ILCS » Chapter 705 · Act 405
Illinois Compiled Statutes

705 ILCS 405/5-130 (2026)

Excluded jurisdiction

✓ current as of May 2026
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(705 ILCS 405/5-130)
    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, the minor's 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 the minor's 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 the minor's 18th birthday even though the minor 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 the minor's 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. 103-22, eff. 8-8-23.)

    
Notes of Decisions
Cited in 199 cases (48 in the last 5 years), 2001–2026 · leading case: People v. Fort, 2017 IL 118966 (Ill. 2018).
Sort: Relevance Newest Treatment
People v. Fort, 2017 IL 118966 (Ill. 2018). · cites it 22× “OPINION ¶1 At issue in this appeal is whether a minor who is tried in adult court under the “automatic transfer” provision of the Juvenile Court Act of 1987 (Act) (705 ILCS 405/5-130 (West 2008)) but is later not convicted of the charges which brought him into adult court is…”
People v. Hunter, 2017 IL 121306 (Ill. 2017). · cites it 5× “¶ 1 In these consolidated appeals we consider the temporal reach of two legislative enactments: (1) an amendment to section 5-130(1)(a) of the Juvenile Court Act of 1987 (Act) ( 705 ILCS 405/5-130 (West 2016) ), which, inter alia , eliminated armed robbery while armed with a…”
People v. Fort, 2017 IL 118966 (Ill. 2017). · cites it 20× “705 ILCS 405/5-130 (West 2008). ¶ 20 The issue presented in this appeal involves statutory construction, an issue of law which is subject to de novo review.”
People v. Patterson, 2014 IL 115102 (Ill. 2014). · cites it 6× “His case was automatically transferred to criminal court, and he was tried as an adult, as required by statute (705 ILCS 405/5-130 (West 2008)). On defense counsel’s motion, a fitness examination and hearing were held.”
People v. King, 948 N.E.2d 1035 (Ill. 2011). · cites it 10× “On this court's own motion, the parties were given leave to file supplemental briefs addressing the following two issues of statutory interpretation involving sections 5-130(1)(a) through (1)(c) of the Act (705 ILCS 405/5-130(1)(a) through (1)(c) (West 2000)): (1) whether an…”
People v. Patterson, 2014 IL 115102 (Ill. 2015). · cites it 7× “Defendant also challenges the constitutionality of -2- the automatic transfer provision (705 ILCS 405/5-130 (West 2008)) and asserts that his sentence was excessive.”
People v. Clark, 2020 IL App (1st) 182533 (Ill. App. Ct. 2020). · cites it 7× “1-18-2533 (amending 705 ILCS 405/5-130). On December 16, 2015, the trial court denied defendant’s motion and supplemental motion for a new trial.”
People v. Pacheco, 2013 IL App (4th) 110409 (Ill. App. Ct. 2013). · cites it 4× “Automatic Transfer Statute ¶ 54 Defendant first argues section 5-130 of the Juvenile Court Act (705 ILCS 405/5-130 (West 2008)) violates the eighth amendment of the United States Constitution and the proportionate penalties clause of the Illinois Constitution because it…”
People v. Hunter, 2016 IL App (1st) 141904 (Ill. App. Ct. 2016). · cites it 9× “Defendant, age 16 at the time of the offense, was tried and sentenced as an adult in accordance with the automatic transfer provision set forth in section 5-130 of the Juvenile Court Act of 1987 (Act) (705 ILCS 405/5-130 (West 2010)). On appeal, defendant contends that: (1) the…”
People v. Gipson, 2015 IL App (1st) 122451 (Ill. App. Ct. 2015). · cites it 4× “705 ILCS 405/5-130 (West 2006); see People v.”
People v. Smolley, 2018 IL App (3d) 150577 (Ill. App. Ct. 2018). · cites it 3× “1(a)(1) (West 2004) ) and four counts of first degree murder ( id. § 9-1(a)(2) & (3) ) for killing Kelly Houser and her daughter, Amy Allen.”
People v. Toney, 2011 IL App (1st) 90933 (Ill. App. Ct. 2011). · cites it 15× “705 ILCS 405/5-130 (West 2008). The State disagrees with this assertion, and also contends that sentencing defendant as an adult was actually mandated by our supreme court’s recent decision in People v.”
