Bill Text: IL HB2128 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2023-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB2128 Detail]

Download: Illinois-2023-HB2128-Introduced.html

---

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
HB2128 LRB103 25363 RJT 51708 b
AN ACT concerning juvenile court.
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 5-805 as follows:
(705 ILCS 405/5-805)
Sec. 5-805. Transfer of jurisdiction.
(1) (Blank).
(2) Presumptive transfer.
(a) If a petition is filed under this subsection by
the State's Attorney and the juvenile judge assigned to
hear and determine 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. The State's Attorney
may file a petition, at any time prior to commencement of
the minor's trial, to permit prosecution under the
criminal laws and alleging that: If the State's Attorney

HB2128 - 2 - LRB103 25363 RJT 51708 b
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
(1) the minor is at least 16 years of age and
charged with first degree murder, aggravated criminal
sexual assault, or aggravated batter 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; or
(2) a minor 15 years of age or older committed 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 motions to transfer a case for prosecution
in the criminal court determines that there is
probable cause to believe that the allegations in the

HB2128 - 3 - LRB103 25363 RJT 51708 b
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;
(iii) the circumstances of the offense, including:
(A) the seriousness of the offense,
(B) whether the minor is charged through
accountability,

HB2128 - 4 - LRB103 25363 RJT 51708 b
(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;
(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 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.

HB2128 - 5 - LRB103 25363 RJT 51708 b
(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
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;
(iii) the circumstances of the offense, including:

HB2128 - 6 - LRB103 25363 RJT 51708 b
(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;
(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

HB2128 - 7 - LRB103 25363 RJT 51708 b
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
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 405/5-130 rep.)
Section 10. The Juvenile Court Act of 1987 is amended by
repealing Section 5-130.