Our historic year continues
Tuesday, Aug 4, 2015 - Posted by Rich Miller
* It’s too bad that the governor isn’t choosing to highlight this legislation with signing ceremonies. But, whatever, as long as they become law, I don’t really care…
Fewer juveniles will be automatically transferred to adult court under a measure Republican Gov. Bruce Rauner signed into law Tuesday.
The legislation, which was pushed by Cook County Board President Toni Preckwinkle, eliminates the automatic transfer to adult court of 15-year-olds accused of any crime, no matter how serious. For 16- and 17-year-olds, only those charged with murder, aggravated criminal sexual assault and aggravated battery with a firearm would automatically be sent to adult court.
- VanillaMan - Tuesday, Aug 4, 15 @ 2:46 pm:
Awesome!
- Emily Miller - Tuesday, Aug 4, 15 @ 2:47 pm:
Yep- this is a good one.
- Not it - Tuesday, Aug 4, 15 @ 2:49 pm:
Signing ceremonies create opportunities to ask about the budget.
- Archiesmom - Tuesday, Aug 4, 15 @ 2:50 pm:
Criminal justice is one of the few areas in which real substantive progress is being made right now. This is great!
- Tournaround Agenda - Tuesday, Aug 4, 15 @ 2:51 pm:
Criminal justice reforms are about the only good thing that’s happened in Springfield this year.
- A guy - Tuesday, Aug 4, 15 @ 2:53 pm:
This is quiet for how truly momentous this legislation is. Quiet or not, it’s a huge step. Kudos to everyone involved in making it happen.
- Amalia - Tuesday, Aug 4, 15 @ 2:55 pm:
here’s hoping the dangerous under age folks who hurt people are handled with care.
- OneMan - Tuesday, Aug 4, 15 @ 3:09 pm:
Cool
- girlawyer - Tuesday, Aug 4, 15 @ 3:09 pm:
Anyone know if they have fixed the criminal code too? Last time I checked, the definition of “aggravated criminal sexual assault” as it applied to very young victims (under 9) was limited to perpetrators under 17 (the old cutoff age for being a juvenile - now it’s 18). Unless they have fixed that, 16 year olds are charged as adults for this crime; 17 year olds cannot be. When you change one thing, you have to change the others too or you have unintended consequences.
- Hedley Lamarr - Tuesday, Aug 4, 15 @ 3:29 pm:
I can see it now, this Governor’s soft on criminals.
- D.P.Gumby - Tuesday, Aug 4, 15 @ 3:30 pm:
I remember fighting Richie on the original automatic transfer bills when he was pushing them as State’s Atty! And we see how well they have worked!! [not]
- Lobo Y Olla - Tuesday, Aug 4, 15 @ 3:53 pm:
Anyone know if they have fixed the criminal code too? Last time I checked, the definition of “aggravated criminal sexual assault” as it applied to very young victims (under 9) was limited to perpetrators under 17 (the old cutoff age for being a juvenile - now it’s 18). Unless they have fixed that, 16 year olds are charged as adults for this crime; 17 year olds cannot be. When you change one thing, you have to change the others too or you have unintended consequences.
===It’s fixed. You’re conflating Agg Crim Sex assault with Predatory Criminal Sexual Assault of a Child. It’s all laid out in Article 11.
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt.+11&ActID=1876&ChapterID=53&SeqStart=14300000&SeqEnd=20800000
- Educated in the Suburbs - Tuesday, Aug 4, 15 @ 3:56 pm:
“here’s hoping the dangerous under age folks who hurt people are handled with care.”
Yes, let’s. Because that’s the mark of civilization, that you don’t stoop to the level of your criminals in punishing them. Especially when those criminals are CHILDREN.
- MrJM - Tuesday, Aug 4, 15 @ 3:59 pm:
Three cheers for Toni (and the many others who’s names will be lost to history) for pushing this, and three cheers for Gov. Rauner for signing it.
Well done.
– MrJM
- Beaner - Tuesday, Aug 4, 15 @ 4:11 pm:
The Lincoln Challenge in Rantoul is a program which is helpful to some children who have had a tough time growing up.
- Wumpus - Tuesday, Aug 4, 15 @ 4:20 pm:
Let’s have our own signing party! Rich, you provide the drinks and transportation for me. Great news. He does have a heart.
- Amalia - Tuesday, Aug 4, 15 @ 4:45 pm:
@Educated in the suburbs, victims are victims, wounds no less felt, no matter the age of the criminal.
- Juvenal - Tuesday, Aug 4, 15 @ 5:08 pm:
Signing ceremonies send the signal that state government is somewhat functioning and that the governor can cooperate with the legislature when he wants to.
- girlawyer - Tuesday, Aug 4, 15 @ 5:54 pm:
No Yobo, it’s not fixed. The problem I was pointing out is that the Predatory crime applies to perps 17 and up. Agg Assault to under 17. That was fine until they raised the juvenile age from under 17 to under 18. Now 17 year olds can commit Predatory but it’s not an “automatic transfer” crime. So, a 16 year old who sexually assaults a 5 year old automatically is charged as an adult. A 17 year old who does the same thing is not. That’s the problem I was pointing out.
- Lynn S, - Tuesday, Aug 4, 15 @ 10:44 pm:
Ok, girlawyer, this is what Rich posted at the start of this piece: For 16- and 17-year-olds, only those charged with murder, aggravated criminal sexual assault and aggravated battery with a firearm would automatically be sent to adult court.
Please explain how the 16 year-old who commits Agg Assault is an adult, but the 17 year-old isn’t. Is it because of the age of your (theoretical) 5 year-old victim? Is there some other portion of the statute you’re not telling us about?
What leads to the perverse result you insist will occur? And have you contacted the sponsers of this bill to tell them about it, so that they can get a fix in the works?
From your posts, I can’t tell what is the trigger for the disparity, and it’s really frustrating.
- Jerryinchicago - Wednesday, Aug 5, 15 @ 12:10 am:
Ok, good start. Now, let’s eliminate mandarory X sentencing for non violent crimes, IDOC time for small amounts of drug possession, and legalize and tax marijuana. Then we’d actually look like a modern state that doesn’t have a budget problem.
Or we could just keep locking em up.