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IL HB2128

Bill

Status

Failed

1/7/2025

Primary Sponsor

Barbara Hernandez

Click for details

Origin

House of Representatives

103rd General Assembly

AI Summary

  • Repeals Section 5-130 of the Juvenile Court Act, which previously excluded certain minors from juvenile court jurisdiction based on charges.

  • Allows State's Attorney to file petition for presumptive transfer to criminal court for minors at least 16 years old charged with first degree murder, aggravated criminal sexual assault, or aggravated battery with firearm where minor personally discharged the firearm.

  • Creates rebuttable presumption that minors meeting transfer criteria are not fit for juvenile court, shifting burden to demonstrate amenability to juvenile rehabilitation based on clear and convincing evidence.

  • Maintains discretionary transfer option for minors 13 years or older charged with any crime, requiring court to consider factors including age, prior record, offense circumstances, and rehabilitation potential.

  • Requires juvenile court judge to give greater weight to offense seriousness and prior delinquent record when determining fitness for transfer to criminal court.

Legislative Description

AUTOMATIC TRANSFER-REPEAL

Last Action

Session Sine Die

1/7/2025

Committee Referrals

Rules3/27/2023
Judiciary - Criminal2/28/2023
Rules2/7/2023

Full Bill Text

No bill text available