Bill Text: IL SB1691 | 2019-2020 | 101st General Assembly | Introduced

---

Bill Title: Amends the Juvenile Court Act of 1987. Provides that a minor who at the time of the offense was at least 16 years of age and who is charged with certain aggravated vehicular hijacking violations or certain armed robbery violations is not subject to the Act and shall be prosecuted under the criminal laws of the State.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB1691 Detail]

Download: Illinois-2019-SB1691-Introduced.html

---

101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB1691 Introduced 2/15/2019, by Sen. Steve McClure SYNOPSIS AS INTRODUCED:
705 ILCS 405/5-130
Amends the Juvenile Court Act of 1987. Provides that a minor who at the time of the offense was at least 16 years of age and who is charged with certain aggravated vehicular hijacking violations or certain armed robbery violations is not subject to the Act and shall be prosecuted under the criminal laws of the State.
LRB101 11068 SLF 56272 b
A BILL FOR
SB1691 LRB101 11068 SLF 56272 b
AN ACT concerning courts.
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 Section 5-130 as follows:
(705 ILCS 405/5-130)
Sec. 5-130. Excluded jurisdiction.
(1)(a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time of an offense was at least 16 years of age and who is
charged with: (i) first degree murder, (ii) aggravated criminal
sexual assault, or (iii) aggravated battery with a firearm as
described in Section 12-4.2 or subdivision (e)(1), (e)(2),
(e)(3), or (e)(4) of Section 12-3.05 where the minor personally
discharged a firearm as defined in Section 2-15.5 of the
Criminal Code of 1961 or the Criminal Code of 2012, (iv)
aggravated vehicular hijacking under subdivision (a)(4),
(a)(5), or (a)(6) under Section 18-4 of the Criminal Code of
2012, or (v) armed robbery under subdivision (a)(2), (a)(3), or
(a)(4) under Section 18-2 of the Criminal Code of 2012.
These charges and all other charges arising out of the same
incident shall be prosecuted under the criminal laws of this
State.

SB1691 - 2 - LRB101 11068 SLF 56272 b
(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 (1) the State's Attorney may proceed on
any lesser charge or charges, but only in Juvenile Court under
the provisions of this Article. The State's Attorney may
proceed on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing, his or
her right to have the matter proceed in Juvenile Court.
(ii) If before trial or plea an information or indictment
is filed that includes one or more charges specified in
paragraph (a) of this subsection (1) and additional charges
that are not specified in that paragraph, all of the charges
arising out of the same incident shall be prosecuted under the
Criminal Code of 1961 or the Criminal Code of 2012.
(c)(i) If after trial or plea the minor is convicted of any
offense covered by paragraph (a) of this subsection (1), then,
in sentencing the minor, the court shall sentence the minor
under Section 5-4.5-105 of the Unified Code of Corrections.
(ii) If after trial or plea the court finds that the minor
committed an offense not covered by paragraph (a) of this
subsection (1), that finding shall not invalidate the verdict
or the prosecution of the minor under the criminal laws of the
State; however, unless the State requests a hearing for the
purpose of sentencing the minor under Chapter V of the Unified
Code of Corrections, the Court must proceed under Sections
5-705 and 5-710 of this Article. To request a hearing, the

SB1691 - 3 - LRB101 11068 SLF 56272 b
State must file a written motion within 10 days following the
entry of a finding or the return of a verdict. Reasonable
notice of the motion shall be given to the minor or his or her
counsel. If the motion is made by the State, the court shall
conduct a hearing to determine if the minor should be sentenced
under Chapter V of the Unified Code of Corrections. In making
its determination, the court shall consider among other
matters: (a) whether there is evidence that the offense was
committed in an aggressive and premeditated manner; (b) the age
of the minor; (c) the previous history of the minor; (d)
whether there are facilities particularly available to the
Juvenile Court or the Department of Juvenile Justice for the
treatment and rehabilitation of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after
the hearing the court finds that the minor should be sentenced
under Chapter V of the Unified Code of Corrections, then the
court shall sentence the minor under Section 5-4.5-105 of the
Unified Code of Corrections.
(2) (Blank).
(3) (Blank).
(4) (Blank).
(5) (Blank).
(6) (Blank).

SB1691 - 4 - LRB101 11068 SLF 56272 b
(7) The procedures set out in this Article for the
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 18 years of age
shall be kept separate from confined adults.
(8) Nothing in this Act prohibits or limits the prosecution
of any minor for an offense committed on or after his or her
18th birthday even though he or she is at the time of the
offense a ward of the court.
(9) If an original petition for adjudication of wardship
alleges the commission by a minor 13 years of age or over of an
act that constitutes a crime under the laws of this State, the
minor, with the consent of his or her counsel, may, at any time
before commencement of the adjudicatory hearing, file with the
court a motion that criminal prosecution be ordered and that
the petition be dismissed insofar as the act or acts involved
in the criminal proceedings are concerned. If such a motion is
filed as herein provided, the court shall enter its order
accordingly.
(10) If, prior to August 12, 2005 (the effective date of
Public Act 94-574), a minor is charged with a violation of
Section 401 of the Illinois Controlled Substances Act under the
criminal laws of this State, other than a minor charged with a
Class X felony violation of the Illinois Controlled Substances
Act or the Methamphetamine Control and Community Protection
Act, any party including the minor or the court sua sponte may,

SB1691 - 5 - LRB101 11068 SLF 56272 b
before trial, move for a hearing for the purpose of trying and
sentencing the minor as a delinquent minor. To request a
hearing, the party must file a motion prior to trial.
Reasonable notice of the motion shall be given to all parties.
On its own motion or upon the filing of a motion by one of the
parties including the minor, the court shall conduct a hearing
to determine whether the minor should be tried and sentenced as
a delinquent minor under this Article. In making its
determination, the court shall consider among other matters:
(a) The age of the minor;
(b) Any previous delinquent or criminal history of the
minor;
(c) Any previous abuse or neglect history of the minor;
(d) Any mental health or educational history of the
minor, or both; and
(e) Whether there is probable cause to support the
charge, whether the minor is charged through
accountability, and whether there is evidence the minor
possessed a deadly weapon or caused serious bodily harm
during the offense.
Any material that is relevant and reliable shall be
admissible at the hearing. In all cases, the judge shall enter
an order permitting prosecution under the criminal laws of
Illinois unless the judge makes a finding based on a
preponderance of the evidence that the minor would be amenable
to the care, treatment, and training programs available through

SB1691 - 6 - LRB101 11068 SLF 56272 b
the facilities of the juvenile court based on an evaluation of
the factors listed in this subsection (10).
(11) The changes made to this Section by Public Act 98-61
apply to a minor who has been arrested or taken into custody on
or after January 1, 2014 (the effective date of Public Act
98-61).
(Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; 99-258,
eff. 1-1-16.)