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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 5/112A-29
(725 ILCS 5/112A-29) (from Ch. 38, par. 112A-29)
Sec. 112A-29.
Reports by law enforcement officers.
(a) Every law enforcement
officer investigating an alleged incident of abuse
between family or household
members shall make a written police report of any bona fide allegation and
the disposition of such investigation. The police report shall include
the victim's statements as to the frequency and severity of prior incidents
of abuse by the same family or household
member and the number of prior
calls for police assistance to prevent such further abuse.
(b) Every police report completed pursuant to this Section shall be recorded
and compiled as a domestic crime within the meaning of Section 5.1 of the
Criminal Identification Act.
(Source: P.A. 87-1186.)
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725 ILCS 5/112A-30
(725 ILCS 5/112A-30) (from Ch. 38, par. 112A-30)
Sec. 112A-30. Assistance by law enforcement officers.
(a) Whenever a law enforcement officer has reason to believe that a person
has been abused by a family or household member, the officer shall immediately
use all reasonable means to prevent further abuse, including:
(1) Arresting the abusing party, where appropriate;
(2) If there is probable cause to believe that | | particular weapons were used to commit the incident of abuse, subject to constitutional limitations, seizing and taking inventory of the weapons;
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(3) Accompanying the victim of abuse to his or her
| | place of residence for a reasonable period of time to remove necessary personal belongings and possessions;
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(4) Offering the victim of abuse immediate and
| | adequate information (written in a language appropriate for the victim or in Braille or communicated in appropriate sign language), which shall include a summary of the procedures and relief available to victims of abuse under this Article and the officer's name and badge number;
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(5) Providing the victim with one referral to an
| | accessible service agency;
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(6) Advising the victim of abuse about seeking
| | medical attention and preserving evidence (specifically including photographs of injury or damage and damaged clothing or other property); and
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(7) Providing or arranging accessible transportation
| | for the victim of abuse (and, at the victim's request, any minors or dependents in the victim's care) to a medical facility for treatment of injuries or to a nearby place of shelter or safety; or, after the close of court business hours, providing or arranging for transportation for the victim (and, at the victim's request, any minors or dependents in the victim's care) to the nearest available circuit judge or associate judge so the victim may file a petition for an emergency order of protection under Section 217 of the Illinois Domestic Violence Act of 1986. When a victim of abuse chooses to leave the scene of the offense, it shall be presumed that it is in the best interests of any minors or dependents in the victim's care to remain with the victim or a person designated by the victim, rather than to remain with the abusing party.
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(b) Whenever a law enforcement officer does not exercise arrest powers
or otherwise initiate criminal proceedings, the officer shall:
(1) Make a police report of the investigation of any
| | bona fide allegation of an incident of abuse and the disposition of the investigation, in accordance with subsection (a) of Section 112A-29;
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(2) Inform the victim of abuse of the victim's right
| | to request that a criminal proceeding be initiated where appropriate, including specific times and places for meeting with the State's Attorney's office, a warrant officer, or other official in accordance with local procedure; and
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(3) Advise the victim of the importance of seeking
| | medical attention and preserving evidence (specifically including photographs of injury or damage and damaged clothing or other property).
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(c) Except as provided by Section 24-6 of the Criminal Code of 2012 or
under a court order, any weapon seized under subsection (a)(2) shall be
returned forthwith to the person from whom it was seized when it is no longer
needed for evidentiary purposes.
(Source: P.A. 100-199, eff. 1-1-18 .)
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725 ILCS 5/112A-31
(725 ILCS 5/112A-31) (from Ch. 38, par. 112A-31)
Sec. 112A-31.
Limited law enforcement liability.
Any act of omission or
commission by any law enforcement officer acting in good faith in rendering
emergency assistance or otherwise enforcing this Article shall not impose civil
liability upon the law enforcement officer or his or her supervisor or
employer,
unless the act is a result of willful or wanton misconduct.
(Source: P.A. 87-1186.)
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725 ILCS 5/Tit. V
(725 ILCS 5/Tit. V heading)
TITLE V.
PROCEEDINGS PRIOR TO TRIAL
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725 ILCS 5/Art. 113
(725 ILCS 5/Art. 113 heading)
ARTICLE 113.
ARRAIGNMENT
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725 ILCS 5/113-1
(725 ILCS 5/113-1) (from Ch. 38, par. 113-1)
Sec. 113-1.
Procedure on arraignment.
Before any person is tried for the commission of an offense he shall be
called into open court, informed of the charge against him, and called upon
to plead thereto. If the defendant so requests the formal charge shall be
read to him before he is required to plead. An entry of the arraignment
shall be made of record.