Show all 199 citing cases →
— 705 ILCS 405/5-130(1) — 6 cases
People v. Morris, 2017 IL App (1st) 141117 (Ill. App. Ct. 2017).
People v. Fort, 2017 IL 118966 (Ill. 2018). “OPINION ¶1 At issue in this appeal is whether a minor who is tried in adult court under the “automatic transfer” provision of the Juvenile Court Act of 1987 (Act) (705 ILCS 405/5-130 (West 2008)) but is later not convicted of the charges which brought him into adult court is…”
People v. Morris, 2017 IL App (1st) 141117 (Ill. App. Ct. 2017).
People v. Fort, 2017 IL 118966 (Ill. 2017). “705 ILCS 405/5-130 (West 2008). ¶ 20 The issue presented in this appeal involves statutory construction, an issue of law which is subject to de novo review.”
People v. Patterson, 2018 IL App (1st) 101573-C (Ill. App. Ct. 2018).
— 705 ILCS 405/5-130(1)(a) — 85 cases
People v. Fort, 2017 IL 118966 (Ill. 2018). “OPINION ¶1 At issue in this appeal is whether a minor who is tried in adult court under the “automatic transfer” provision of the Juvenile Court Act of 1987 (Act) (705 ILCS 405/5-130 (West 2008)) but is later not convicted of the charges which brought him into adult court is…”
People v. Hunter, 2017 IL 121306 (Ill. 2017). “¶ 1 In these consolidated appeals we consider the temporal reach of two legislative enactments: (1) an amendment to section 5-130(1)(a) of the Juvenile Court Act of 1987 (Act) ( 705 ILCS 405/5-130 (West 2016) ), which, inter alia , eliminated armed robbery while armed with a…”
People v. Fort, 2017 IL 118966 (Ill. 2017). “705 ILCS 405/5-130 (West 2008). ¶ 20 The issue presented in this appeal involves statutory construction, an issue of law which is subject to de novo review.”
People v. King, 948 N.E.2d 1035 (Ill. 2011). “On this court's own motion, the parties were given leave to file supplemental briefs addressing the following two issues of statutory interpretation involving sections 5-130(1)(a) through (1)(c) of the Act (705 ILCS 405/5-130(1)(a) through (1)(c) (West 2000)): (1) whether an…”
People v. Dawson, 2022 IL App (1st) 190422 (Ill. App. Ct. 2022).
— 705 ILCS 405/5-130(1)(a)(i) — 12 cases
People v. Reyes, 2016 IL 119271 (Ill. 2016).
People v. Pacheco, 2013 IL App (4th) 110409 (Ill. App. Ct. 2013). “Automatic Transfer Statute ¶ 54 Defendant first argues section 5-130 of the Juvenile Court Act (705 ILCS 405/5-130 (West 2008)) violates the eighth amendment of the United States Constitution and the proportionate penalties clause of the Illinois Constitution because it…”
People v. Cavazos, 2015 IL App (2d) 120444 (Ill. App. Ct. 2015).
People v. Joiner, 2018 IL App (1st) 150343 (Ill. App. Ct. 2018).
People v. Joiner, 2018 IL App (1st) 150343 (Ill. App. Ct. 2018).
— 705 ILCS 405/5-130(1)(a)(ii) — 3 cases
People v. Brown, 2015 IL App (1st) 130048 (Ill. App. Ct. 2015).
People v. Brown, 2015 IL App (1st) 130048 (Ill. App. Ct. 2015).
People v. McArthur, 2018 IL App (1st) 150626 (Ill. App. Ct. 2018).
— 705 ILCS 405/5-130(1)(a)(iv) — 4 cases
People v. Minter, 2015 IL App (1st) 120958 (Ill. App. Ct. 2015).
People v. Minter, 2015 IL App (1st) 120958 (Ill. App. Ct. 2015).
People v. Minter, 2015 IL App (1st) 120958 (Ill. App. Ct. 2015).
People v. Minter, 2015 IL App (1st) 120958 (Ill. App. Ct. 2015).
