Amends the Juvenile Court Act of 1987. Provides that the State's Attorney may file a written petition, at any time prior to commencement of the minor's trial, to designate the proceeding as an extended jurisdiction juvenile prosecution when the petition alleges the commission by a minor 15 (rather than 13) years of age or older of any offense that would be a felony if committed by an adult. Provides that, upon filing of a petition, the judge shall conduct a hearing at which he or she shall first determine whether there is probable cause to believe that the allegations in the petition and motion are true. Provides that, if probable cause is found, the judge may enter an order designating the proceeding as an extended jurisdiction juvenile proceeding if the judge makes a finding based on clear and convincing evidence that sentencing under the Unified Code of Corrections may be appropriate for the minor based on an evaluation of certain factors. Provides that the judge shall consider: (1) the minor's age, impetuosity, and level of maturity at the time of the offense, including the ability to consider risks and consequences of behavior, and any presence of cognitive or developmental disability, or both, including if a comprehensive mental health evaluation of the minor was conducted by a qualified mental health professional, the outcome of the evaluation; and (2) the history of the minor, including the minor's family, home environment, educational and social background, including any history of parental neglect, domestic or sexual violence, sexual exploitation, physical abuse, or other childhood trauma, including adverse childhood experiences. Makes other changes.
House Floor Amendment No. 1: Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill. Restores the minimum age of 13 at which a petition may be filed to designate the proceeding as an extended jurisdiction juvenile prosecution. Restores various factors that the judge may consider in designating a proceeding an extended jurisdiction juvenile prosecution. Deletes as a factor the consideration of the minor's impetuosity and level of maturity. Provides that the offenses that may be considered by the State's Attorney in determining whether to file a petition to revoke the stay of an adult sentence under the Unified Code of Corrections include a felony offense involving the use or unlawful possession of a firearm. Provides that after a hearing, if the court finds by clear and convincing evidence (rather than beyond a reasonable doubt) that the minor committed a new qualifying offense, that there is a rebuttable presumption that the court may order execution of the previously imposed adult criminal sentence. Provides that after a hearing, if the court finds by clear and convincing evidence that the minor committed a new qualifying offense, there is a rebuttable presumption that the court shall order execution of the previously imposed adult criminal sentence unless the new offense is a non-violent forcible felony or a Class 4 felony unlawful possession of a weapon offense and the defendant is 18 years of age or older. Provides that if the court declines to order execution of the previously imposed adult criminal sentence, the court may continue the minor on the existing juvenile sentence with or without modifying or enlarging the conditions.
Senate Committee Amendment No. 1: Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill. Provides that if an adjudicated delinquent in an extended jurisdiction juvenile prosecution is alleged to have committed a new qualifying offense, other than a forcible felony, as defined in the denial of pretrial release provisions of the Code of Criminal Procedure of 1963 or a Class 3 or higher felony offense involving use or unlawful possession of a firearm, the court may order execution of the previously imposed adult criminal sentence if, after a hearing, the court has found by clear and convincing evidence the minor committed the offense. Provides that if the court declines to order execution of the previously imposed adult criminal sentence, the court may continue the minor on the existing juvenile sentence with or without modifying or enlarging the conditions. Makes other changes.

Statutes affected:
Introduced: 705 ILCS 405/5
Engrossed: 705 ILCS 405/5
Enrolled: 705 ILCS 405/5