(Source: Laws 1963, p. 2836.)
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725 ILCS 5/113-2
(725 ILCS 5/113-2) (from Ch. 38, par. 113-2)
Sec. 113-2.
Joint
defendants.
Defendants who are jointly charged may be arraigned separately or
together in the discretion of the court.
(Source: Laws 1963, p. 2836.)
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725 ILCS 5/113-3
(725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
Sec. 113-3.
(a) Every person charged with an offense shall be
allowed counsel before pleading to the charge. If the defendant desires
counsel and has been unable to obtain same before arraignment the court
shall recess court or continue the cause for a reasonable time to permit
defendant to obtain counsel and consult with him before pleading to the
charge. If the accused is a dissolved corporation, and is not represented
by counsel, the court may, in the interest of justice, appoint as counsel a
licensed attorney of this State.
(b) In all cases, except where
the penalty is a fine only, if the
court determines that the defendant is indigent and desires counsel, the
Public Defender shall be appointed as counsel. If there is no Public
Defender in the county or if the defendant requests counsel other than
the Public Defender and the court finds that the rights of the defendant
will be prejudiced by the appointment of the Public Defender, the court
shall appoint as counsel a licensed attorney at law of this State,
except that in a county having a population of 2,000,000 or
more the
Public Defender shall be appointed as counsel in all misdemeanor cases
where the defendant is indigent and desires counsel unless the case
involves multiple defendants, in which case the court may appoint
counsel other than the Public Defender for the additional defendants.
The court shall require an affidavit signed by any defendant who
requests court-appointed counsel. Such affidavit shall be in the form
established by the Supreme Court containing
sufficient information to ascertain the assets and liabilities of that
defendant. The Court may direct the Clerk of the Circuit Court to
assist the defendant in the completion of the affidavit. Any person who
knowingly files such affidavit containing false information concerning
his assets and liabilities shall be liable to the county where the
case, in which such false affidavit is filed, is pending for the
reasonable value of the services rendered by the public defender or
other court-appointed counsel in the case to the extent that such
services were unjustly or falsely procured.
(c) Upon the filing with the court of a verified statement of
services rendered the court shall order the county treasurer of the
county of trial to pay counsel other than the Public Defender a reasonable fee.
The court shall consider all relevant circumstances, including but not limited
to the time spent while court is in session, other time spent in representing
the defendant, and expenses reasonably incurred by counsel. In counties
with a population greater than 2,000,000,
the court shall order the county
treasurer of the county of trial to pay counsel other than the Public Defender
a reasonable fee stated in the order and based upon a rate of compensation
of not more than $40 for each hour spent while court is in session and
not more than $30 for each hour otherwise spent representing a
defendant, and such compensation shall not exceed $150 for each
defendant represented in misdemeanor cases and $1250 in felony cases, in
addition to expenses reasonably incurred as hereinafter in this Section
provided, except that, in extraordinary circumstances, payment in excess
of the limits herein stated may be made if the trial court certifies
that such payment is necessary to provide fair compensation for
protracted representation. A trial court may entertain the filing of this
verified statement before the termination of the cause, and may order the
provisional payment of sums during the pendency of the cause.
(d) In capital cases, in addition to counsel, if the court
determines that the defendant is indigent the court may, upon the filing
with the court of a verified statement of services rendered, order the
county Treasurer of the county of trial to pay necessary expert
witnesses for defendant reasonable compensation stated in the order not
to exceed $250 for each defendant.
(e) If the court in any county having a population greater than
2,000,000 determines that the defendant is indigent the court
may, upon the filing with the court of a verified statement of such expenses,
order the county treasurer of the county of trial, in such counties
having a population greater than 2,000,000 to pay the general
expenses of the trial incurred by the defendant not to exceed $50 for each
defendant.
(f) The provisions of this Section relating to appointment of counsel,
compensation of counsel, and payment of expenses
in capital cases apply except when the compensation and expenses are being
provided under the Capital Crimes Litigation Act.
(Source: P.A. 91-589, eff. 1-1-00.)
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725 ILCS 5/113-3.1
(725 ILCS 5/113-3.1) (from Ch. 38, par. 113-3.1)
Sec. 113-3.1. Payment for court-appointed counsel.
(a) Whenever under
either Section 113-3 of this Code or Rule 607 of the Illinois Supreme Court
the court appoints counsel to represent a defendant, the court may order
the defendant to pay to the Clerk of the Circuit Court a reasonable sum
to reimburse either the county or the State for such representation.