— 705 ILCS 405/5-130(1)(b)(ii) — 4 cases
People v. Fort, 2017 IL 118966 (Ill. 2018). “OPINION ¶1 At issue in this appeal is whether a minor who is tried in adult court under the “automatic transfer” provision of the Juvenile Court Act of 1987 (Act) (705 ILCS 405/5-130 (West 2008)) but is later not convicted of the charges which brought him into adult court is…”
People v. King, 948 N.E.2d 1035 (Ill. 2011). “On this court's own motion, the parties were given leave to file supplemental briefs addressing the following two issues of statutory interpretation involving sections 5-130(1)(a) through (1)(c) of the Act (705 ILCS 405/5-130(1)(a) through (1)(c) (West 2000)): (1) whether an…”
People v. Fort, 2017 IL 118966 (Ill. 2017). “705 ILCS 405/5-130 (West 2008). ¶ 20 The issue presented in this appeal involves statutory construction, an issue of law which is subject to de novo review.”
People v. King, 919 N.E.2d 958 (Ill. App. Ct. 2010).
— 705 ILCS 405/5-130(1)(c) — 2 cases
People v. Fort, 2017 IL 118966 (Ill. 2018). “OPINION ¶1 At issue in this appeal is whether a minor who is tried in adult court under the “automatic transfer” provision of the Juvenile Court Act of 1987 (Act) (705 ILCS 405/5-130 (West 2008)) but is later not convicted of the charges which brought him into adult court is…”
People v. Fort, 2017 IL 118966 (Ill. 2017). “705 ILCS 405/5-130 (West 2008). ¶ 20 The issue presented in this appeal involves statutory construction, an issue of law which is subject to de novo review.”
— 705 ILCS 405/5-130(1)(c)(i) — 11 cases
People v. Pacheco, 2013 IL App (4th) 110409 (Ill. App. Ct. 2013). “Automatic Transfer Statute ¶ 54 Defendant first argues section 5-130 of the Juvenile Court Act (705 ILCS 405/5-130 (West 2008)) violates the eighth amendment of the United States Constitution and the proportionate penalties clause of the Illinois Constitution because it…”
People v. Tolliver, 807 N.E.2d 524 (Ill. App. Ct. 2004).
People v. Fort, 2017 IL 118966 (Ill. 2017). “705 ILCS 405/5-130 (West 2008). ¶ 20 The issue presented in this appeal involves statutory construction, an issue of law which is subject to de novo review.”
People v. Fort, 2017 IL 118966 (Ill. 2018). “OPINION ¶1 At issue in this appeal is whether a minor who is tried in adult court under the “automatic transfer” provision of the Juvenile Court Act of 1987 (Act) (705 ILCS 405/5-130 (West 2008)) but is later not convicted of the charges which brought him into adult court is…”
People v. Toney, 2011 IL App (1st) 90933 (Ill. App. Ct. 2011). “705 ILCS 405/5-130 (West 2008). The State disagrees with this assertion, and also contends that sentencing defendant as an adult was actually mandated by our supreme court’s recent decision in People v.”
— 705 ILCS 405/5-130(1)(c)(ii) — 23 cases
People v. Clark, 2020 IL App (1st) 182533 (Ill. App. Ct. 2020). “1-18-2533 (amending 705 ILCS 405/5-130). On December 16, 2015, the trial court denied defendant’s motion and supplemental motion for a new trial.”
People v. Fort, 2017 IL 118966 (Ill. 2018). “OPINION ¶1 At issue in this appeal is whether a minor who is tried in adult court under the “automatic transfer” provision of the Juvenile Court Act of 1987 (Act) (705 ILCS 405/5-130 (West 2008)) but is later not convicted of the charges which brought him into adult court is…”
People v. Hunter, 2017 IL 121306 (Ill. 2017). “¶ 1 In these consolidated appeals we consider the temporal reach of two legislative enactments: (1) an amendment to section 5-130(1)(a) of the Juvenile Court Act of 1987 (Act) ( 705 ILCS 405/5-130 (West 2016) ), which, inter alia , eliminated armed robbery while armed with a…”
People v. Fort, 2017 IL 118966 (Ill. 2017). “705 ILCS 405/5-130 (West 2008). ¶ 20 The issue presented in this appeal involves statutory construction, an issue of law which is subject to de novo review.”
