HB 5020

Select Language
  ×
The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.
Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.
The English language version is always the official and authoritative version of this website.
NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.
  Choose Language
  English
  Afrikaans
  Albanian
  Arabic
  Armenian
  Azerbaijani
  Basque
  Bengali
  Bosnian
  Catalan
  Croatian
  Czech
  Danish
  Dutch
  Esperanto
  Estonian
  Filipino
  Finnish
  French
  Galician
  Georgian
  German
  Greek
  Gujarati
  Haitian Creole
  Hausa
  Hawaiian
  Hebrew
  Hindi
  Hungarian
  Icelandic
  Indonesian
  Interlingua
  Interlingue
  Inuktitut
  Irish
  Italian
  Japanese
  Javanese
  Kannada
  Khmer
  Korean
  Latin
  Latvian
  Lithuanian
  Luxembourgish
  Macedonian
  Malagasy
  Malayalam
  Maltese
  Maori
  Marathi
  Myanmar
  Nepali
  Norwegian
  Odia
  Pashto
  Punjabi
  Romanian
  Russian
  Samoan
  Sango
  Sanskrit
  Sardinian
  Sindhi
  Sinhala
  Slovak
  Slovenian
  Somali
  Southern Sotho
  Spanish
  Sundanese
  Swahili
  Swedish
  Tamil
  Telugu
  Thai
  Tigrinya
  Tonga
  Turkish
  Ukrainian
  Urdu
  Vietnamese
  Welsh
  Xhosa
  Yiddish
  Yoruba
  Zulu
  Powered by Translate
  Close
Illinois General Assembly
Top Navigation Bar
  Translate
  Learn
  Select General Assembly
  Search the 104th General Assembly
  Enter search terms for legislation, members, committees, or schedules.
  ILGA.GOV
Mobile Top Bar
  Search the 104th General Assembly
  Enter keywords to search the Illinois General Assembly website.
Full Text of HB5020
Home
Legislation
Full Text
	HB5020 - 104th General Assembly
		Bill Status
		Full Text
		Votes
		Witness Slips
	Select Menu
	Bill Status
	Full Text
	Votes
	Witness Slips
	Printer Friendly Version
			Introduced
			Engrossed
			Enrolled
			House Amendment 001
			Senate Amendment 001
			Public Act
		Printer Friendly Version
		Introduced
		Engrossed
		Enrolled
		House Amendment 001
		Senate Amendment 001
		Public Act
			 Open PDF
		HB5020 Enrolled		LRB104 19811 RLC 33261 b
1    AN ACT concerning courts.
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 5-810 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
9written petition, at any time prior to commencement of the
10minor's trial, to designate the proceeding as an extended
11jurisdiction juvenile prosecution when [and] the petition
12alleges the commission by a minor 13 years of age or older of
13any 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 
22a hearing at which he or she shall first determine whether 
23there is probable cause to believe that the allegations in the 
		HB5020 Enrolled	- 2 -	LRB104 19811 RLC 33261 b
1petition and motion are true. If probable cause is found, the 
2judge shall enter an order designating the proceeding as an
3extended jurisdiction juvenile proceeding if [unless] the judge
4makes a finding based on clear and convincing evidence that
5sentencing under Chapter V of the Unified Code of Corrections
6may [would not] be appropriate for the minor based on an
7evaluation 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 
11consideration 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
16prosecutions. The State's Attorney may file a written motion
17for a proceeding to be designated as an extended jurisdiction
18juvenile prosecution [jurisdiction] prior to commencement of
19trial. Notice of the motion shall be in compliance with
20Section 5-530. When the State's Attorney files a written
21motion that a proceeding be designated an extended
22jurisdiction juvenile prosecution, the court shall commence a
23hearing within 30 days of the filing of the motion for
24designation, unless good cause is shown by the prosecution or
25the minor as to why the hearing could not be held within this
26time period. If the court finds good cause has been
		HB5020 Enrolled	- 5 -	LRB104 19811 RLC 33261 b
1demonstrated, then the hearing shall be held within 60 days of
2the 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
11stated in or offered in connection with this Section may be by
12way of proffer based on reliable information offered by the
13State or the minor. All evidence shall be admissible if it is
14relevant and reliable regardless of whether it would be
15admissible under the rules of evidence.
