Bill Text: IL HB3414 | 2023-2024 | 103rd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Enrolled.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Juvenile Court Act of 1987 is amended by
changing Sections 5-805 and 5-810 as follows:
(705 ILCS 405/5-805)
Sec. 5-805. Transfer of jurisdiction.
(1) (Blank).
(2) Presumptive transfer.
(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
(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.
(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:
(i) the age of the minor;
(ii) the history of the minor, including:
(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
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:
(A) the seriousness of the offense,
(B) whether the minor is charged through
accountability,
(C) whether there is evidence the offense was
committed in an aggressive and premeditated
manner,
(D) whether there is evidence the offense
caused serious bodily harm,
(E) whether there is evidence the minor
possessed a deadly weapon, ;
(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;
(v) whether the security of the public requires
sentencing under Chapter V of the Unified Code of
Corrections:
(A) the minor's history of services, including
the minor's willingness to participate

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meaningfully in available services;
(B) whether there is a reasonable likelihood
that the minor can be rehabilitated before the
expiration of the juvenile court's jurisdiction;
and
(C) the adequacy of the punishment or
services.
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.
(3) Discretionary transfer.
(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
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.
(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:
(i) the age of the minor;
(ii) the history of the minor, including:
(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 history of the minor or combination of
these factors, and ;
(D) any involvement of the minor in the child
welfare system;
(iii) the circumstances of the offense, including:
(A) the seriousness of the offense,
(B) whether the minor is charged through
accountability,
(C) whether there is evidence the offense was
committed in an aggressive and premeditated
manner,
(D) whether there is evidence the offense
caused serious bodily harm,
(E) whether there is evidence the minor
possessed a deadly weapon, ;
(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;
(v) whether the security of the public requires
sentencing under Chapter V of the Unified Code of
Corrections:
(A) the minor's history of services, including
the minor's willingness to participate
meaningfully in available services;
(B) whether there is a reasonable likelihood
that the minor can be rehabilitated before the
expiration of the juvenile court's jurisdiction;
and
(C) the adequacy of the punishment or
services.
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.
(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.
(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.
(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.)
(705 ILCS 405/5-810)
Sec. 5-810. Extended jurisdiction juvenile prosecutions.
(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
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
extended jurisdiction juvenile proceeding.
(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:
(i) the age of the minor;
(ii) the history of the minor, including:
(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 and/or educational
history of the minor, and ;
(D) any involvement of the minor in the child
welfare system;
(iii) the circumstances of the offense, including:
(A) the seriousness of the offense,
(B) whether the minor is charged through
accountability,
(C) whether there is evidence the offense was

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committed in an aggressive and premeditated manner,
(D) whether there is evidence the offense caused
serious bodily harm,
(E) whether there is evidence the minor possessed
a deadly weapon, ;
(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;
(v) whether the security of the public requires
sentencing under Chapter V of the Unified Code of
Corrections:
(A) the minor's history of services, including the
minor's willingness to participate meaningfully in
available services;
(B) whether there is a reasonable likelihood that
the minor can be rehabilitated before the expiration
of the juvenile court's jurisdiction;
(C) the adequacy of the punishment or services.
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.
(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
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.
(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.
(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:
(i) one or more juvenile sentences under Section
5-710; and
(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.
Any sentencing hearing under this Section shall be open to the
public.
(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,
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.
(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
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
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.
(8) Nothing in this Section precludes the State from
filing a motion for transfer under Section 5-805.
(Source: P.A. 99-258, eff. 1-1-16.)
Section 10. The Unified Code of Corrections is amended by
changing Section 5-4.5-105 as follows:
(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.
(Source: P.A. 99-69, eff. 1-1-16; 99-258, eff. 1-1-16; 99-875,

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eff. 1-1-17.)