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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 5/116-5 (725 ILCS 5/116-5)
Sec. 116-5. Motion for DNA database search (genetic marker
groupings comparison analysis).
(a) Upon motion by a defendant
charged with any offense where
DNA evidence may be material
to the defense investigation or
relevant at trial, a court may
order a DNA database search
by the Illinois State Police. Such analysis may
include comparing:
(1) the genetic profile from forensic evidence that | | was secured in relation to the trial against the genetic profile of the defendant,
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(2) the genetic profile of items of forensic evidence
| | secured in relation to trial to the genetic profile of other forensic evidence secured in relation to trial, or
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(3) the genetic profiles referred to in subdivisions
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(i) genetic profiles of offenders maintained
| | under subsection (f) of Section 5-4-3 of the Unified Code of Corrections, or
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(ii) genetic profiles, including but not limited
| | to, profiles from unsolved crimes maintained in state or local DNA databases by law enforcement agencies.
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(b) If appropriate federal criteria
are met, the court may order the
Illinois State Police to
request the National DNA
index system to search its
database of genetic profiles.
(c) If requested by the defense, a
defense representative shall be
allowed to view any genetic
marker grouping analysis
conducted by the Illinois State Police. The defense
shall be provided with copies of
all documentation,
correspondence, including
digital correspondence, notes,
memoranda, and reports
generated in relation to the
analysis.
(d) Reasonable notice of the
motion shall be served upon the
State.
(Source: P.A. 102-538, eff. 8-20-21.)
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725 ILCS 5/Art. 117
(725 ILCS 5/Art. 117)
ARTICLE 117.
PROBATION
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725 ILCS 5/117-1
(725 ILCS 5/117-1) (from Ch. 38, par. 117-1)
Sec. 117-1. (Repealed).
(Source: Repealed by P.A. 77-2097, eff. 1-1-73.)
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725 ILCS 5/117-2
(725 ILCS 5/117-2) (from Ch. 38, par. 117-2)
Sec. 117-2. (Repealed).
(Source: Repealed by P.A. 77-2097, eff. 1-1-73.)
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725 ILCS 5/117-3
(725 ILCS 5/117-3) (from Ch. 38, par. 117-3)
Sec. 117-3. (Repealed).
(Source: Repealed by P.A. 77-2097, eff. 1-1-73.)
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725 ILCS 5/Art. 118
(725 ILCS 5/Art. 118)
ARTICLE 118.
SENTENCE AND JUDGMENT
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725 ILCS 5/118-1
(725 ILCS 5/118-1) (from Ch. 38, par. 118-1)
Sec. 118-1. (Repealed).
(Source: Repealed by P.A. 77-2097, eff. 1-1-73.)
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725 ILCS 5/118-2
(725 ILCS 5/118-2) (from Ch. 38, par. 118-2)
Sec. 118-2. (Repealed).
(Source: Repealed by P.A. 77-2097, eff. 1-1-73.)
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725 ILCS 5/Art. 119
(725 ILCS 5/Art. 119 heading)
ARTICLE 119.
EXECUTION OF SENTENCE
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725 ILCS 5/119-1 (725 ILCS 5/119-1) Sec. 119-1. Death penalty abolished. (a) Beginning on the effective date of this amendatory Act of the 96th General Assembly, notwithstanding any other law to the contrary, the death penalty is abolished and a sentence to death may not be imposed. (b) All unobligated and unexpended moneys remaining in the Capital Litigation Trust Fund on the effective date of this amendatory Act of the 96th General Assembly shall be transferred into the Death Penalty Abolition Fund, a special fund in the State treasury, to be expended by the Illinois Criminal Justice Information Authority, for services for families of victims of homicide or murder and for training of law enforcement personnel.
(Source: P.A. 96-1543, eff. 7-1-11 .) |
725 ILCS 5/119-5 (725 ILCS 5/119-5) (from Ch. 38, par. 119-5) Sec. 119-5. (Repealed). (Source: P.A. 93-379, eff. 7-24-03. Repealed by P.A. 103-51, eff. 1-1-24 .) |
725 ILCS 5/Art. 120
(725 ILCS 5/Art. 120 heading)
ARTICLE 120.
APPEAL BY THE STATE
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725 ILCS 5/120-1
(725 ILCS 5/120-1) (from Ch. 38, par. 120-1)
Sec. 120-1. (Repealed).
(Source: Repealed by P.A. 76-1412, eff. 9-22-69.)
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725 ILCS 5/120-2
(725 ILCS 5/120-2) (from Ch. 38, par. 120-2)
Sec. 120-2. (Repealed).
(Source: Repealed by Laws 1967, p. 3615.)
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725 ILCS 5/120-3
(725 ILCS 5/120-3) (from Ch. 38, par. 120-3)
Sec. 120-3. (Repealed).
(Source: Repealed by Laws 1967, p. 3615.)
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725 ILCS 5/120-4
(725 ILCS 5/120-4) (from Ch. 38, par. 120-4)
Sec. 120-4. (Repealed).
(Source: Repealed by Laws 1967, p. 3615.)
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725 ILCS 5/Art. 121
(725 ILCS 5/Art. 121 heading)
ARTICLE 121.
APPEAL
BY DEFENDANT
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725 ILCS 5/121-1
(725 ILCS 5/121-1) (from Ch. 38, par. 121-1)
Sec. 121-1.
Application of article.
Unless otherwise provided by Rules of the Supreme Court this Article
shall govern review in all criminal cases.
(Source: Laws 1963, p. 2836.)
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725 ILCS 5/121-13
(725 ILCS 5/121-13) (from Ch. 38, par. 121-13)
Sec. 121-13. Pauper appeals.
(a) In any case wherein the defendant was
convicted of a felony, if the court determines that the defendant desires
counsel on appeal but is indigent the Public Defender or the State
Appellate Defender shall be appointed as counsel, unless with the consent
of the defendant and for good cause shown, the court may appoint counsel
other than the Public Defender or the State Appellate Defender.
(b) In any case wherein the defendant
was convicted of a felony the reviewing court, upon petition of the defendant's
counsel made not more frequently than every 60 days after appointment,
shall determine a reasonable amount to be allowed an indigent
defendant's counsel other than the Public Defender or the State
Appellate Defender for compensation and reimbursement of expenditures
necessarily incurred in the prosecution of the appeal or review
proceedings. The compensation shall not exceed $1500 in each case,
except that, in extraordinary circumstances, payment in excess of the
limits herein stated may be made if the reviewing court certifies that
the payment is necessary to provide fair compensation for protracted
representation. The reviewing court shall enter an order directing the
county treasurer of the county where the case was tried to pay the
amount allowed by the court. The reviewing court may order the
provisional payment of sums during the pendency of the cause.
(c) (Blank).
(Source: P.A. 103-51, eff. 1-1-24 .)
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