16    (3) Trial. A minor who is the subject of an extended
17jurisdiction juvenile prosecution has the right to trial by
18jury. Any trial under this Section shall be open to the public.
19    (4) Sentencing. If an extended jurisdiction juvenile
20prosecution under subsection (1) results in a guilty plea, a
21verdict of guilty, or a finding of guilt, the court shall
22impose 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.
4Any sentencing hearing under this Section shall be open to the
5public.
6    (5) If, after an extended jurisdiction juvenile
7prosecution trial, a minor is convicted of a lesser-included
8offense or of an offense that the State's Attorney did not
9designate as an extended jurisdiction juvenile prosecution,
10the State's Attorney may file a written motion, within 10 days
11of the finding of guilt, that the minor be sentenced subject to
12[as an] extended jurisdiction juvenile prosecution [offender]. The
13court shall rule on this motion using the factors found in
14paragraph (b) of subsection (1) and the procedures in 
15subsection (2) [paragraph (1)(b) of Section 5-805]. If the court
16denies the State's Attorney's motion for sentencing under the
17extended jurisdiction juvenile prosecution provision, the
18court 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
23offense that would be a forcible felony if committed by an 
24adult, the felony offense of aggravated fleeing or attempting 
25to elude a peace officer, or a felony offense involving the use 
26or unlawful possession of a firearm, the State's Attorney may 
		HB5020 Enrolled	- 7 -	LRB104 19811 RLC 33261 b
1file a petition to revoke the stay. The State's Attorney must 
2notify the minor, the minor's counsel, and the minor's parents 
3or guardians of the [upon the filing of a] petition to revoke the
4stay, after which the court may[, without notice,] issue a
5warrant for the arrest of the minor. After a hearing, if the
6court finds by clear and convincing evidence [a preponderance ]
7[of the evidence] that the minor committed a new qualifying
8offense, there is a rebuttable presumption that the court
9shall order execution of the previously imposed adult criminal
10sentence if the new offense is a forcible felony as defined in 
11paragraph (1.5) of subsection (a) of Section 110-6.1 of the 
12Code of Criminal Procedure of 1963 or a Class 3 or higher 
13felony offense involving use or unlawful possession of a 
14firearm. For all other qualifying offenses, the court may 
15order execution of the previously imposed adult criminal 
16sentence if, after a hearing, the court has found by clear and 
17convincing evidence the minor committed the offense. If the 
18court declines to order execution of the previously imposed 
19adult criminal sentence, the court may continue the minor on 
20the existing juvenile sentence with or without modifying or 
21enlarging the conditions. After a hearing, if the court finds
22by clear and convincing evidence [a preponderance of the ]
23[evidence] that the minor committed a violation of the minor's
24sentence 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
1or without modifying or enlarging the conditions. Upon
2revocation of the stay of the adult criminal sentence and
3imposition of that sentence, the minor's extended jurisdiction
4juvenile status shall be terminated. The on-going jurisdiction
5over the minor's case shall be assumed by the adult criminal
6court and juvenile court jurisdiction shall be terminated and
7a report of the imposition of the adult sentence shall be sent
8to the Illinois State Police.
9    (7) Upon successful completion of the juvenile sentence
10the court shall vacate the adult criminal sentence.
11    (8) Nothing in this Section precludes the State from
12filing a motion for transfer under Section 5-805.
13(Source: P.A. 103-22, eff. 8-8-23; 103-191, eff. 1-1-24;
14103-605, eff. 7-1-24.)