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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

CRIMINAL PROCEDURE
(725 ILCS 5/) Code of Criminal Procedure of 1963.

725 ILCS 5/110-7

    (725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
    Sec. 110-7. (Repealed).
(Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.)

725 ILCS 5/110-7.5

    (725 ILCS 5/110-7.5)
    Sec. 110-7.5. Previously deposited bail security.
    (a) On or after January 1, 2023, any person having been previously released pretrial on the condition of the deposit of security shall be allowed to remain on pretrial release under the terms of their original bail bond. This Section shall not limit the State's Attorney's ability to file a verified petition for detention under Section 110-6.1 or a petition for revocation or sanctions under Section 110-6.
    (b) On or after January 1, 2023, any person who remains in pretrial detention after having been ordered released with pretrial conditions, including the condition of depositing security, shall be entitled to a hearing under subsection (e) of Section 110-5.
    On or after January 1, 2023, any person, not subject to subsection (b), who remains in pretrial detention and is eligible for detention under Section 110-6.1 shall be entitled to a hearing according to the following schedule:
        (1) For persons charged with offenses under
    
paragraphs (1) through (7) of subsection (a) of Section 110-6.1, the hearing shall be held within 90 days of the person's motion for reconsideration of pretrial release conditions.
        (2) For persons charged with offenses under paragraph
    
(8) of subsection (a) of Section 110-6.1, the hearing shall be held within 60 days of the person's motion for reconsideration of pretrial release conditions.
        (3) For persons charged with all other offenses not
    
listed in subsection (a) of Section 110-6.1, the hearing shall be held within 7 days of the person's motion for reconsideration of pretrial release conditions.
    (c) Processing of previously deposited bail security. The provisions of this Section shall apply to all monetary bonds, regardless of whether they were previously posted in cash or in the form of stocks, bonds, or real estate.
        (1) Once security has been deposited and a charge is
    
pending or is thereafter filed in or transferred to a court of competent jurisdiction, the latter court may continue the original security in that court or modify the conditions of pretrial release subject to the provisions of Section 110-6.
        (2) After conviction, the court may order that a
    
previously deposited security stand pending appeal, reconsider conditions of release, or deny release subject to the provisions of Section 110-6.2.
        (3) After the entry of an order by the trial court
    
granting or denying pretrial release pending appeal, either party may apply to the reviewing court having jurisdiction or to a justice thereof sitting in vacation for an order modifying the conditions of pretrial release or denying pretrial release subject to the provisions of Section 110-6.2.
        (4) When the conditions of the previously posted bail
    
bond have been performed and the accused has been discharged from all obligations in the cause, the clerk of the court shall return to the accused or to the defendant's designee by an assignment executed at the time the bail amount is deposited, unless the court orders otherwise, 90% of the sum which had been deposited and shall retain as bail bond costs 10% of the amount deposited. However, in no event shall the amount retained by the clerk as bail bond costs be less than $5.
        Notwithstanding the foregoing, in counties with a
    
population of 3,000,000 or more, in no event shall the amount retained by the clerk as bail bond costs exceed $100. Bail bond deposited by or on behalf of a defendant in one case may be used, in the court's discretion, to satisfy financial obligations of that same defendant incurred in a different case due to a fine, court costs, restitution or fees of the defendant's attorney of record. In counties with a population of 3,000,000 or more, the court shall not order bail bond deposited by or on behalf of a defendant in one case to be used to satisfy financial obligations of that same defendant in a different case until the bail bond is first used to satisfy court costs and attorney's fees in the case in which the bail bond has been deposited and any other unpaid child support obligations are satisfied.
        In counties with a population of less than 3,000,000,
    
the court shall not order bail bond deposited by or on behalf of a defendant in one case to be used to satisfy financial obligations of that same defendant in a different case until the bail bond is first used to satisfy court costs in the case in which the bail bond has been deposited.
        At the request of the defendant, the court may order
    
