HB 3414 Illinois House · 103rd Regular Session

JUV CT&CD CORR-MINOR-PROSECUTE

Summary
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.
Bill status signed all 4 stages cleared
Introduction
Mar 2023
Committee Review
Apr 2023
House Passage
May 2023
Signed into Law
Jun 2023
Introduced Mar 23, 2023 Signed Jun 30, 2023
Floor votes · House Mar 22, 2023

How they voted

6640
Passed · 10 other
Total votes 116
Mar 22, 2023
D Democratic76
65 Yea 1 Nay 10
85% Yea
R Republican40
1 Yea 39 Nay
97% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
55
Key actions
6
Committee
6
Jun 30, 2023
Signed into law
Governor Approved
lower
May 10, 2023
Lower · Passed
Passed Both Houses
lower
May 10, 2023
Lower · Passed
Third Reading - Passed; 033-020-000
lower
Apr 27, 2023
Lower · Passed
Do Pass Special Committee on Criminal Law and Public Safety; 006-003-000
lower
Apr 12, 2023
Committee
Assigned to Special Committee on Criminal Law and Public Safety
lower
Mar 23, 2023
Committee
Referred to Assignments
lower
Mar 23, 2023
Introduced
Arrive in Senate
lower
Mar 22, 2023
Lower · Passed
Third Reading - Short Debate - Passed 067-040-000
lower
Mar 9, 2023
Lower · Passed
Do Pass / Short Debate Judiciary - Criminal Committee; 015-000-000
lower
Feb 28, 2023
Committee
Assigned to Judiciary - Criminal Committee
lower
Feb 17, 2023
Committee
Referred to Rules Committee
lower
2 primary · 21 co-sponsors

Sponsors