103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2128
 
Introduced , by Rep. Barbara Hernandez
 
SYNOPSIS AS INTRODUCED:



  
705 ILCS 405/5-805
705 ILCS 405/5-130 rep.

 Amends the Juvenile Court Act. Repeals a provision excluding certain minors accused of committing specified crimes from the jurisdiction of the juvenile court. In provisions concerning presumptive transfers, provides that a State's Attorney may file a petition for transfer to criminal court for a minor who is at least 16 years of age and charged with first degree murder, aggravated criminal sexual assault, or specified instances of aggravated battery with a firearm.



LRB103 25363 RJT 51708 b


 
 
A BILL FOR
 


HB2128LRB103 25363 RJT 51708 b



1 AN ACT concerning juvenile court.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Juvenile Court Act of 1987 is amended by 
5changing Section 5-805 as follows:



6 (705 ILCS 405/5-805)


7 Sec. 5-805. Transfer of jurisdiction. 

8 (1) (Blank).


9 (2) Presumptive transfer. 

10  (a) If a petition is filed under this subsection by 
11 the State's Attorney and the juvenile judge
assigned to 
12 hear and determine motions to transfer a case for 
13 prosecution in
the criminal court determines that there is 
14 probable cause to believe that the
allegations in the 
15 petition and motion are true, there is a rebuttable

16 presumption that the minor is not a fit and proper subject 
17 to be dealt with
under the Juvenile Justice Reform 
18 Provisions of 1998 (Public Act 90-590),
and that, except 
19 as provided in paragraph (b), the case should be 
20 transferred
to the criminal court. The State's Attorney 
21 may file a petition, at any time prior to
commencement of 
22 the minor's trial, to permit prosecution under the 
23 criminal
laws and alleging that: If the State's Attorney 
 
 
HB2128- 2 -LRB103 25363 RJT 51708 b


1 files a petition, at any time prior to
commencement of the 
2 minor's trial, to permit prosecution under the criminal

3 laws and the petition alleges 
4   (1) the minor is at least 16 years of age and 
5 charged with first degree murder, aggravated criminal 
6 sexual assault, or aggravated batter with a firearm as 
7 described in Section 12-4.2 or subdivision (e)(1), 
8 (e)(2), (e)(3), or (e)(4) of Section 12-3.05 where the 
9 minor personally discharged a firearm as defined in 
10 Section 2-15.5 of the Criminal Code of 1961 or the 
11 Criminal Code of 2012; or 
12   (2) a minor 15 years of age or older committed
of 
13 an act that constitutes a forcible felony under the 
14 laws of this State, and
if a motion by the State's 
15 Attorney to prosecute the minor under the criminal

16 laws of Illinois for the alleged forcible felony 
17 alleges that (i) the minor has
previously been 
18 adjudicated delinquent or found guilty for commission 
19 of an act
that constitutes a forcible felony under the 
20 laws of this State or any other state and
(ii) the act 
21 that constitutes the offense was committed in 
22 furtherance of
criminal activity by an organized gang, 
23 and, if the juvenile judge
assigned to hear and 
24 determine motions to transfer a case for prosecution 
25 in
the criminal court determines that there is 
26 probable cause to believe that the
allegations in the 
 
 
HB2128- 3 -LRB103 25363 RJT 51708 b


1 petition and motion are true, there is a rebuttable

2 presumption that the minor is not a fit and proper 
3 subject to be dealt with
under the Juvenile Justice 
4 Reform Provisions of 1998 (Public Act 90-590),
and 
5 that, except as provided in paragraph (b), the case 
6 should be transferred
to the criminal court.

7  (b) The judge shall enter an order permitting 
8 prosecution under the
criminal laws of Illinois unless the 
9 judge makes a finding based on clear and
convincing 
10 evidence that the minor would be amenable to the care, 
11 treatment,
and training programs available through the 
12 facilities of the juvenile court
based on an evaluation of 
13 the following:

14   (i) the age of the minor;

15   (ii) the history of the minor, including:

16    (A) any previous delinquent or criminal 
17 history of the minor,
18    (B) any previous abuse or neglect history of 
19 the minor, and

20    (C) any mental health, physical or educational 
21 history of the minor or combination of these 
22 factors;

23   (iii) the circumstances of the offense, including:

24    (A) the seriousness of the offense,

25    (B) whether the minor is charged through 
26 accountability,

 
 
HB2128- 4 -LRB103 25363 RJT 51708 b


1    (C) whether there is evidence the offense was 
2 committed in an aggressive and premeditated 
3 manner,

