Bill Text: IL HB0653 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Juvenile Court Act of 1987. Provides that the definition of delinquent minor shall not apply to any person who (i) was a minor under 17 years of age at the time of the commission of an act which if committed by an adult would constitute the offense of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse, when the victim of any such offense was under 18 years of age, and (ii) has not been subject to a delinquency proceeding under the Act for such act before his or her 21st birthday. Provides that in that case, the person may be charged and prosecuted under the criminal laws of this State in the same manner as a person who has committed an offense on or after his or her 17th birthday. Amends the Criminal Code of 1961. Provides that when the victim is under 18 years of age at the time of the offense, a prosecution for criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse, regardless of the age of the accused at the time of the commission of the offense, may be commenced within 20 years after the child victim attains 18 years of age. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB0653 Detail]

Download: Illinois-2009-HB0653-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB0653 Introduced 02/06/09, by Rep. Jack McGuire SYNOPSIS AS INTRODUCED:
705 ILCS 405/5-130
720 ILCS 5/3-6 from Ch. 38, par. 3-6
Amends the Juvenile Court Act of 1987. Provides that the definition of delinquent minor shall not apply to any person who (i) was a minor under 17 years of age at the time of the commission of an act which if committed by an adult would constitute the offense of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse, when the victim of any such offense was under 18 years of age, and (ii) has not been subject to a delinquency proceeding under the Act for such act before his or her 21st birthday. Provides that in that case, the person may be charged and prosecuted under the criminal laws of this State in the same manner as a person who has committed an offense on or after his or her 17th birthday. Amends the Criminal Code of 1961. Provides that when the victim is under 18 years of age at the time of the offense, a prosecution for criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse, regardless of the age of the accused at the time of the commission of the offense, may be commenced within 20 years after the child victim attains 18 years of age. Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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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 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 15 years of age and who is
charged with: (i) first degree murder, (ii) aggravated criminal
sexual assault, (iii) aggravated battery with a firearm where
the minor personally discharged a firearm as defined in Section
2-15.5 of the Criminal Code of 1961, (iv) armed robbery when
the armed robbery was committed with a firearm, or (v)
aggravated vehicular hijacking when the hijacking was
committed with a firearm.
These charges and all other charges arising out of the same
incident shall be prosecuted under the criminal laws of this
State.
(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

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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 under the Criminal Code of 1961 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.
(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 have available
any or all dispositions prescribed for that offense under
Chapter V 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
State must file a written motion within 10 days following the

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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 accordingly having available to
it any or all dispositions so prescribed.
(2) (Blank).
(3) (a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time of the offense was at least 15 years of age and who is
charged with a violation of the provisions of paragraph (1),
(3), (4), or (10) of subsection (a) of Section 24-1 of the

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Criminal Code of 1961 while in school, regardless of the time
of day or the time of year, or on the real property comprising
any school, regardless of the time of day or the time of year.
School is defined, for purposes of this Section as any public
or private elementary or secondary school, community college,
college, or university. These charges and all other charges
arising out of the same incident shall be prosecuted under the
criminal laws of this State.
(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 (3) 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 under the criminal laws of this
State 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 (3) 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 laws of this State.
(c) (i) If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection (3),
then, in sentencing the minor, the court shall have available

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any or all dispositions prescribed for that offense under
Chapter V 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 (3), 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
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

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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 accordingly having available to
it any or all dispositions so prescribed.
(4) (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 13 years of age and who is
charged with first degree murder committed during the course of
either aggravated criminal sexual assault, criminal sexual
assault, or aggravated kidnaping. However, this subsection (4)
does not include a minor charged with first degree murder based
exclusively upon the accountability provisions of the Criminal
Code of 1961.
(b) (i) If before trial or plea an information or
indictment is filed that does not charge first degree murder
committed during the course of aggravated criminal sexual
assault, criminal sexual assault, or aggravated kidnaping, 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 under the criminal
laws of this State 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

