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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 5/115-21

    (725 ILCS 5/115-21)
    Sec. 115-21. Informant testimony.
    (a) For the purposes of this Section, "informant" means someone who is purporting to testify about admissions made to him or her by the accused while detained or incarcerated in a penal institution contemporaneously.
    (b) This Section applies to any criminal proceeding brought under Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 11-1.30, 11-1.40, or 20-1.1 of the Criminal Code of 1961 or the Criminal Code of 2012, in which the prosecution attempts to introduce evidence of incriminating statements made by the accused to or overheard by an informant.
    (c) Except as provided in subsection (d-5), in any case under this Section, the prosecution shall disclose at least 30 days prior to a relevant evidentiary hearing or trial:
        (1) the complete criminal history of the informant;
        (2) any deal, promise, inducement, or benefit that
    
the offering party has made or will make in the future to the informant;
        (3) the statements made by the accused;
        (4) the time and place of the statements, the time
    
and place of their disclosure to law enforcement officials, and the names of all persons who were present when the statements were made;
        (5) whether at any time the informant recanted that
    
testimony or statement and, if so, the time and place of the recantation, the nature of the recantation, and the names of the persons who were present at the recantation;
        (6) other cases in which the informant testified,
    
provided that the existence of such testimony can be ascertained through reasonable inquiry and whether the informant received any promise, inducement, or benefit in exchange for or subsequent to that testimony or statement; and
        (7) any other information relevant to the informant's
    
credibility.
    (d) Except as provided in subsection (d-5), in any case under this Section, the prosecution shall timely disclose at least 30 days prior to any relevant evidentiary hearing or trial its intent to introduce the testimony of an informant. The court shall conduct a hearing to determine whether the testimony of the informant is reliable, unless the defendant waives such a hearing. If the prosecution fails to show by a preponderance of the evidence that the informant's testimony is reliable, the court shall not allow the testimony to be heard at trial. At this hearing, the court shall consider the factors enumerated in subsection (c) as well as any other factors relating to reliability.
    (d-5) The court may permit the prosecution to disclose its intent to introduce the testimony of an informant with less notice than the 30-day notice required under subsections (c) and (d) of this Section if the court finds that the informant was not known prior to the 30-day notice period and could not have been discovered or obtained by the exercise of due diligence by the prosecution prior to the 30-day notice period. Upon good cause shown, the court may set a reasonable notice period under the circumstances or may continue the trial on its own motion to allow for a reasonable notice period, which motion shall toll the speedy trial period under Section 103-5 of this Code for the period of the continuance.
    (e) If a lawful recording of an incriminating statement is made of an accused to an informant or made of a statement of an informant to law enforcement or the prosecution, including any deal, promise, inducement, or other benefit offered to the informant, the accused may request a reliability hearing under subsection (d) of this Section and the prosecution shall be subject to the disclosure requirements of subsection (c) of this Section.
    (f) (Blank).
    (g) This Section applies to all criminal prosecutions under subsection (b) of this Section on or after the effective date of this amendatory Act of the 100th General Assembly.
(Source: P.A. 100-1119, eff. 1-1-19.)

725 ILCS 5/115-22

    (725 ILCS 5/115-22)
    Sec. 115-22. Witness inducements. When the State intends to introduce the testimony of a witness in a capital case, the State shall, before trial, disclose to the defendant and to his or her defense counsel the following information, which shall be reduced to writing:
        (1) whether the witness has received or been promised
    
anything, including pay, immunity from prosecution, leniency in prosecution, or personal advantage, in exchange for testimony;
        (2) any other case in which the witness testified or
    
offered statements against an individual but was not called, and whether the statements were admitted in the case, and whether the witness received any deal, promise, inducement, or benefit in exchange for that testimony or statement; provided that the existence of such testimony can be ascertained through reasonable inquiry;
        (3) whether the witness has ever changed his or her
    
testimony;
        (4) the criminal history of the witness; and
        (5) any other evidence relevant to the credibility of
    
the witness.
(Source: P.A. 93-605, eff. 11-19-03.)

725 ILCS 5/115-23

    (725 ILCS 5/115-23)
    Sec. 115-23. Admissibility of cannabis. In a prosecution for a violation of subsection (a) of Section 4 of the Cannabis Control Act or a municipal ordinance for possession of cannabis that is punished by only a fine, cannabis shall only be admitted into evidence based upon:
        (1) a properly administered field test; or
        (2) opinion testimony of a peace officer based on
    
the officer's training and experience as qualified by the court.
(Source: P.A. 99-697, eff. 7-29-16.)

725 ILCS 5/Art. 116

 
    (725 ILCS 5/Art. 116 heading)
ARTICLE 116. POST-TRIAL MOTIONS