4    (D) whether there is evidence the offense 
5 caused serious bodily harm,

6    (E) whether there is evidence the minor 
7 possessed a deadly weapon;

8   (iv) the advantages of treatment within the 
9 juvenile justice system including whether there are 
10 facilities or programs, or both, particularly 
11 available in the juvenile system;

12   (v) whether the security of the public requires 
13 sentencing under Chapter V of the Unified Code of 
14 Corrections:

15    (A) the minor's history of services, including 
16 the minor's willingness to participate 
17 meaningfully in available services;

18    (B) whether there is a reasonable likelihood 
19 that the minor can be rehabilitated before the 
20 expiration of the juvenile court's jurisdiction;

21    (C) the adequacy of the punishment or 
22 services.


23  In considering these factors, the court shall give 
24 greater
weight to the seriousness of the alleged offense 
25 and the minor's prior record
of delinquency than to the 
26 other factors listed in this subsection.

 
 
HB2128- 5 -LRB103 25363 RJT 51708 b


1 (3) Discretionary transfer. 

2  (a) If a petition alleges commission by a minor 13 
3 years of age or over of
an act that constitutes a crime 
4 under the laws of this State and, on motion of
the State's 
5 Attorney to permit prosecution of the minor under the 
6 criminal
laws, a Juvenile Judge assigned by the Chief 
7 Judge of the Circuit to hear and
determine those motions, 
8 after hearing but before commencement of the
trial, finds 
9 that there is probable cause to believe that the

10 allegations in the motion are true and that it is not in 
11 the best interests
of the public to proceed under this 
12 Act, the court may enter an
order permitting prosecution 
13 under the criminal laws.

14  (b) In making its determination on the motion to 
15 permit prosecution under
the criminal laws, the court 
16 shall consider among other matters: 

17   (i) the age of the minor;

18   (ii) the history of the minor, including:

19    (A) any previous delinquent or criminal 
20 history of the minor,

21    (B) any previous abuse or neglect history of 
22 the minor, and

23    (C) any mental health, physical, or 
24 educational history of the minor or combination of 
25 these factors;

26   (iii) the circumstances of the offense, including:

 
 
HB2128- 6 -LRB103 25363 RJT 51708 b


1    (A) the seriousness of the offense,

2    (B) whether the minor is charged through 
3 accountability,

4    (C) whether there is evidence the offense was 
5 committed in an aggressive and premeditated 
6 manner,

7    (D) whether there is evidence the offense 
8 caused serious bodily harm,

9    (E) whether there is evidence the minor 
10 possessed a deadly weapon;

11   (iv) the advantages of treatment within the 
12 juvenile justice system including whether there are 
13 facilities or programs, or both, particularly 
14 available in the juvenile system;

15   (v) whether the security of the public requires 
16 sentencing under Chapter V of the Unified Code of 
17 Corrections:

18    (A) the minor's history of services, including 
19 the minor's willingness to participate 
20 meaningfully in available services;

21    (B) whether there is a reasonable likelihood 
22 that the minor can be rehabilitated before the 
23 expiration of the juvenile court's jurisdiction;

24    (C) the adequacy of the punishment or 
25 services.


26  In considering these factors, the court shall give 
 
 
HB2128- 7 -LRB103 25363 RJT 51708 b


1 greater
weight to the seriousness of the alleged offense, 
2 the minor's prior record
of delinquency than to the other 
3 factors listed in this subsection.

4 (4) The rules of evidence for this hearing shall be the 
5same as under
Section 5-705 of this Act. A minor must be 
6represented in court by counsel
before the hearing may be 
7commenced.

8 (5) If criminal proceedings are instituted, the petition 
9for adjudication
of wardship shall be dismissed insofar as the 
10act or acts involved in the
criminal proceedings. Taking of 
11evidence in a trial on petition for
adjudication of wardship 
12is a bar to criminal proceedings based upon the
conduct 
13alleged in the petition.

14 (6) When criminal prosecution is permitted under this 
15Section and a finding of guilt is entered, the criminal court 
16shall sentence the minor under Section 5-4.5-105 of the 
17Unified Code of Corrections.
18 (7) The changes made to this Section by this amendatory 
19Act of the 99th General Assembly apply to a minor who has been 
20taken into custody on or after the effective date of this 
21amendatory Act of the 99th General Assembly. 
22(Source: P.A. 99-258, eff. 1-1-16.)


23 (705 ILCS 405/5-130 rep.)
24 Section 10. The Juvenile Court Act of 1987 is amended by 
25repealing Section 5-130.