such 90% of the defendant's bail deposit, or whatever amount is repayable to the defendant from such deposit, to be paid to defendant's attorney of record.
        (5) If there is an alleged violation of the
    
conditions of pretrial release in a matter in which the defendant has previously deposited security, the court having jurisdiction shall follow the procedures for revocation of pretrial release or sanctions set forth in Section 110-6. The previously deposited security shall be returned to the defendant following the procedures of paragraph (4) of subsection (a) of this Section once the defendant has been discharged from all obligations in the cause.
        (6) If security was previously deposited for failure
    
to appear in a matter involving enforcement of child support or maintenance, the amount of the cash deposit on the bond, less outstanding costs, may be awarded to the person or entity to whom the child support or maintenance is due.
        (7) After a judgment for a fine and court costs or
    
either is entered in the prosecution of a cause in which a deposit of security was previously made, the balance of such deposit shall be applied to the payment of the judgment.
(Source: P.A. 102-1104, eff. 1-1-23.)

725 ILCS 5/110-8

    (725 ILCS 5/110-8) (from Ch. 38, par. 110-8)
    Sec. 110-8. (Repealed).
(Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.)

725 ILCS 5/110-9

    (725 ILCS 5/110-9) (from Ch. 38, par. 110-9)
    Sec. 110-9. (Repealed).
(Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.)

725 ILCS 5/110-10

    (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
    Sec. 110-10. Conditions of pretrial release.
    (a) If a person is released prior to conviction, the conditions of pretrial release shall be that he or she will:
        (1) Appear to answer the charge in the court having
    
jurisdiction on a day certain and thereafter as ordered by the court until discharged or final order of the court;
        (2) Submit himself or herself to the orders and
    
process of the court;
        (3) (Blank);
        (4) Not violate any criminal statute of any
    
jurisdiction;
        (5) At a time and place designated by the court,
    
surrender all firearms in his or her possession to a law enforcement officer designated by the court to take custody of and impound the firearms and physically surrender his or her Firearm Owner's Identification Card to the clerk of the circuit court when the offense the person has been charged with is a forcible felony, stalking, aggravated stalking, domestic battery, any violation of the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act that is classified as a Class 2 or greater felony, or any felony violation of Article 24 of the Criminal Code of 1961 or the Criminal Code of 2012; the court may, however, forgo the imposition of this condition when the circumstances of the case clearly do not warrant it or when its imposition would be impractical; if the Firearm Owner's Identification Card is confiscated, the clerk of the circuit court shall mail the confiscated card to the Illinois State Police; all legally possessed firearms shall be returned to the person upon the charges being dismissed, or if the person is found not guilty, unless the finding of not guilty is by reason of insanity; and
        (6) At a time and place designated by the court,
    
submit to a psychological evaluation when the person has been charged with a violation of item (4) of subsection (a) of Section 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012 and that violation occurred in a school or in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school-related activity, or on any public way within 1,000 feet of real property comprising any school.
    Psychological evaluations ordered pursuant to this Section shall be completed promptly and made available to the State, the defendant, and the court. As a further condition of pretrial release under these circumstances, the court shall order the defendant to refrain from entering upon the property of the school, including any conveyance owned, leased, or contracted by a school to transport students to or from school or a school-related activity, or on any public way within 1,000 feet of real property comprising any school. Upon receipt of the psychological evaluation, either the State or the defendant may request a change in the conditions of pretrial release, pursuant to Section 110-6 of this Code. The court may change the conditions of pretrial release to include a requirement that the defendant follow the recommendations of the psychological evaluation, including undergoing psychiatric treatment. The conclusions of the psychological evaluation and any statements elicited from the defendant during its administration are not admissible as evidence of guilt during the course of any trial on the charged offense, unless the defendant places his or her mental competency in issue.
    (b) Additional conditions of release shall be set only when it is determined that they are necessary to ensure the defendant's appearance in court, ensure the defendant does not commit any criminal offense, ensure the defendant complies with all conditions of pretrial release, prevent the defendant's unlawful interference with the orderly administration of justice, or ensure compliance with the rules and procedures of problem solving courts. However, conditions shall include the least restrictive means and be individualized. Conditions shall not mandate rehabilitative services unless directly tied to the risk of pretrial misconduct. Conditions of supervision shall not include punitive measures such as community service work or restitution. Conditions may include the following:
        (0.05) Not depart this State without leave of the
    
