Illinois

Lower Age: None specified

Upper Age: 16


Discretionary Waiver 705 ILCS 405/5-4

On motion of the State's attorney in the case of a child of at least 13, a juvenile judge specially designated to hear such motions may enter an order permitting criminal prosecution if the court finds, after investigation and a hearing, "that it is not in the best interests of the minor or the public" to proceed aginst the child as a juvenile. The law specifies a number of factors to be considered in making this determination.


Offense Category Minimum Age Offense Detail

Any Criminal 13 Any criminal offense.


Presumptive Waiver 705 ILCS 405/5-4(3.3)

If the State's attorney moves for an order permitting criminal prosecution in the case of a child of at least 15 accused of any of a number of specified offenses, it is rebuttably presumed that the child is not a fit and proper subject for treatment as a juvenile. Accordingly, if the juvenile court finds probable cause to believe the State's allegations, it must enter an order permitting criminal prosecution, unless it also finds, based on the evidence, and considering a number of factors specified by statute, that the child "would be amenable to the care, treatment, and training programs" available through the juvenile court.


Offense Category Minimum Age Offense Detail

Certain Felonies 15 Class X felony other than armed violence; aggravated discharge of a firearm; armed violence with a firearm in connection with a class 1 or 2 felony committed in furtherance of the criminal activities of an organized gang; armed violence with a firearm in connection with a violation of any of various provisions of the Illinois Controlled Substances Act; and armed violence with a machine gun or other restricted weapon.


Mandatory Waiver 705 ILCS 405/5-4(3.1) and (3.2)

If the State's attorney moves for an order permitting criminal prosecution of a child of at least 15 meeting statutory criteria and accused of committing a felony in furtherance of the criminal activities of an organized gang, the juvenile court must grant the order, provided it finds probable cause to believe the State's allegations.


Offense Category Minimum Age Offense Detail

Certain Felonies 15 Any felony committed to further the criminal activities of an organized gang by a child previously adjudicated for a felony, as long as either the current or previously adjudicated felony is a forcible felony.


Statutory Exclusion 705 ILCS 405/5-4(6), (7), (8), (9)

Children meeting specified age/offense criteria are excluded from the definition of "delinquent minor" for purposes of juvenile court jursidiction, and are subject to criminal prosecution for the excluded offenses and all others arising out of the same incidents.


Offense Category Minimum Age Offense Detail

Certain Felonies 15 Escape or bail bond violation while subject to prosecution in criminal court.

Murder 13/15 13—First degree murder committed during the course of aggravated criminal sexual assault, criminal sexual assault, or aggravated kidnapping (but not including murder for which a child is merely held accountable).

15—First degree murder.

Person 15 Aggravated criminal sexual assault, armed robbery with a firearm, aggravated vehicular hijacking committed with a firearm.

Drug 15 Specified Illinois Controlled Substances Act violations committed on school property, in a school conveyance, at a school activity, or near a school, or on or near public housing property.

Weapon 15 "Unlawful use of weapons" (including possessing a firearm in public or selling, manufacturing, purchasing, or possessing any of a list of outlawed weapons) where the violation occurred on school grounds.