Rep. Dave Vella
Filed: 4/14/2026
 
 

 
 

 
10400HB5020ham001LRB104 19811 RLC 36667 a

1
AMENDMENT TO HOUSE BILL 5020

2    AMENDMENT NO. ______. Amend House Bill 5020 by replacing 
3everything after the enacting clause with the following:
 
4    "Section 5. The Juvenile Court Act of 1987 is amended by 
5changing Section 5-810 as follows:
 
6    (705 ILCS 405/5-810)
7    Sec. 5-810. Extended jurisdiction juvenile prosecutions. 
8    (1)(a) The If the State's Attorney may file files a 
9written petition, at any time prior to commencement of the 
10minor's trial, to designate the proceeding as an extended 
11jurisdiction juvenile prosecution when and the petition 
12alleges the commission by a minor 13 years of age or older of 
13any offense which would be a felony if committed by an adult, 
14and, if the juvenile judge assigned to hear and determine 
15petitions to designate the proceeding as an extended 
16jurisdiction juvenile prosecution determines that there is 
 
 
10400HB5020ham001- 2 -LRB104 19811 RLC 36667 a

1probable cause to believe that the allegations in the petition 
2and motion are true, there is a rebuttable presumption that 
3the proceeding shall be designated as an extended jurisdiction 
4juvenile proceeding.
5    (b) Upon filing of a petition, the The judge shall conduct 
6a hearing at which he or she shall first determine whether 
7there is probable cause to believe that the allegations in the 
8petition and motion are true. If probable cause is found, the 
9judge shall enter an order designating the proceeding as an 
10extended jurisdiction juvenile proceeding if unless the judge 
11makes a finding based on clear and convincing evidence that 
12sentencing under Chapter V of the Unified Code of Corrections 
13may would not be appropriate for the minor based on an 
14evaluation of the following factors:
15        (i) the minor's age at the time of the offense, 
16    including the ability to consider risks and consequences 
17    of behavior, and any presence of cognitive or 
18    developmental disability, or both, including if a 
19    comprehensive mental health evaluation of the minor was 
20    conducted by a qualified mental health professional, the 
21    outcome of the evaluation age of the minor; 
22        (ii) the history of the minor, including: 
23            (A) any previous delinquent or criminal history of 
24        the minor; ,    
25            (B) the minor's family, home environment, 
26        educational and social background, including any 
 
 
10400HB5020ham001- 3 -LRB104 19811 RLC 36667 a

1        history of parental neglect, domestic or sexual 
2        violence, sexual exploitation, physical abuse, or 
3        other childhood trauma including adverse childhood 
4        experiences; any previous abuse or neglect history of 
5        the minor,    
6            (C) any mental health, physical and/or educational 
7        history of the minor, and
8            (D) any involvement of the minor in the child 
9        welfare system;
10        (iii) the circumstances of the offense, including: 
11            (A) the seriousness of the offense, ,    
12            (B) (blank), whether the minor is charged through 
13        accountability,    
14            (C) whether there is evidence the offense was 
15        committed in an aggressive and premeditated manner, 
16            (D) whether there is evidence the offense caused 
17        serious bodily harm, 
18            (E) whether there is evidence the minor possessed 
19        a deadly weapon, 
20            (F) whether there is evidence the minor was 
21        subjected to outside pressure, including peer 
22        pressure, familial pressure, or negative influences; ,    
23        and
24            (G) the minor's degree of participation and 
25        specific role in the offense, including the level of 
26        planning by the minor before the offense and whether 
 
 
10400HB5020ham001- 4 -LRB104 19811 RLC 36667 a

1        the minor is charged through accountability; 
2        (iv) the advantages of treatment within the juvenile 
3    justice system including whether there are facilities or 
4    programs, or both, particularly available in the juvenile 
5    system, and the minor's potential for rehabilitation or 
6    evidence of rehabilitation, or both. ;    
7        (v) whether the security of the public requires 
8    sentencing under Chapter V of the Unified Code of 
9    Corrections:
10            (A) the minor's history of services, including the 
11        minor's willingness to participate meaningfully in 
12        available services;
13            (B) whether there is a reasonable likelihood that 
14        the minor can be rehabilitated before the expiration 
15        of the juvenile court's jurisdiction;
16            (C) the adequacy of the punishment or services.
17    The trial court shall specify on the record its 
18consideration of these factors In considering these factors, 
19the court shall give greater weight to the seriousness of the 
20alleged offense, and the minor's prior record of delinquency 
21than to other factors listed in this subsection.
22    (2) Procedures for extended jurisdiction juvenile 
23prosecutions. The State's Attorney may file a written motion 
24for a proceeding to be designated as an extended juvenile 
25jurisdiction prior to commencement of trial. Notice of the 
26motion shall be in compliance with Section 5-530. When the 
 
