HB 4538

Abstract

Amends the Juvenile Court Act of 1987. Eliminates provisions that require automatic prosecution of minors as adults. Eliminates mandatory and presumptive transfers to adult criminal prosecution. Provides that all transfers to adult criminal prosecution are discretionary transfers. Provides that if a petition alleges commission by a minor 13 years of age or over of an act that constitutes a crime under the laws of the State and, on motion of the State's Attorney to permit prosecution of the minor under the criminal laws, a Juvenile Judge assigned by the Chief Judge of the Circuit to hear and determine those motions, after hearing but before commencement of the trial, finds that there is probable cause to believe that the allegations in the motion are true and that it is not in the best interests of the public to proceed under the Act, the court may enter an order permitting prosecution under the criminal laws. Provides that the factors that the court must consider for discretionary transfer apply to any act that if committed by an adult would constitute a crime that would subject a minor to juvenile jurisdiction if not transferred for adult criminal prosecution. Provides that the changes made to this provision by the amendatory Act apply to a minor who has been arrested or taken into custody on or after the effective date of the amendatory Act. Amends the Code of Criminal Procedure of 1963 to make a conforming change.