98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2651
 
Introduced 1/21/2014, by Sen. Ira I. Silverstein
 
SYNOPSIS AS INTRODUCED:



  
705 ILCS 405/5-805

 Amends the Juvenile Court Act of 1987. Provides that if a petition alleges commission by a minor 13 years of age or older
of an act that constitutes the offense of battery or aggravated battery by committing battery with the specific intent to cause another person to lose consciousness, 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. 



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A BILL FOR
 


SB2651LRB098 15927 RLC 50974 b



1 AN ACT concerning courts.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Juvenile Court Act of 1987 is amended by 
5changing Section 5-805 as follows:




6 (705 ILCS 405/5-805)


7 Sec. 5-805. Transfer of jurisdiction. 

8 (1) Mandatory transfers.


9  (a) If a petition alleges commission by a minor 15 
10 years of age or older
of an act that constitutes a forcible 
11 felony under the laws of this State, and
if a motion by the 
12 State's Attorney to prosecute the minor under the criminal

13 laws of Illinois for the alleged forcible felony alleges 
14 that (i) the minor has
previously been adjudicated 
15 delinquent or found guilty for commission of an act
that 
16 constitutes a felony under the laws of this State or any 
17 other state and
(ii) the act that constitutes the offense 
18 was committed in furtherance of
criminal activity by an 
19 organized gang, the Juvenile Judge assigned to hear and

20 determine those motions shall, upon determining that there 
21 is probable cause
that both allegations are true, enter an 
22 order permitting prosecution under the
criminal laws of 
23 Illinois.


 
 
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1  (b) If a petition alleges commission by a minor 15 
2 years of age or older
of an act that constitutes a felony 
3 under the laws of this State, and if a
motion by a State's 
4 Attorney to prosecute the minor under the criminal laws of

5 Illinois for the alleged felony alleges that (i) the minor 
6 has previously been
adjudicated delinquent or found guilty 
7 for commission of an act that
constitutes a forcible
felony 
8 under the laws of this State or any other state and (ii) 
9 the act that
constitutes the offense was committed in 
10 furtherance of criminal activities by
an organized gang, 
11 the Juvenile Judge assigned to hear and determine those

12 motions shall, upon determining that there is probable 
13 cause that both
allegations are true, enter an order 
14 permitting prosecution under the criminal
laws of 
15 Illinois.


16  (c) If a petition alleges commission by a minor 15 
17 years of age or older
of: (i) an act that constitutes an 
18 offense enumerated in the presumptive
transfer provisions 
19 of subsection (2); and (ii) the minor has previously been

20 adjudicated delinquent or found guilty of a forcible 
21 felony, the Juvenile Judge
designated to hear and determine 
22 those motions shall, upon determining that
there is 
23 probable cause that both allegations are true, enter an 
24 order
permitting prosecution under the criminal laws of 
25 Illinois.


26  (d) If a petition alleges commission by a minor 15 
 
 
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1 years of age or older
of an act that constitutes the 
2 offense of aggravated discharge of a firearm
committed in a 
3 school, on the real property comprising a school, within 
4 1,000
feet of the real property comprising a school, at a 
5 school related activity, or
on, boarding, or departing from 
6 any conveyance owned, leased, or contracted by
a school or 
7 school district to transport students to or from school or 
8 a school
related activity, regardless of the time of day or 
9 the time of year, the
juvenile judge designated to hear and 
10 determine those motions shall, upon
determining that there 
11 is probable cause that the allegations are true, enter
an 
12 order permitting prosecution under the criminal laws of 
13 Illinois.

14  (e) If a petition alleges commission by a minor 13 
15 years of age or older
of an act that constitutes the 
16 offense of battery under Section 12-3 or aggravated battery 
17 under paragraph (1) of subsection (a) of Section 12-3.05 of 
18 the Criminal Code of 2012 if the specific
intent of the 
19 minor is to cause the victim of the offense to lose 
20 consciousness, the Juvenile Judge
designated to hear and 
21 determine those motions shall, upon determining that
there 
22 is probable cause that the allegations are true, enter an 
23 order
permitting prosecution under the criminal laws of 
24 Illinois. 

25  For purposes of this paragraph (d) of subsection (1):


26  "School" means a public or private
elementary or 
 
 
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1 secondary school, community college, college, or 
2 university.


3  "School related activity" means any sporting, social, 
4 academic, or other
activity for which students' attendance 
5 or participation is sponsored,
organized, or funded in 
6 whole or in part by a school or school district.


7 (2) Presumptive transfer. 


8  (a) If the State's Attorney files a petition, at any 
9 time prior to
commencement of the minor's trial, to permit 
10 prosecution under the criminal
laws and the petition 
11 alleges the commission by a minor 15 years of age or
older

12 of: (i) a Class X felony other than armed violence; (ii) 
13 aggravated discharge
of a firearm; (iii) armed violence 
14 with a firearm when the predicate offense
is a Class 1 or 
15 Class 2 felony and the State's Attorney's motion to 
16 transfer
the case alleges that the offense committed is in 
17 furtherance of the criminal
activities of an organized 
18 gang; (iv) armed violence with a firearm when the
predicate 
19 offense is a violation of the Illinois Controlled 
20 Substances Act, a violation of the Cannabis Control Act, or 
21 a violation of the Methamphetamine Control and Community 
22 Protection Act; (v) armed violence when the
weapon involved 
23 was a machine gun or other weapon described in subsection

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

19 assigned to hear and determine motions to transfer a case 
20 for prosecution in
the criminal court determines that there 
21 is probable cause to believe that the
allegations in the 
22 petition and motion are true, there is a rebuttable

23 presumption that the minor is not a fit and proper subject 
24 to be dealt with
under the Juvenile Justice Reform 
25 Provisions of 1998 (Public Act 90-590),
and that, except as 
26 provided in paragraph (b), the case should be transferred

 
 
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1 to the criminal court.


