Bill Title: 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.
Spectrum: Strong Partisan Bill (Democrat 22-2)
Status: (Passed) 2023-06-30 - Public Act . . . . . . . . . 103-0191
[HB3414 Detail]Download: Illinois-2023-HB3414-Chaptered.html
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| Public Act 103-0191
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| HB3414 Enrolled | LRB103 30107 RLC 56531 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Juvenile Court Act of 1987 is amended by |
changing Sections 5-805 and 5-810 as follows:
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(705 ILCS 405/5-805)
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Sec. 5-805. Transfer of jurisdiction.
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(1) (Blank).
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(2) Presumptive transfer.
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(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
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(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 |
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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.
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(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:
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(i) the age of the minor;
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(ii) the history of the minor, including:
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(A) any previous delinquent or criminal |
history of the minor, |
(B) any previous abuse or neglect history of |
the minor, and
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(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; |
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(iii) the circumstances of the offense, including:
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(A) the seriousness of the offense,
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(B) whether the minor is charged through |
accountability,
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(C) whether there is evidence the offense was |
committed in an aggressive and premeditated |
manner,
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(D) whether there is evidence the offense |
caused serious bodily harm,
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(E) whether there is evidence the minor |
possessed a deadly weapon, ;
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(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;
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(v) whether the security of the public requires |
sentencing under Chapter V of the Unified Code of |
Corrections:
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(A) the minor's history of services, including |
the minor's willingness to participate |
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meaningfully in available services;
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(B) whether there is a reasonable likelihood |
that the minor can be rehabilitated before the |
expiration of the juvenile court's jurisdiction;
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and |
(C) the adequacy of the punishment or |
services.
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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.
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(3) Discretionary transfer.
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(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
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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.
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(b) In making its determination on the motion to |
permit prosecution under
the criminal laws, the court |
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shall consider among other matters:
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(i) the age of the minor;
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(ii) the history of the minor, including:
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(A) any previous delinquent or criminal |
history of the minor,
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(B) any previous abuse or neglect history of |
the minor, and
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(C) any mental health, physical, or |
educational history of the minor or combination of |
these factors, and ;
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(D) any involvement of the minor in the child |
welfare system; |
(iii) the circumstances of the offense, including:
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(A) the seriousness of the offense,
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(B) whether the minor is charged through |
accountability,
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(C) whether there is evidence the offense was |
committed in an aggressive and premeditated |
manner,
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(D) whether there is evidence the offense |
caused serious bodily harm,
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(E) whether there is evidence the minor |
possessed a deadly weapon, ;
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(F) whether there is evidence the minor was |
subjected to outside pressure, including peer |
pressure, familial pressure, or negative |
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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;
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(v) whether the security of the public requires |
sentencing under Chapter V of the Unified Code of |
Corrections:
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(A) the minor's history of services, including |
the minor's willingness to participate |
meaningfully in available services;
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(B) whether there is a reasonable likelihood |
that the minor can be rehabilitated before the |
expiration of the juvenile court's jurisdiction;
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and |
(C) the adequacy of the punishment or |
services.
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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.
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(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 |
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commenced.
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(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.
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(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.)
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(705 ILCS 405/5-810)
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Sec. 5-810. Extended jurisdiction juvenile prosecutions.
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(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
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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 |
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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
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extended jurisdiction juvenile proceeding.
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(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:
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(i) the age of the minor;
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(ii) the history of the minor, including:
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(A) any previous delinquent or criminal history of |
the minor,
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(B) any previous abuse or neglect history of the |
minor, and
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(C) any mental health, physical and/or educational |
history of the minor, and ;
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(D) any involvement of the minor in the child |
welfare system; |
(iii) the circumstances of the offense, including:
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(A) the seriousness of the offense,
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(B) whether the minor is charged through |
accountability,
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(C) whether there is evidence the offense was |
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committed in an aggressive and premeditated manner,
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(D) whether there is evidence the offense caused |
serious bodily harm,
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(E) whether there is evidence the minor possessed |
a deadly weapon, ;
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(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;
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(v) whether the security of the public requires |
sentencing under Chapter V of the Unified Code of |
Corrections:
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(A) the minor's history of services, including the |
minor's willingness to participate meaningfully in |
available services;
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(B) whether there is a reasonable likelihood that |
the minor can be rehabilitated before the expiration |
of the juvenile court's jurisdiction;
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(C) the adequacy of the punishment or services.
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In considering these factors, the court shall give greater |
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weight to the
seriousness of the alleged offense, and the |
minor's prior record of delinquency
than to other factors |
listed in this subsection.
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(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
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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.
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(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.
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(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:
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(i) one or more juvenile sentences under Section |
5-710; and
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(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.
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Any sentencing hearing under
this Section shall be open to the |
public.
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(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,
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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 |
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(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.
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(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
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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
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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.
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(8) Nothing in this Section precludes the State from |
filing a motion for
transfer under Section 5-805.
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(Source: P.A. 99-258, eff. 1-1-16.)
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Section 10. The Unified Code of Corrections is amended by |
changing Section 5-4.5-105 as follows:
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(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 |
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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 |
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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 |
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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.
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(Source: P.A. 99-69, eff. 1-1-16; 99-258, eff. 1-1-16; 99-875, |
