IL HB3414 | 2023-2024 | 103rd General Assembly
Status
Completed Legislative Action
Spectrum: Strong Partisan Bill (Democrat 22-2)
Status: Passed on June 30 2023 - 100% progression
Action: 2023-06-30 - Public Act . . . . . . . . . 103-0191
Text: Latest bill text (Chaptered) [HTML]
Spectrum: Strong Partisan Bill (Democrat 22-2)
Status: Passed on June 30 2023 - 100% progression
Action: 2023-06-30 - Public Act . . . . . . . . . 103-0191
Text: Latest bill text (Chaptered) [HTML]
Summary
Amends the Juvenile Court Act of 1987. Provides that 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: (1) any involvement of the minor in the child welfare system, (2) whether there is evidence the minor was subjected to outside pressure, including peer pressure, familial pressure, or negative influences, and (3) the minor's degree of participation and specific role in the offense. Amends the Unified Code of Corrections. Provides that 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 shall consider the following additional factors in mitigation in determining the appropriate sentence: (1) the person's family, home environment, educational and social background, including any history of domestic or sexual violence or sexual exploitation; (2) childhood trauma, including adverse childhood experiences, the person's involvement in the child welfare system; (3) involvement of the person in the community; (4) if a comprehensive mental health evaluation of the person was conducted by a qualified mental health professional; and (5) the outcome of the evaluation. Provides that 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 certain human trafficking or sex crimes 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 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.
Title
JUV CT&CD CORR-MINOR-PROSECUTE
Sponsors
Roll Calls
2023-05-10 - Senate - Third Reading in Senate (Y: 33 N: 20 NV: 6 Abs: 0) [PASS]
2023-03-22 - House - Third Reading in House (Y: 67 N: 40 NV: 6 Abs: 2) [PASS]
2023-03-22 - House - Third Reading in House (Y: 67 N: 40 NV: 6 Abs: 2) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2023-06-30 | House | Public Act . . . . . . . . . 103-0191 |
| 2023-06-30 | House | Effective Date January 1, 2024 |
| 2023-06-30 | House | Governor Approved |
| 2023-06-08 | House | Sent to the Governor |
| 2023-05-16 | Senate | Added as Alternate Co-Sponsor Sen. Kimberly A. Lightford |
| 2023-05-10 | Senate | Added as Alternate Co-Sponsor Sen. Karina Villa |
| 2023-05-10 | House | Passed Both Houses |
| 2023-05-10 | Senate | Third Reading - Passed; 033-020-000 |
| 2023-05-02 | Senate | Placed on Calendar Order of 3rd Reading May 3, 2023 |
| 2023-05-02 | Senate | Second Reading |
| 2023-04-27 | Senate | Placed on Calendar Order of 2nd Reading May 2, 2023 |
| 2023-04-27 | Senate | Do Pass Special Committee on Criminal Law and Public Safety; 006-003-000 |
| 2023-04-25 | Senate | Added as Alternate Co-Sponsor Sen. Rachel Ventura |
| 2023-04-12 | Senate | Assigned to Special Committee on Criminal Law and Public Safety |
| 2023-03-30 | Senate | Added as Alternate Chief Co-Sponsor Sen. Willie Preston |
| 2023-03-23 | Senate | Referred to Assignments |
| 2023-03-23 | Senate | First Reading |
| 2023-03-23 | Senate | Chief Senate Sponsor Sen. Mike Simmons |
| 2023-03-23 | Senate | Placed on Calendar Order of First Reading |
| 2023-03-23 | Senate | Arrive in Senate |
| 2023-03-22 | House | Added Co-Sponsor Rep. Tom Weber |
| 2023-03-22 | House | Added Co-Sponsor Rep. Norine K. Hammond |
| 2023-03-22 | House | Added Co-Sponsor Rep. Laura Faver Dias |
| 2023-03-22 | House | Added Co-Sponsor Rep. Hoan Huynh |
| 2023-03-22 | House | Added Co-Sponsor Rep. Elizabeth "Lisa" Hernandez |
| 2023-03-22 | House | Third Reading - Short Debate - Passed 067-040-000 |
| 2023-03-22 | House | Added Chief Co-Sponsor Rep. Justin Slaughter |
| 2023-03-22 | House | Added Chief Co-Sponsor Rep. La Shawn K. Ford |
| 2023-03-22 | House | Added Chief Co-Sponsor Rep. Kelly M. Cassidy |
| 2023-03-22 | House | Chief Co-Sponsor Changed to Rep. Maurice A. West, II |
| 2023-03-22 | House | Added Chief Co-Sponsor Rep. Maurice A. West, II |
| 2023-03-21 | House | Added Co-Sponsor Rep. Lakesia Collins |
| 2023-03-21 | House | Added Co-Sponsor Rep. Anna Moeller |
| 2023-03-21 | House | Added Co-Sponsor Rep. Norma Hernandez |
| 2023-03-21 | House | Added Co-Sponsor Rep. Jonathan Carroll |
| 2023-03-16 | House | Placed on Calendar Order of 3rd Reading - Short Debate |
| 2023-03-16 | House | Second Reading - Short Debate |
| 2023-03-16 | House | Added Co-Sponsor Rep. Barbara Hernandez |
| 2023-03-15 | House | Chief Sponsor Changed to Rep. Lilian Jiménez |
| 2023-03-14 | House | Added Co-Sponsor Rep. Carol Ammons |
| 2023-03-10 | House | Placed on Calendar 2nd Reading - Short Debate |
| 2023-03-09 | House | Remove Chief Co-Sponsor Rep. Lilian Jiménez |
| 2023-03-09 | House | Do Pass / Short Debate Judiciary - Criminal Committee; 015-000-000 |
| 2023-03-09 | House | Added Chief Co-Sponsor Rep. Lilian Jiménez |
| 2023-03-09 | House | Removed Co-Sponsor Rep. Lilian Jiménez |
| 2023-03-06 | House | Removed Co-Sponsor Rep. La Shawn K. Ford |
| 2023-03-06 | House | Added Co-Sponsor Rep. Anne Stava-Murray |
| 2023-03-06 | House | Added Co-Sponsor Rep. Kevin John Olickal |
| 2023-03-06 | House | Added Co-Sponsor Rep. Maura Hirschauer |
| 2023-03-06 | House | Added Co-Sponsor Rep. La Shawn K. Ford |
| 2023-03-03 | House | Added Co-Sponsor Rep. Lilian Jiménez |
| 2023-02-28 | House | Assigned to Judiciary - Criminal Committee |
| 2023-02-17 | House | Referred to Rules Committee |
| 2023-02-17 | House | First Reading |
| 2023-02-17 | House | Filed with the Clerk by Rep. Kelly M. Cassidy |
Code Citations
| Chapter | Article | Section | Citation Type | Statute Text |
|---|---|---|---|---|
| 705 | 405 | 5-805 | Amended Code | Citation Text |
| 705 | 405 | 5-810 | Amended Code | Citation Text |
| 730 | 5 | 5-4.5-105 | Amended Code | Citation Text |
