;
10		(e) date filed and the date of final disposition;
11		(f) the final disposition;
12		(g) for those cases resulting in a finding or plea
13		of guilty:
14		(i) charge or charges for which they are
15		convicted;
16		(ii) sentence for each charge;
17		(h) for cases under paragraph (c) of subsection
18		(1), the clerk shall report if the adult sentence is
19		applied due to non-compliance with the juvenile
20		sentence.
21		(3) On January 15 and June 15 of each year beginning 6
22		months after the effective date of this amendatory Act of
23		the 99th General Assembly, the Clerk of each county shall
24		submit a report outlining all of the information from
25		subsection (2) to the General Assembly and the county board
26		of the clerk's respective county.

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1		(4) No later than 2 months after the effective date of
2		this amendatory Act of the 99th General Assembly, the
3		standards, confidentiality protocols, format, and data
4		depository for the semi-annual reports described in this
5		Section shall be identified by the State Advisory Group on
6		Juvenile Justice and Delinquency Prevention and
7		distributed to the General Assembly, county boards, and
8		county clerks' offices.
9		(705 ILCS 405/5-821 rep.)
10		Section 10. The Juvenile Court Act of 1987 is amended by
11		repealing Section 5-821.
12		Section 15. The Unified Code of Corrections is amended by
13		adding Section 5-4.5-105 as follows:
14		(730 ILCS 5/5-4.5-105 new)
15		Sec. 5-4.5-105. SENTENCING OF INDIVIDUALS UNDER THE AGE OF
16		18 AT THE TIME OF THE COMMISSION OF AN OFFENSE.
17		(a) On or after the effective date of this amendatory Act
18		of the 99th General Assembly, when a person commits an offense
19		and the person is under 18 years of age at the time of the
20		commission of the offense, the court, at the sentencing hearing
21		conducted under Section 5-4-1, shall consider the following
22		additional factors in mitigation in determining the
23		appropriate sentence:

HB3718 Enrolled - 34 - LRB099 11130 RLC 31593 b
1		(1) the person's age, impetuosity, and level of
2		maturity at the time of the offense, including the ability
3		to consider risks and consequences of behavior, and the
4		presence of cognitive or developmental disability, or
5		both, if any;
6		(2) whether the person was subjected to outside
7		pressure, including peer pressure, familial pressure, or
8		negative influences;
9		(3) the person's family, home environment, educational
10		and social background, including any history of parental
11		neglect, physical abuse, or other childhood trauma;
12		(4) the person's potential for rehabilitation or
13		evidence of rehabilitation, or both;
14		(5) the circumstances of the offense;
15		(6) the person's degree of participation and specific
16		role in the offense, including the level of planning by the
17		defendant before the offense;
18		(7) whether the person was able to meaningfully
19		participate in his or her defense;
20		(8) the person's prior juvenile or criminal history;
21		and
22		(9) any other information the court finds relevant and
23		reliable, including an expression of remorse, if
24		appropriate. However, if the person, on advice of counsel
25		chooses not to make a statement, the court shall not
26		consider a lack of an expression of remorse as an

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