 
10400HB5020ham001- 5 -LRB104 19811 RLC 36667 a

1State's Attorney files a written motion that a proceeding be 
2designated an extended jurisdiction juvenile prosecution, the 
3court shall commence a hearing within 30 days of the filing of 
4the motion for designation, unless good cause is shown by the 
5prosecution or the minor as to why the hearing could not be 
6held within this time period. If the court finds good cause has 
7been demonstrated, then the hearing shall be held within 60 
8days of the filing of the motion. The minor may waive these 
9timelines The hearings shall be open to the public unless the 
10judge finds that the hearing should be closed for the 
11protection of any party, victim or witness. If the Juvenile 
12Judge assigned to hear and determine a motion to designate an 
13extended jurisdiction juvenile prosecution determines that 
14there is probable cause to believe that the allegations in the 
15petition and motion are true the court shall grant the motion 
16for designation. Information used by the court in its findings 
17or stated in or offered in connection with this Section may be 
18by way of proffer based on reliable information offered by the 
19State or the minor. All evidence shall be admissible if it is 
20relevant and reliable regardless of whether it would be 
21admissible under the rules of evidence. 
22    (3) Trial. A minor who is the subject of an extended 
23jurisdiction juvenile prosecution has the right to trial by 
24jury. Any trial under this Section shall be open to the public.
25    (4) Sentencing. If an extended jurisdiction juvenile 
26prosecution under subsection (1) results in a guilty plea, a 
 
 
10400HB5020ham001- 6 -LRB104 19811 RLC 36667 a

1verdict of guilty, or a finding of guilt, the court shall 
2impose the following:
3        (i) one or more juvenile sentences under Section 
4    5-710; and
5        (ii) an adult criminal sentence in accordance with the 
6    provisions of Section 5-4.5-105 of the Unified Code of 
7    Corrections, the execution of which shall be stayed on the 
8    condition that the minor offender not violate the 
9    provisions of the juvenile sentence.
10Any sentencing hearing under this Section shall be open to the 
11public.
12    (5) If, after an extended jurisdiction juvenile 
13prosecution trial, a minor is convicted of a lesser-included 
14offense or of an offense that the State's Attorney did not 
15designate as an extended jurisdiction juvenile prosecution, 
16the State's Attorney may file a written motion, within 10 days 
17of the finding of guilt, that the minor be sentenced subject to    
18as an extended jurisdiction juvenile prosecution offender. The 
19court shall rule on this motion using the factors found in 
20paragraph (b) of subsection (1) and the procedures in 
21subsection (2) paragraph (1)(b) of Section 5-805. If the court 
22denies the State's Attorney's motion for sentencing under the 
23extended jurisdiction juvenile prosecution provision, the 
24court shall proceed to sentence the minor under Section 5-710.
25    (6) When it appears that a minor adjudicated delinquent    
26convicted in an extended jurisdiction juvenile prosecution 
 
 
10400HB5020ham001- 7 -LRB104 19811 RLC 36667 a

1under subsection (1) has violated the conditions of the 
2minor's sentence, or is alleged to have committed a new 
3offense that would be a forcible felony if committed by an 
4adult, or a felony offense involving the use or unlawful 
5possession of a firearm, the State's Attorney may file a 
6petition to revoke the stay. The State's Attorney must notify 
7the minor, minor's counsel, and the minor's parents or 
8guardians of the upon the filing of a petition to revoke the 
9stay, after which the court may, without notice, issue a 
10warrant for the arrest of the minor. After a hearing, if the 
11court finds by clear and convincing evidence a preponderance 
12of the evidence that the minor committed a new qualifying    
13offense, there is a rebuttable presumption that the court 
14shall order execution of the previously imposed adult criminal 
15sentence unless the new offense is a non-violent forcible 
16felony or a Class 4 felony unlawful possession of a weapon 
17offense and the defendant is 18 years of age or older. If the 
18court declines to order execution of the previously imposed 
19adult criminal sentence, the court may continue the minor on 
20the existing juvenile sentence with or without modifying or 
21enlarging the conditions. After a hearing, if the court finds 
22by clear and convincing evidence a preponderance of the 
23evidence that the minor committed a violation of the minor's 
24sentence other than by a new offense, the court may order 
25execution of the previously imposed adult criminal sentence or 
26may continue the minor on the existing juvenile sentence with 
 
 
10400HB5020ham001- 8 -LRB104 19811 RLC 36667 a

1or without modifying or enlarging the conditions. Upon 
2revocation of the stay of the adult criminal sentence and 
3imposition of that sentence, the minor's extended jurisdiction 
4juvenile status shall be terminated. The on-going jurisdiction 
5over the minor's case shall be assumed by the adult criminal 
6court and juvenile court jurisdiction shall be terminated and 
7a report of the imposition of the adult sentence shall be sent 
8to the Illinois State Police.
9    (7) Upon successful completion of the juvenile sentence 
10the court shall vacate the adult criminal sentence.
11    (8) Nothing in this Section precludes the State from 
12filing a motion for transfer under Section 5-805.
13(Source: P.A. 103-22, eff. 8-8-23; 103-191, eff. 1-1-24; 
14103-605, eff. 7-1-24.)".