People v. Patterson

(Modified upon denial of rehearing 11/1/16.) Defendant was convicted of aggravated criminal sexual assault committed when he was age 15. Amendment to Juvenile Court Act, effective 1/1/16, making minimum age for mandatory transfer 16 rather than 15, is a procedural change which applies to cases on direct appeal. Under the amended Act, juvenile court should have held a hearing under Section 5-805 of the Act before transferring the prosecution of the case against Defendant to the criminal court. Sentence is vacated, and case remanded to juvenile court for State to exercise its discretion to decide whether to file a petition to transfer case to criminal court for sentencing.(PIERCE and SIMON, concurring.)