SB 283 — CRIMINAL LAW-TECH

SB0283 EngrossedEnrolled LRB094 07534 RLC 37701 b AN ACT concerning criminal law.

"School related activity" means any sporting, social, SB0283 EngrossedEnrolled - 2 - LRB094 07534 RLC 37701 b academic or other activity for which students’ attendance or participation is sponsored, organized, or funded in whole or in part by a school or school district.

If the motion is made by the State, the court shall conduct a hearing to determine if the minor should be sentenced SB0283 EngrossedEnrolled - 3 - LRB094 07534 RLC 37701 b under Chapter V of the Unified Code of Corrections.

(a) The definition of a delinquent minor under Section 5-120 of this Article shall not apply to any minor who at the time of the offense was at least 15 years of age and who is charged with an offense under Section 401 of the Illinois Controlled Substances Act, while in a school, regardless of the time of day or the time of year, or any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, or residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any school, regardless of the time of day or the time of year, or residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, or on a public way within 1,000 feet of the real property comprising any school, regardless of the time of day or the time of year, or residential property owned, operated or managed by a public housing agency or leased by a public SB0283 EngrossedEnrolled - 4 - LRB094 07534 RLC 37701 b housing agency as part of a scattered site or mixed-income development.

Reasonable SB0283 EngrossedEnrolled - 5 - LRB094 07534 RLC 37701 b notice of the motion shall be given to the minor or his or her counsel.

(b) (i) If before trial or plea an information or indictment is filed that does not charge an offense specified in paragraph (a) of this subsection (3) the State’s Attorney SB0283 EngrossedEnrolled - 6 - LRB094 07534 RLC 37701 b may proceed on any lesser charge or charges, but only in Juvenile Court under the provisions of this Article.

(d) whether there are facilities particularly available to the SB0283 EngrossedEnrolled - 7 - LRB094 07534 RLC 37701 b Juvenile Court or the Department of Corrections, Juvenile Division, for the treatment and rehabilitation of the minor;

(ii) If before trial or plea an information or indictment is filed that includes first degree murder committed during the course of aggravated criminal sexual assault, criminal sexual assault, or aggravated kidnaping, and additional charges that are not specified in paragraph (a) of this subsection, all of SB0283 EngrossedEnrolled - 8 - LRB094 07534 RLC 37701 b the charges arising out of the same incident shall be prosecuted under the criminal laws of this State.

The rules of SB0283 EngrossedEnrolled - 9 - LRB094 07534 RLC 37701 b evidence shall be the same as if at trial.

(ii) If after trial or plea the court finds that the minor committed an offense not covered by paragraph (a) of this SB0283 EngrossedEnrolled - 10 - LRB094 07534 RLC 37701 b subsection (5), the conviction shall not invalidate the verdict or the prosecution of the minor under the criminal laws of this State;

(7) The procedures set out in this Article for the SB0283 EngrossedEnrolled - 11 - LRB094 07534 RLC 37701 b investigation, arrest and prosecution of juvenile offenders shall not apply to minors who are excluded from jurisdiction of the Juvenile Court, except that minors under 17 years of age shall be kept separate from confined adults.

SB0283 EngrossedEnrolled - 12 - LRB094 07534 RLC 37701 b (b) Any previous delinquent or criminal history of the minor;

(a) If a petition alleges commission by 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 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, the Juvenile Judge assigned to hear and determine those motions shall, upon determining that there is probable cause that both allegations are true, enter an SB0283 EngrossedEnrolled - 13 - LRB094 07534 RLC 37701 b order permitting prosecution under the criminal laws of Illinois.

(d) If a petition alleges commission by a minor 15 years of age or older of an act that constitutes the offense of aggravated discharge of a firearm committed in a school, on the real property comprising a school, within 1,000 feet of the real property comprising a school, at a school related activity, or on, boarding, or departing from any conveyance owned, leased, or contracted by a school or school district to transport students to or from school or a school related activity, regardless of the time of day or SB0283 EngrossedEnrolled - 14 - LRB094 07534 RLC 37701 b the time of year, the juvenile judge designated to hear and determine those motions shall, upon determining that there is probable cause that the allegations are true, enter an order permitting prosecution under the criminal laws of Illinois.

(vi) an act in violation of Section 401 of the Illinois Controlled Substances Act which is a Class X felony, while in a school, regardless of the time of day or the time of year, or on any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, or on residential property owned, SB0283 EngrossedEnrolled - 15 - LRB094 07534 RLC 37701 b operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development;

(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 SB0283 EngrossedEnrolled - 16 - LRB094 07534 RLC 37701 b history of the minor or combination of these factors;

(vii) The minor’s history of services, including the minor’s willingness to participate meaningfully in SB0283 EngrossedEnrolled - 17 - LRB094 07534 RLC 37701 b available services;

SB0283 EngrossedEnrolled - 18 - LRB094 07534 RLC 37701 b (ii) the history of the minor, including:

SB0283 EngrossedEnrolled - 19 - LRB094 07534 RLC 37701 b (v) Whether the offense was committed in an aggressive or premeditated manner;

(1) 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 SB0283 EngrossedEnrolled - 20 - LRB094 07534 RLC 37701 b 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.

(a) the minor’s history of services, including the SB0283 EngrossedEnrolled - 21 - LRB094 07534 RLC 37701 b minor’s willingness to participate meaningfully in available services;

If the Juvenile SB0283 EngrossedEnrolled - 22 - LRB094 07534 RLC 37701 b 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.

If the court denies the State’s SB0283 EngrossedEnrolled - 23 - LRB094 07534 RLC 37701 b Attorney’s motion for sentencing under the extended jurisdiction juvenile prosecution provision, the court shall proceed to sentence the minor under Section 5-710.

The intent of the General Assembly is to encourage the use of SB0283 EngrossedEnrolled - 24 - LRB094 07534 RLC 37701 b appropriate transfer to adult court for youth.