People v. Toney, 2011 IL App (1st) 90933 (Ill. App. Ct. 2011). “705 ILCS 405/5-130 (West 2008). The State disagrees with this assertion, and also contends that sentencing defendant as an adult was actually mandated by our supreme court’s recent decision in People v.”
— 705 ILCS 405/5-130(2) — 1 case
People v. Perea (Ill. App. Ct. 2004).
— 705 ILCS 405/5-130(2)(a) — 4 cases
People v. Henderson, 961 N.E.2d 407 (Ill. App. Ct. 2011).
People v. Edmonds, 757 N.E.2d 619 (Ill. App. Ct. 2001).
People v. Henderson, 2011 IL App (1st) 90923 (Ill. App. Ct. 2011).
People v. Edmonds (Ill. App. Ct. 2001).
— 705 ILCS 405/5-130(2)(b) — 1 case
People v. King, 948 N.E.2d 1035 (Ill. 2011). “On this court's own motion, the parties were given leave to file supplemental briefs addressing the following two issues of statutory interpretation involving sections 5-130(1)(a) through (1)(c) of the Act (705 ILCS 405/5-130(1)(a) through (1)(c) (West 2000)): (1) whether an…”
— 705 ILCS 405/5-130(2)(c) — 1 case
People v. Perea (Ill. App. Ct. 2004).
— 705 ILCS 405/5-130(3)(a) — 1 case
People v. Shannon, 2024 IL App (1st) 230042 (Ill. App. Ct. 2024).
— 705 ILCS 405/5-130(3)(b) — 1 case
People v. King, 948 N.E.2d 1035 (Ill. 2011). “On this court's own motion, the parties were given leave to file supplemental briefs addressing the following two issues of statutory interpretation involving sections 5-130(1)(a) through (1)(c) of the Act (705 ILCS 405/5-130(1)(a) through (1)(c) (West 2000)): (1) whether an…”
— 705 ILCS 405/5-130(5)(b) — 1 case
People v. King, 948 N.E.2d 1035 (Ill. 2011). “On this court's own motion, the parties were given leave to file supplemental briefs addressing the following two issues of statutory interpretation involving sections 5-130(1)(a) through (1)(c) of the Act (705 ILCS 405/5-130(1)(a) through (1)(c) (West 2000)): (1) whether an…”
— 705 ILCS 405/5-130(7) — 2 cases
People v. Chavez, 2025 IL App (1st) 221601 (Ill. App. Ct. 2025).
People v. McArthur, 2018 IL App (1st) 150626 (Ill. App. Ct. 2018).
— 705 ILCS 405/5-130(9) — 4 cases
In re Angel P., 2014 IL App (1st) 121749 (Ill. App. Ct. 2014).
In re Angel P., 2014 IL App (1st) 121749 (Ill. App. Ct. 2014).
In re Angel P., 2014 IL App (1st) 121749 (Ill. App. Ct. 2014).
In re Angel P., 2014 IL App (1st) 121749 (Ill. App. Ct. 2014).
— 705 ILCS 405/5-130(a)(1) — 1 case
People v. Jackson, 2016 IL App (1st) 141448 (Ill. App. Ct. 2016).
— 705 ILCS 405/5-130(b)(i) — 2 cases
People v. Johnson, 2017 IL App (4th) 160853 (Ill. App. Ct. 2017).
People v. Johnson, 2017 IL App (4th) 160853 (Ill. App. Ct. 2017).
— 705 ILCS 405/5-130(c)(ii) — 6 cases
People v. Price, 123 N.E.3d 555 (Ill. App. Ct. 2018).
People v. Price, 2018 IL App (1st) 161202 (Ill. App. Ct. 2018).
People v. Harrison, 2022 IL App (4th) 210077-U (Ill. App. Ct. 2022).
People v. Ortiz, 2024 IL App (1st) 230245-U (Ill. App. Ct. 2024).
People v. Watson (Ill. App. Ct. 2026).
— 705 ILCS 405/5-130(l)(a) — 1 case
People v. Dickerson, 2020 IL App (1st) 192185-U (Ill. App. Ct. 2020).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.