court;
        (1) Report to or appear in person before such person
    
or agency as the court may direct;
        (2) Refrain from possessing a firearm or other
    
dangerous weapon;
        (3) Refrain from approaching or communicating with
    
particular persons or classes of persons;
        (4) Refrain from going to certain described
    
geographic areas or premises;
        (5) Be placed under direct supervision of the
    
Pretrial Services Agency, Probation Department or Court Services Department in a pretrial home supervision capacity with or without the use of an approved electronic monitoring device subject to Article 8A of Chapter V of the Unified Code of Corrections;
        (6) For persons charged with violating Section 11-501
    
of the Illinois Vehicle Code, refrain from operating a motor vehicle not equipped with an ignition interlock device, as defined in Section 1-129.1 of the Illinois Vehicle Code, pursuant to the rules promulgated by the Secretary of State for the installation of ignition interlock devices. Under this condition the court may allow a defendant who is not self-employed to operate a vehicle owned by the defendant's employer that is not equipped with an ignition interlock device in the course and scope of the defendant's employment;
        (7) Comply with the terms and conditions of an order
    
of protection issued by the court under the Illinois Domestic Violence Act of 1986 or an order of protection issued by the court of another state, tribe, or United States territory;
        (8) Sign a written admonishment requiring that he or
    
she comply with the provisions of Section 110-12 regarding any change in his or her address. The defendant's address shall at all times remain a matter of record with the clerk of the court; and
        (9) Such other reasonable conditions as the court may
    
impose, so long as these conditions are the least restrictive means to achieve the goals listed in subsection (b), are individualized, and are in accordance with national best practices as detailed in the Pretrial Supervision Standards of the Supreme Court.
    The defendant shall receive verbal and written notification of conditions of pretrial release and future court dates, including the date, time, and location of court.
    (c) When a person is charged with an offense under Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012, involving a victim who is a minor under 18 years of age living in the same household with the defendant at the time of the offense, in releasing the defendant, the judge shall impose conditions to restrict the defendant's access to the victim which may include, but are not limited to conditions that he will:
        1. Vacate the household.
        2. Make payment of temporary support to his
    
dependents.
        3. Refrain from contact or communication with the
    
child victim, except as ordered by the court.
    (d) When a person is charged with a criminal offense and the victim is a family or household member as defined in Article 112A, conditions shall be imposed at the time of the defendant's release that restrict the defendant's access to the victim. Unless provided otherwise by the court, the restrictions shall include requirements that the defendant do the following:
        (1) refrain from contact or communication with the
    
victim for a minimum period of 72 hours following the defendant's release; and
        (2) refrain from entering or remaining at the
    
victim's residence for a minimum period of 72 hours following the defendant's release.
    (e) Local law enforcement agencies shall develop standardized pretrial release forms for use in cases involving family or household members as defined in Article 112A, including specific conditions of pretrial release as provided in subsection (d). Failure of any law enforcement department to develop or use those forms shall in no way limit the applicability and enforcement of subsections (d) and (f).
    (f) If the defendant is released after conviction following appeal or other post-conviction proceeding, the conditions of the pretrial release shall be that he will, in addition to the conditions set forth in subsections (a) and (b) hereof:
        (1) Duly prosecute his appeal;
        (2) Appear at such time and place as the court may
    
direct;
        (3) Not depart this State without leave of the court;
        (4) Comply with such other reasonable conditions as
    
the court may impose; and
        (5) If the judgment is affirmed or the cause reversed
    
and remanded for a new trial, forthwith surrender to the officer from whose custody he was released.
    (g) Upon a finding of guilty for any felony offense, the defendant shall physically surrender, at a time and place designated by the court, any and all firearms in his or her possession and his or her Firearm Owner's Identification Card as a condition of being released pending sentencing.
(Source: P.A. 101-138, eff. 1-1-20; 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)