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is filed that includes first degree murder committed during the
course of aggravated criminal sexual assault, criminal sexual
assault, or aggravated kidnaping, and additional charges that
are not specified in paragraph (a) of this subsection, all of
the charges arising out of the same incident shall be
prosecuted under the criminal laws of this State.
(c) (i) If after trial or plea the minor is convicted of
first degree murder committed during the course of aggravated
criminal sexual assault, criminal sexual assault, or
aggravated kidnaping, in sentencing the minor, the court shall
have available any or all dispositions prescribed for that
offense under Chapter V of the Unified Code of Corrections.
(ii) If the minor was not yet 15 years of age at the time of
the offense, and if after trial or plea the court finds that
the minor committed an offense other than first degree murder
committed during the course of either aggravated criminal
sexual assault, criminal sexual assault, or aggravated
kidnapping, the 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 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

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the motion is made by the State, the court shall conduct a
hearing to determine whether 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 delinquent 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 best
interest of the minor and the security of the public require
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
accordingly having available to it any or all dispositions so
prescribed.
(5) (a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who is
charged with a violation of subsection (a) of Section 31-6 or
Section 32-10 of the Criminal Code of 1961 when the minor is
subject to prosecution under the criminal laws of this State as
a result of the application of the provisions of Section 5-125,
or subsection (1) or (2) of this Section. These charges and all

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other charges arising out of the same incident shall be
prosecuted under the criminal laws of this State.
(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 (5), 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 under the criminal laws of this
State 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 (5) 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 laws of this State.
(c) (i) If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection (5),
then, in sentencing the minor, the court shall have available
any or all dispositions prescribed for that offense under
Chapter V 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 (5), the conviction shall not invalidate the verdict
or the prosecution of the minor under the criminal laws of this

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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
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 whether 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 delinquent 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 accordingly having available to
it any or all dispositions so prescribed.
(6) The definition of delinquent minor under Section 5-120

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of this Article shall not apply to any minor who, pursuant to
subsection (1) or (3) or Section 5-805 or 5-810, has previously
been placed under the jurisdiction of the criminal court and
has been convicted of a crime under an adult criminal or penal
statute. Such a minor shall be subject to prosecution under the
criminal laws of this State.
(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 17 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
17th 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

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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,
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

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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
the facilities of the juvenile court based on an evaluation of
the factors listed in this subsection (10).
(11) The definition of delinquent minor under Section 5-120
of this Article shall not apply to any person who (i) was a
minor under 17 years of age at the time of the commission of an
act which if committed by an adult would constitute the offense
of criminal sexual assault, aggravated criminal sexual
assault, predatory criminal sexual assault of a child, or
aggravated criminal sexual abuse, when the victim of any such
offense was under 18 years of age, and (ii) has not been
subject to a delinquency proceeding under this Act for such act
before his or her 21st birthday. In that case, the person may
be charged and prosecuted under the criminal laws of this State
in the same manner as a person who has committed an offense on
or after his or her 17th birthday. A prosecution for such
offense may be commenced within the time period prescribed in
subdivision (j) of Section 3-6 of the Criminal Code of 1961.
(Source: P.A. 94-556, eff. 9-11-05; 94-574, eff. 8-12-05;
94-696, eff. 6-1-06.)
Section 10. The Criminal Code of 1961 is amended by

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changing Section 3-6 as follows:
(720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
Sec. 3-6. Extended limitations. The period within which a
prosecution must be commenced under the provisions of Section
3-5 or other applicable statute is extended under the following
conditions:
(a) A prosecution for theft involving a breach of a
fiduciary obligation to the aggrieved person may be commenced
as follows:
(1) If the aggrieved person is a minor or a person
under legal disability, then during the minority or legal
disability or within one year after the termination
thereof.
(2) In any other instance, within one year after the
discovery of the offense by an aggrieved person, or by a
person who has legal capacity to represent an aggrieved
person or has a legal duty to report the offense, and is
not himself or herself a party to the offense; or in the
absence of such discovery, within one year after the proper
prosecuting officer becomes aware of the offense. However,
in no such case is the period of limitation so extended
more than 3 years beyond the expiration of the period
otherwise applicable.
(b) A prosecution for any offense based upon misconduct in
office by a public officer or employee may be commenced within

