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IL HB3414
Bill
Status
6/30/2023
Primary Sponsor
Lilian Jimenez
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AI Summary
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Establishes rebuttable presumption that minors age 15+ charged with forcible felonies must be transferred to adult criminal court if they have prior forcible felony adjudications and the offense was committed in furtherance of organized gang activity.
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Requires judges to consider clear and convincing evidence of amenability to juvenile rehabilitation before permitting prosecution under criminal law, evaluating factors including age, history, offense circumstances, available treatment, and public safety needs.
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Expands discretionary transfer provisions for minors age 13+ charged with any felony to include new evaluation factors such as outside pressure (peer, familial, or negative influences) and minor's degree of participation and specific role in the offense.
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Requires sentencing judges to specify on the record their consideration of juvenile age and maturity factors, and grants judges discretion to depart from mandatory minimums or transfer to juvenile court if victim previously committed sex crimes against the defendant within 3 years.
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Adds factors for judicial consideration in sentencing minors under 18, including involvement in child welfare system, community involvement, mental health evaluations, and prioritizes treatment and rehabilitation for minor victims of sex crimes who commit violence against abusers.
Legislative Description
JUV CT&CD CORR-MINOR-PROSECUTE
Last Action
Public Act . . . . . . . . . 103-0191
6/30/2023