Illinois Compiled Statutes
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705 ILCS 405/5-130
(705 ILCS 405/5-130)
(1)(a) The definition of delinquent minor under Section 5-120 of this
Article shall not apply to any minor who at the time of an offense was at
least 16 years of age and who is charged with: (i) first degree murder, (ii) aggravated
criminal sexual assault, or (iii) aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05
where the minor personally discharged a firearm as defined in Section 2-15.5 of the Criminal Code of 1961 or the Criminal Code of 2012.
These charges and all other charges arising out of the same incident shall
be prosecuted under the criminal laws of this State.
(b)(i) If before trial or plea an information or indictment is filed that
does not charge an offense specified in paragraph (a) of this subsection
(1) the State's Attorney may proceed on any lesser charge or charges, but
only in Juvenile Court under the provisions of this Article. The State's
Attorney may proceed on a lesser charge if
before trial the minor defendant knowingly and with advice of counsel waives,
in writing, his or her right to have the matter proceed in Juvenile Court.
(ii) If before trial or plea an information or indictment is filed that
includes one or more charges specified in paragraph (a) of this subsection
additional charges that are not specified in that paragraph, all of the charges
arising out of the same incident shall be prosecuted under the Criminal Code of
1961 or the Criminal Code of 2012.
(c)(i) If after trial or plea the minor is convicted of any offense
covered by paragraph (a) of this subsection (1), then, in sentencing the minor,
the court shall sentence the minor under Section 5-4.5-105 of the Unified Code of Corrections.
(ii) If after trial or plea the court finds that the minor committed an
offense not covered by paragraph (a) of this subsection (1), that finding shall
not invalidate the verdict or the prosecution of the minor under the criminal
laws of the State; however, unless the State requests a hearing for the
purpose of sentencing the minor under Chapter V of the Unified Code of
Corrections, the Court must proceed under Sections 5-705 and 5-710 of this
Article. To request a hearing, the State must file a written motion within 10
days following the entry of a finding or the return of a verdict. Reasonable
notice of the motion shall be given to the minor or his or her counsel.
If the motion is made by the State, the court shall conduct a hearing to
determine if the minor should be sentenced under Chapter V of the Unified Code
of Corrections. In making its determination, the court shall consider among
other matters: (a) whether there is
evidence that the offense was committed in an aggressive and premeditated
manner; (b) the age of the minor; (c) the previous history of the
minor; (d) whether there are facilities particularly available to the Juvenile
Court or the Department of Juvenile Justice for the treatment
and rehabilitation of the minor; (e) whether
the security of the public requires sentencing under Chapter V of the
Unified Code of Corrections; and (f) whether the minor possessed a deadly
weapon when committing the offense. The rules of evidence shall be the same as
if at trial. If after the hearing the court finds that the minor should be
sentenced under Chapter V of the Unified Code of Corrections, then the court
shall sentence the minor under Section 5-4.5-105 of the Unified Code of Corrections.
(7) The procedures set out in this Article for the investigation, arrest and
prosecution of juvenile offenders shall not apply to minors who are excluded
from jurisdiction of the Juvenile Court, except that minors under 18 years of
age shall be kept separate from confined adults.
(8) Nothing in this Act prohibits or limits the prosecution of any
minor for an offense committed on or after his or her 18th birthday even though
he or she is at the time of the offense a ward of the court.
(9) If an original petition for adjudication of wardship alleges the
commission by a minor 13 years of age or
over of an act that constitutes a crime under the laws of this State,
the minor, with the consent of his or her counsel, may, at any time before
commencement of the adjudicatory hearing, file with the court a motion
that criminal prosecution be ordered and that the petition be dismissed
insofar as the act or acts involved in the criminal proceedings are
concerned. If such a motion is filed as herein provided, the court shall
enter its order accordingly.
(10) If, prior to August 12, 2005 (the effective date of Public Act 94-574), a minor is charged with a violation of Section 401 of the Illinois Controlled Substances Act under the criminal laws of this State, other than a minor charged with a Class X felony violation of the
Substances Act or the Methamphetamine Control and Community Protection Act, any party including the minor or the court sua sponte
may, before trial,
move for a hearing for the purpose of trying and sentencing the minor as
a delinquent minor. To request a hearing, the party must file a motion
prior to trial. Reasonable notice of the motion shall be given to all
parties. On its own motion or upon the filing of a motion by one of the
parties including the minor, the court shall conduct a hearing to
determine whether the minor should be tried and sentenced as a
delinquent minor under this Article. In making its determination, the
court shall consider among other matters:
(a) The age of the minor;
(b) Any previous delinquent or criminal history of
(c) Any previous abuse or neglect history of the
(d) Any mental health or educational history of the
(e) Whether there is probable cause to support the
charge, whether the minor is charged through accountability, and whether there is evidence the minor possessed a deadly weapon or caused serious bodily harm during the offense.
Any material that is relevant and reliable shall be admissible at the
all cases, the judge shall enter an order permitting prosecution
under the criminal laws of Illinois unless the judge makes a finding
based on a preponderance of the 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
the factors listed in this subsection (10).
(11) The changes made to this Section by Public Act 98-61 apply to a minor who has been
arrested or taken into custody on or after January 1, 2014 (the effective date
of Public Act 98-61).
(Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; 99-258, eff. 1-1-16