725 ILCS 5/110-11

    (725 ILCS 5/110-11) (from Ch. 38, par. 110-11)
    Sec. 110-11. Pretrial release on a new trial. If the judgment of conviction is reversed and the cause remanded for a new trial the trial court may order that the conditions of pretrial release stand pending such trial, or modify the conditions of pretrial release.
(Source: P.A. 101-652, eff. 1-1-23.)

725 ILCS 5/110-12

    (725 ILCS 5/110-12) (from Ch. 38, par. 110-12)
    Sec. 110-12. Notice of change of address. A defendant who has been admitted to pretrial release shall file a written notice with the clerk of the court before which the proceeding is pending of any change in his or her address within 24 hours after such change, except that a defendant who has been admitted to pretrial release for a forcible felony as defined in Section 2-8 of the Criminal Code of 2012 shall file a written notice with the clerk of the court before which the proceeding is pending and the clerk shall immediately deliver a time stamped copy of the written notice to the prosecutor charged with the prosecution within 24 hours prior to such change. The address of a defendant who has been admitted to pretrial release shall at all times remain a matter of record with the clerk of the court.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)

725 ILCS 5/110-13

    (725 ILCS 5/110-13) (from Ch. 38, par. 110-13)
    Sec. 110-13. (Repealed).
(Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23)

725 ILCS 5/110-14

    (725 ILCS 5/110-14) (from Ch. 38, par. 110-14)
    Sec. 110-14. Credit toward fines for pretrial incarceration.
    (a) Any person denied pretrial release and against whom a fine is levied on conviction of the offense shall be automatically credited $30 for each day so incarcerated upon application of the defendant. However, in no case shall the amount so credited exceed the amount of the fine.
    (b) Subsection (a) does not apply to a person incarcerated for sexual assault as defined in paragraph (1) of subsection (a) of Section 5-9-1.7 of the Unified Code of Corrections.
    (c) A person subject to bail on a Category B offense, before January 1, 2023, shall have $30 deducted from his or her 10% cash bond amount every day the person is incarcerated. The sheriff shall calculate and apply this $30 per day reduction and send notice to the circuit clerk if a defendant's 10% cash bond amount is reduced to $0, at which point the defendant shall be released upon his or her own recognizance.
    (d) The court may deny the incarceration credit in subsection (c) of this Section if the person has failed to appear as required before the court and is incarcerated based on a warrant for failure to appear on the same original criminal offense.
    (e) (Blank).
(Source: P.A. 101-408, eff. 1-1-20; P.A. 101-652, eff. 7-1-21. Repealed by P.A. 102-28. Reenacted by P.A. 102-687, eff. 12-17-21. P.A. 102-1104, eff. 12-6-22.)

725 ILCS 5/110-15

    (725 ILCS 5/110-15) (from Ch. 38, par. 110-15)
    Sec. 110-15. (Repealed).
(Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.)

725 ILCS 5/110-16

    (725 ILCS 5/110-16) (from Ch. 38, par. 110-16)
    Sec. 110-16. (Repealed).
(Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.)

725 ILCS 5/110-17

    (725 ILCS 5/110-17) (from Ch. 38, par. 110-17)
    Sec. 110-17. (Repealed).
(Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.)

725 ILCS 5/110-18

    (725 ILCS 5/110-18) (from Ch. 38, par. 110-18)
    Sec. 110-18. (Repealed).
(Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.)

725 ILCS 5/Art. 110A

 
    (725 ILCS 5/Art. 110A heading)
ARTICLE 110A. PEACE BONDS
(Repealed)
(Source: Repealed by P.A. 102-1104, eff. 1-1-23.)