JUV CT-EXTENDED JUR JUV PROS

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Full Text of HB5020

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HB5020 - 104th General Assembly

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HB5020 Enrolled
LRB104 19811 RLC 33261 b
1

AN ACT concerning courts.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Juvenile Court Act of 1987 is amended by
5
changing Section 5-810 as follows:

6

(705 ILCS 405/5-810)
7

Sec. 5-810.
Extended jurisdiction juvenile prosecutions.
8

(1)(a)
The

If the
State's Attorney
may file

files
a
9
written
petition, at any time prior to commencement of the
10
minor's trial, to designate the proceeding as an extended
11
jurisdiction juvenile prosecution
when

and
the petition
12
alleges the commission by a minor 13 years of age or older of
13
any offense which would be a felony if committed by an adult
,
14
and, if the juvenile judge assigned to hear and determine
15
petitions to designate the proceeding as an extended
16
jurisdiction juvenile prosecution determines that there is
17
probable cause to believe that the allegations in the petition
18
and motion are true, there is a rebuttable presumption that
19
the proceeding shall be designated as an extended jurisdiction
20
juvenile proceeding
.
21

(b)
Upon filing of a petition, the

The
judge shall
conduct
22
a hearing at which he or she shall first determine whether
23
there is probable cause to believe that the allegations in the

HB5020 Enrolled
- 2 -
LRB104 19811 RLC 33261 b
1
petition and motion are true. If probable cause is found, the
2
judge shall
enter an order designating the proceeding as an
3
extended jurisdiction juvenile proceeding
if

unless
the judge
4
makes a finding based on clear and convincing evidence that
5
sentencing under Chapter V of the Unified Code of Corrections
6
may

would not
be appropriate for the minor based on an
7
evaluation of the following factors:
8

(i) the
minor's age at the time of the offense,
9

including the ability to consider risks and consequences
10

of behavior, and any presence of cognitive or
11

developmental disability, or both, including if a
12

comprehensive mental health evaluation of the minor was
13

conducted by a qualified mental health professional, the
14

outcome of the evaluation

age of the minor
;
15

(ii) the history of the minor, including:
16

(A) any previous delinquent or criminal history of
17

the minor
;

,

18

(B)
the minor's family, home environment,
19

educational and social background, including any
20

history of parental neglect, domestic or sexual
21

violence, sexual exploitation, physical abuse, or
22

other childhood trauma including adverse childhood
23

experiences;

any previous abuse or neglect history of
24

the minor,

25

(C) any mental health, physical and/or educational
26

history of the minor, and

HB5020 Enrolled
- 3 -
LRB104 19811 RLC 33261 b
1

(D) any involvement of the minor in the child
2

welfare system;
3

(iii) the circumstances of the offense, including:
4

(A) the seriousness of the offense
;

,

5

(B)
(blank);

whether the minor is charged through
6

accountability,

7

(C) whether there is evidence the offense was
8

committed in an aggressive and premeditated manner
;

,

9

(D) whether there is evidence the offense caused
10

serious bodily harm
;

,

11

(E) whether there is evidence the minor possessed
12

a deadly weapon
;

,

13

(F) whether there is evidence the minor was
14

subjected to outside pressure, including peer
15

pressure, familial pressure, or negative influences
;

,

16

and
17

(G) the minor's degree of participation and
18

specific role in the offense
, including the level of
19

planning by the minor before the offense and whether
20

the minor is charged through accountability
;
21

(iv) the advantages of treatment within the juvenile
22

justice system including whether there are facilities or
23

programs, or both, particularly available in the juvenile
24

system
, and the minor's potential for rehabilitation or
25

evidence of rehabilitation, or both.

;

26

(v) whether the security of the public requires

HB5020 Enrolled
- 4 -
LRB104 19811 RLC 33261 b
1

sentencing under Chapter V of the Unified Code of
2

Corrections:
3

(A) the minor's history of services, including the
4

minor's willingness to participate meaningfully in
5

available services;
6

(B) whether there is a reasonable likelihood that
7

the minor can be rehabilitated before the expiration
8

of the juvenile court's jurisdiction;
9

(C) the adequacy of the punishment or services.
10

The trial court shall specify on the record its
11
consideration of these factors

In considering these factors,
12
the court shall give greater weight to the seriousness of the
13
alleged offense, and the minor's prior record of delinquency
14
than to other factors listed in this subsection
.
15

(2) Procedures for extended jurisdiction juvenile
16
prosecutions. The State's Attorney may file a written motion
17
for a proceeding to be designated as an extended
jurisdiction

18
juvenile
prosecution

jurisdiction
prior to commencement of
19
trial. Notice of the motion shall be in compliance with
20
Section 5-530. When the State's Attorney files a written
21
motion that a proceeding be designated an extended
22
jurisdiction juvenile prosecution, the court shall commence a
23
hearing within 30 days of the filing of the motion for
24
designation, unless good cause is shown by the prosecution or
25
the minor as to why the hearing could not be held within this
26
time period. If the court finds good cause has been

HB5020 Enrolled
- 5 -
LRB104 19811 RLC 33261 b
1
demonstrated, then the hearing shall be held within 60 days of
2
the filing of the motion.
The minor may waive these timelines