2  (b) The judge shall enter an order permitting 
3 prosecution under the
criminal laws of Illinois unless the 
4 judge makes a finding based on clear and
convincing 
5 evidence that the minor would be amenable to the care, 
6 treatment,
and training programs available through the 
7 facilities of the juvenile court
based on an evaluation of 
8 the following:

9   (i) the age of the minor;

10   (ii) the history of the minor, including:

11    (A) any previous delinquent or criminal 
12 history of the minor,
13    (B) any previous abuse or neglect history of 
14 the minor, and

15    (C) any mental health, physical or educational 
16 history of the minor or combination of these 
17 factors;

18   (iii) the circumstances of the offense, including:

19    (A) the seriousness of the offense,

20    (B) whether the minor is charged through 
21 accountability,

22    (C) whether there is evidence the offense was 
23 committed in an aggressive and premeditated 
24 manner,

25    (D) whether there is evidence the offense 
26 caused serious bodily harm,

 
 
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1    (E) whether there is evidence the minor 
2 possessed a deadly weapon;

3   (iv) the advantages of treatment within the 
4 juvenile justice system including whether there are 
5 facilities or programs, or both, particularly 
6 available in the juvenile system;

7   (v) whether the security of the public requires 
8 sentencing under Chapter V of the Unified Code of 
9 Corrections:

10    (A) the minor's history of services, including 
11 the minor's willingness to participate 
12 meaningfully in available services;

13    (B) whether there is a reasonable likelihood 
14 that the minor can be rehabilitated before the 
15 expiration of the juvenile court's jurisdiction;

16    (C) the adequacy of the punishment or 
17 services.


18  In considering these factors, the court shall give 
19 greater
weight to the seriousness of the alleged offense 
20 and the minor's prior record
of delinquency than to the 
21 other factors listed in this subsection.

22 For purposes of clauses (2)(a)(vi) and (vii):
23 "School" means a public or private elementary or secondary 
24school, community college, college, or university.
25 "School related activity" means any sporting, social, 
26academic, or other activity for which students' attendance or 
 
 
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1participation is sponsored, organized, or funded in whole or in 
2part by a school or school district.

3 (3) Discretionary transfer. 


4  (a) If a petition alleges commission by a minor 13 
5 years of age or over of
an act that constitutes a crime 
6 under the laws of this State and, on motion of
the State's 
7 Attorney to permit prosecution of the minor under the 
8 criminal
laws, a Juvenile Judge assigned by the Chief Judge 
9 of the Circuit to hear and
determine those motions, after 
10 hearing but before commencement of the
trial, finds that 
11 there is probable cause to believe that the
allegations in 
12 the motion are true and that it is not in the best 
13 interests
of the public to proceed under this Act, the 
14 court may enter an
order permitting prosecution under the 
15 criminal laws.


16  (b) In making its determination on the motion to permit 
17 prosecution under
the criminal laws, the court shall 
18 consider among other matters: 

19   (i) the age of the minor;

20   (ii) the history of the minor, including:

21    (A) any previous delinquent or criminal 
22 history of the minor,

23    (B) any previous abuse or neglect history of 
24 the minor, and

25    (C) any mental health, physical, or 
26 educational history of the minor or combination of 
 
 
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1 these factors;

2   (iii) the circumstances of the offense, including:

3    (A) the seriousness of the offense,

4    (B) whether the minor is charged through 
5 accountability,

6    (C) whether there is evidence the offense was 
7 committed in an aggressive and premeditated 
8 manner,

9    (D) whether there is evidence the offense 
10 caused serious bodily harm,

11    (E) whether there is evidence the minor 
12 possessed a deadly weapon;

13   (iv) the advantages of treatment within the 
14 juvenile justice system including whether there are 
15 facilities or programs, or both, particularly 
16 available in the juvenile system;

17   (v) whether the security of the public requires 
18 sentencing under Chapter V of the Unified Code of 
19 Corrections:

20    (A) the minor's history of services, including 
21 the minor's willingness to participate 
22 meaningfully in available services;

23    (B) whether there is a reasonable likelihood 
24 that the minor can be rehabilitated before the 
25 expiration of the juvenile court's jurisdiction;

26    (C) the adequacy of the punishment or 
 
 
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1 services.


2  In considering these factors, the court shall give 
3 greater
weight to the seriousness of the alleged offense 
4 and the minor's prior record
of delinquency than to the 
5 other factors listed in this subsection.

6 (4) The rules of evidence for this hearing shall be the 
7same as under
Section 5-705 of this Act. A minor must be 
8represented in court by counsel
before the hearing may be 
9commenced.

10 (5) If criminal proceedings are instituted, the petition 
11for adjudication
of wardship shall be dismissed insofar as the 
12act or acts involved in the
criminal proceedings. Taking of 
13evidence in a trial on petition for
adjudication of wardship is 
14a bar to criminal proceedings based upon the
conduct alleged in 
15the petition.

16(Source: P.A. 97-1150, eff. 1-25-13.)