705 ILCS 405/5-130
2021 Illinois Compiled Statutes|Chapter 705 - COURTS|705 ILCS 405/ - Juvenile Court Act of 1987.|Article V - Delinquent Minors

Sec.  5-130. Excluded jurisdiction.(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  (1) and  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.(2) (Blank).(3) (Blank).(4) (Blank).(5) (Blank).(6) (Blank).(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  Illinois Controlled  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     the minor;(c) Any previous abuse or neglect history of the     minor;(d) Any mental health or educational history of the     minor, or both; and(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  hearing.  In  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.)