3
The hearings shall be open to the public unless the judge finds
4
that the hearing should be closed for the protection of any
5
party, victim or witness. If the Juvenile Judge assigned to
6
hear and determine a motion to designate an extended
7
jurisdiction juvenile prosecution determines that there is
8
probable cause to believe that the allegations in the petition
9
and motion are true the court shall grant the motion for
10
designation
. Information used by the court in its findings or
11
stated in or offered in connection with this Section may be by
12
way of proffer based on reliable information offered by the
13
State or the minor. All evidence shall be admissible if it is
14
relevant and reliable regardless of whether it would be
15
admissible under the rules of evidence.
16

(3) Trial. A minor who is
the
subject of an extended
17
jurisdiction juvenile prosecution has the right to trial by
18
jury. Any trial under this Section shall be open to the public.
19

(4) Sentencing. If an extended jurisdiction juvenile
20
prosecution under subsection (1) results in a guilty plea, a
21
verdict of guilty, or a finding of guilt, the court shall
22
impose the following:
23

(i) one or more juvenile sentences under Section
24

5-710; and
25

(ii) an adult criminal sentence in accordance with the
26

provisions of Section 5-4.5-105 of the Unified Code of

HB5020 Enrolled
- 6 -
LRB104 19811 RLC 33261 b
1

Corrections, the execution of which shall be stayed on the
2

condition that the
minor

offender
not violate the
3

provisions of the juvenile sentence.
4
Any sentencing hearing under this Section shall be open to the
5
public.
6

(5) If, after an extended jurisdiction juvenile
7
prosecution trial, a minor is convicted of a lesser-included
8
offense or of an offense that the State's Attorney did not
9
designate as an extended jurisdiction juvenile prosecution,
10
the State's Attorney may file a written motion, within 10 days
11
of the finding of guilt, that the minor be sentenced
subject to

12
as an
extended jurisdiction juvenile prosecution
offender
. The
13
court shall rule on this motion using the factors found in
14
paragraph (b) of subsection (1) and the procedures in
15
subsection (2)

paragraph (1)(b) of Section 5-805
. If the court
16
denies the State's Attorney's motion for sentencing under the
17
extended jurisdiction juvenile prosecution provision, the
18
court shall proceed to sentence the minor under Section 5-710.
19

(6) When it appears that a minor
adjudicated delinquent

20
convicted
in an extended jurisdiction juvenile prosecution
21
under subsection (1) has violated the conditions of the
22
minor's sentence, or
is alleged to have committed a new
23
offense
that would be a forcible felony if committed by an
24
adult, the felony offense of aggravated fleeing or attempting
25
to elude a peace officer, or a felony offense involving the use
26
or unlawful possession of a firearm, the State's Attorney may

HB5020 Enrolled
- 7 -
LRB104 19811 RLC 33261 b
1
file a petition to revoke the stay. The State's Attorney must
2
notify the minor, the minor's counsel, and the minor's parents
3
or guardians of the

upon the filing of a
petition to revoke the
4
stay,
after which
the court may
, without notice,
issue a
5
warrant for the arrest of the minor. After a hearing, if the
6
court finds by
clear and convincing evidence

a preponderance
7
of the evidence
that the minor committed a new
qualifying

8
offense,
there is a rebuttable presumption that
the court
9
shall order execution of the previously imposed adult criminal
10
sentence
if the new offense is a forcible felony as defined in
11
paragraph (1.5) of subsection (a) of Section 110-6.1 of the
12
Code of Criminal Procedure of 1963 or a Class 3 or higher
13
felony offense involving use or unlawful possession of a
14
firearm. For all other qualifying offenses, the court may
15
order execution of the previously imposed adult criminal
16
sentence if, after a hearing, the court has found by clear and
17
convincing evidence the minor committed the offense. If the
18
court declines to order execution of the previously imposed
19
adult criminal sentence, the court may continue the minor on
20
the existing juvenile sentence with or without modifying or
21
enlarging the conditions
. After a hearing, if the court finds
22
by
clear and convincing evidence

a preponderance of the
23
evidence
that the minor committed a violation of the minor's
24
sentence other than by a new offense, the court may
order
25
execution of the previously imposed adult criminal sentence or
26
may
continue the minor on the existing juvenile sentence with

HB5020 Enrolled
- 8 -
LRB104 19811 RLC 33261 b
1
or without modifying or enlarging the conditions. Upon
2
revocation of the stay of the adult criminal sentence and
3
imposition of that sentence, the minor's extended jurisdiction
4
juvenile status shall be terminated. The on-going jurisdiction
5
over the minor's case shall be assumed by the adult criminal
6
court and juvenile court jurisdiction shall be terminated and
7
a report of the imposition of the adult sentence shall be sent
8
to the Illinois State Police.
9

(7) Upon successful completion of the juvenile sentence
10
the court shall vacate the adult criminal sentence.
11

(8) Nothing in this Section precludes the State from
12
filing a motion for transfer under Section 5-805.
13
(Source: P.A. 103-22, eff. 8-8-23; 103-191, eff. 1-1-24;
14
103-605, eff. 7-1-24.)

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