In a hearing to determine the amount of the
payment, the court shall consider the affidavit prepared by the defendant
under Section 113-3 of this Code and any other information pertaining to
the defendant's financial circumstances which may be submitted by the parties.
Such hearing shall be conducted on the court's own motion or on motion of
the prosecutor at any time after the appointment of counsel but no
later than 90 days after the entry of a final order disposing of the case
at the trial level.
(b) Any sum ordered paid under this Section may not exceed $500 for a
defendant charged with a misdemeanor, $5,000 for a defendant charged with
a felony, or $2,500 for a defendant who is appealing a conviction
of any class offense.
(c) The method of any payment required under this Section shall be as
specified by the Court. The court may order that payments be made on a
monthly basis during the term of representation; however, the sum deposited as
money bond shall not be used to satisfy this court order. At any time prior to
full payment of any payment order the court on its own motion or the motion
of any party may reduce, increase, or suspend the ordered payment, or modify
the method of payment, as the interest of fairness may require. No increase,
suspension, or reduction may be ordered without a hearing and notice
to all parties.
(d) The Supreme Court or the circuit courts may provide by rule for
procedures for the enforcement of orders entered under this Section.
Such rules may provide for the assessment of all costs, including
attorneys' fees which are required for the enforcement of orders entered
under this Section when the court in an enforcement proceeding has first
found that the defendant has willfully refused to pay. The Clerk of the
Circuit Court shall keep records and make reports to the court concerning
funds paid under this Section in whatever manner the court directs.
(e) Whenever an order is entered under this Section for the reimbursement
of the State due to the appointment of the State Appellate Defender as counsel
on appeal, the order shall provide that the Clerk of the Circuit Court shall
retain all funds paid pursuant to such order until the full amount of the
sum ordered to be paid by the defendant has been paid. When no balance remains
due on such order, the Clerk of the Circuit Court shall inform the court
of this fact and the court shall promptly order the Clerk of the Circuit
Court to pay to the State Treasurer all of the sum paid.
(f) The Clerk of the Circuit Court shall retain all funds under this Section
paid for the reimbursement of the county, and shall inform the court when
no balance remains due on an order entered hereunder. The Clerk of the Circuit
Court shall make payments of funds collected under this Section to the County
Treasurer in whatever manner and at whatever point as the court may direct,
including payments made on a monthly basis during the term
of representation.
(g) A defendant who fails to obey any order of court entered under this
Section may be punished for contempt of court. Any arrearage in payments
may be reduced to judgment in the court's discretion and collected by any
means authorized for the collection of money judgments under the law of
this State.
(Source: P.A. 102-1104, eff. 1-1-23.)
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725 ILCS 5/113-4
(725 ILCS 5/113-4) (from Ch. 38, par. 113-4)
Sec. 113-4. Plea. (a) When called upon to plead at arraignment the defendant
shall be furnished with a copy of the charge and shall plead guilty, guilty
but mentally ill, or not guilty.
(b) If the defendant stands mute a plea of not guilty shall be entered
for him and the trial shall proceed on such plea.
(c) If the defendant pleads guilty such plea shall not be accepted until
the court shall have fully explained to the defendant the following: (1) the maximum and minimum penalty provided by law | | for the offense which may be imposed by the court;
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| (2) as a consequence of a conviction or a plea of
| | guilty, the sentence for any future conviction may be increased or there may be a higher possibility of the imposition of consecutive sentences;
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| (3) as a consequence of a conviction or a plea of
| | guilty, there may be registration requirements that restrict where the defendant may work, live, or be present; and
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| (4) as a consequence of a conviction or a plea of
| | guilty, there may be an impact upon the defendant's ability to, among others:
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| (A) retain or obtain housing in the public or
| | (B) retain or obtain employment; and
(C) retain or obtain a firearm, an occupational
| | license, or a driver's license.
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| After such explanation if the defendant understandingly
persists in his plea it shall be accepted by the court and recorded.
(d) If the defendant pleads guilty but mentally ill, the court shall
not accept such a plea until the defendant has undergone examination by
a clinical psychologist or psychiatrist
and the judge has examined the psychiatric or psychological
report or reports, held a hearing on
the issue of the defendant's mental condition and is satisfied that there
is a factual basis that the defendant was mentally ill at the time of the
offense to which the plea is entered.
(e) If a defendant pleads not guilty, the court shall advise him at
that time or at any later court date on which he is present that if he escapes from
custody or is released on bond and fails to appear in court when required
by the court that his failure to appear would constitute a waiver of his
right to confront the witnesses against him and trial could proceed in his absence.
(Source: P.A. 99-871, eff. 1-1-17 .)
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