HB 3414

Abstract

Amends the Juvenile Court Act of 1987. Provides that 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: (1) any involvement of the minor in the child welfare system, (2) whether there is evidence the minor was subjected to outside pressure, including peer pressure, familial pressure, or negative influences, and (3) the minor's degree of participation and specific role in the offense. Amends the Unified Code of Corrections. Provides that when a person commits an offense and the person is under 18 years of age at the time of the commission of the offense, the court, at the sentencing hearing shall consider the following additional factors in mitigation in determining the appropriate sentence: (1) the person's family, home environment, educational and social background, including any history of domestic or sexual violence or sexual exploitation; (2) childhood trauma, including adverse childhood experiences, the person's involvement in the child welfare system; (3) involvement of the person in the community; (4) if a comprehensive mental health evaluation of the person was conducted by a qualified mental health professional; and (5) the outcome of the evaluation. Provides that notwithstanding any other provision of law, if the court determines by clear and convincing evidence that the individual against whom the person is convicted of committing the offense previously committed certain human trafficking or sex crimes against the person within 3 years before the offense in which the person was convicted, the court may, in its discretion: (1) transfer the person to juvenile court for sentencing under the Juvenile Court Act of 1987; (2) depart from any mandatory minimum sentence, maximum sentence, or sentencing enhancement; or (3) suspend any portion of an otherwise applicable sentence.