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one year after discovery of the offense by a person having a
legal duty to report such offense, or in the absence of such
discovery, within one year after the proper prosecuting officer
becomes aware of the offense. However, in no such case is the
period of limitation so extended more than 3 years beyond the
expiration of the period otherwise applicable.
(c) Except as otherwise provided in subsection (a) of
Section 3-5 of this Code and subdivision (i) or (j) of this
Section, a prosecution for any offense involving sexual conduct
or sexual penetration, as defined in Section 12-12 of this
Code, where the victim and defendant are family members, as
defined in Section 12-12 of this Code, may be commenced within
one year of the victim attaining the age of 18 years.
(d) A prosecution for child pornography, indecent
solicitation of a child, soliciting for a juvenile prostitute,
juvenile pimping or exploitation of a child may be commenced
within one year of the victim attaining the age of 18 years.
However, in no such case shall the time period for prosecution
expire sooner than 3 years after the commission of the offense.
When the victim is under 18 years of age, a prosecution for
criminal sexual abuse may be commenced within one year of the
victim attaining the age of 18 years. However, in no such case
shall the time period for prosecution expire sooner than 3
years after the commission of the offense.
(e) Except as otherwise provided in subdivision (j), a
prosecution for any offense involving sexual conduct or sexual

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penetration, as defined in Section 12-12 of this Code, where
the defendant was within a professional or fiduciary
relationship or a purported professional or fiduciary
relationship with the victim at the time of the commission of
the offense may be commenced within one year after the
discovery of the offense by the victim.
(f) A prosecution for any offense set forth in Section 44
of the "Environmental Protection Act", approved June 29, 1970,
as amended, may be commenced within 5 years after the discovery
of such an offense by a person or agency having the legal duty
to report the offense or in the absence of such discovery,
within 5 years after the proper prosecuting officer becomes
aware of the offense.
(f-5) A prosecution for any offense set forth in Section
16G-15 or 16G-20 of this Code may be commenced within 5 years
after the discovery of the offense by the victim of that
offense.
(g) (Blank).
(h) (Blank).
(i) Except as otherwise provided in subdivision (j), a
prosecution for criminal sexual assault, aggravated criminal
sexual assault, or aggravated criminal sexual abuse may be
commenced within 10 years of the commission of the offense if
the victim reported the offense to law enforcement authorities
within 3 years after the commission of the offense.
Nothing in this subdivision (i) shall be construed to

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shorten a period within which a prosecution must be commenced
under any other provision of this Section.
(j) When the victim is under 18 years of age at the time of
the offense, a prosecution for criminal sexual assault,
aggravated criminal sexual assault, predatory criminal sexual
assault of a child, or aggravated criminal sexual abuse,
regardless of the age of the accused at the time of the
commission of the offense, or a prosecution for failure of a
person who is required to report an alleged or suspected
commission of any of these offenses under the Abused and
Neglected Child Reporting Act may be commenced within 20 years
after the child victim attains 18 years of age.
Nothing in this subdivision (j) shall be construed to
shorten a period within which a prosecution must be commenced
under any other provision of this Section.
(k) A prosecution for theft involving real property
exceeding $100,000 in value under Section 16-1, identity theft
under Section 16G-15, aggravated identity theft under Section
16G-20, or any offense set forth in Article 16H may be
commenced within 7 years of the last act committed in
furtherance of the crime.
(Source: P.A. 94-253, eff. 1-1-06; 94-990, eff. 1-1-07; 95-548,
eff. 8-30-07.)
Section 99. Effective date. This Act takes effect upon
becoming law.