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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 5/107-11

    (725 ILCS 5/107-11) (from Ch. 38, par. 107-11)
    Sec. 107-11. When summons may be issued.
    (a) When authorized to issue a warrant of arrest, a court may instead issue a summons.
    (b) The summons shall:
        (1) Be in writing;
        (2) State the name of the person summoned and his or
    
her address, if known;
        (3) Set forth the nature of the offense;
        (4) State the date when issued and the municipality
    
or county where issued;
        (5) Be signed by the judge of the court with the
    
title of his or her office; and
        (6) Command the person to appear before a court at a
    
certain time and place.
    (c) The summons may be served in the same manner as the summons in a civil action, except that police officers may serve summons for violations of ordinances occurring within their municipalities.
(Source: P.A. 87-574.)

725 ILCS 5/107-12

    (725 ILCS 5/107-12) (from Ch. 38, par. 107-12)
    Sec. 107-12. Notice to appear.
    (a) Whenever a peace officer is authorized to arrest a person without a warrant he may instead issue to such person a notice to appear.
    (b) The notice shall:
    (1) Be in writing;
    (2) State the name of the person and his address, if known;
    (3) Set forth the nature of the offense;
    (4) Be signed by the officer issuing the notice; and
    (5) Request the person to appear before a court at a certain time and place.
    (c) Upon failure of the person to appear a summons or warrant of arrest may issue.
    (d) In any case in which a person is arrested for a Class C misdemeanor or a petty offense and remanded to the sheriff other than pursuant to a court order, the sheriff may issue such person a notice to appear.
(Source: P.A. 83-693.)

725 ILCS 5/107-13

    (725 ILCS 5/107-13) (from Ch. 38, par. 107-13)
    Sec. 107-13. Offenses committed by corporations.
    (a) When a corporation is charged with the commission of an offense the court shall issue a summons setting forth the nature of the offense and commanding the corporation to appear before a court at a certain time and place.
    (b) The summons for the appearance of a corporation may be served in the manner provided for service of summons upon a corporation in a civil action.
    (c) If, after being summoned, the corporation does not appear, a plea of not guilty shall be entered by the court having jurisdiction to try the offense for which the summons was issued, and such court shall proceed to trial and judgment without further process.
(Source: Laws 1963, p. 2836.)

725 ILCS 5/107-14

    (725 ILCS 5/107-14) (from Ch. 38, par. 107-14)
    Sec. 107-14. Temporary questioning without arrest.
    (a) A peace officer, after having identified himself as a peace officer, may stop any person in a public place for a reasonable period of time when the officer reasonably infers from the circumstances that the person is committing, is about to commit or has committed an offense as defined in Section 102-15 of this Code, and may demand the name and address of the person and an explanation of his actions. Such detention and temporary questioning will be conducted in the vicinity of where the person was stopped.
    (b) Upon completion of any stop under subsection (a) involving a frisk or search, and unless impractical, impossible, or under exigent circumstances, the officer shall provide the person with a stop receipt which provides the reason for the stop and contains the officer's name and badge number. This subsection (b) does not apply to searches or inspections for compliance with the Fish and Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act, or searches or inspections for routine security screenings at facilities or events. For the purposes of this subsection (b), "badge" means an officer's department issued identification number associated with his or her position as a police officer with that department.
(Source: P.A. 99-352, eff. 1-1-16.)

725 ILCS 5/107-15

    (725 ILCS 5/107-15)
    Sec. 107-15. Fresh pursuit. When the fact that a felony has been committed comes to the knowledge of a sheriff or coroner, fresh pursuit shall be forthwith made after every person guilty of the felony, by the sheriff, coroner, and all other persons who is by any one of them commanded or summoned for that purpose; every such officer who does not do his or her duty in the premises is guilty of a Class B misdemeanor.
(Source: P.A. 89-234, eff. 1-1-96.)

725 ILCS 5/107-16

    (725 ILCS 5/107-16)
    Sec. 107-16. Apprehension of offender. It is the duty of every sheriff, coroner, and every marshal, policeman, or other officer of an incorporated city, town, or village, having the power of a sheriff, when a criminal offense or breach of the peace is committed or attempted in his or her presence, forthwith to apprehend the offender and bring him or her before a judge, to be dealt with according to law; to suppress all riots and unlawful assemblies, and to keep the peace, and without delay to serve and execute all warrants and other process to him or her lawfully directed.
(Source: P.A. 89-234, eff. 1-1-96.)

725 ILCS 5/Art. 107A

 
    (725 ILCS 5/Art. 107A heading)
ARTICLE 107A. LINEUP AND PHOTO SPREAD PROCEDURE
(Source: P.A. 93-605, eff. 11-19-03.)

725 ILCS 5/107A-0.1

    (725 ILCS 5/107A-0.1)
    Sec. 107A-0.1. Definitions. For the purposes of this Article:
        "Eyewitness" means a person viewing the lineup whose
    
identification by sight of another person may be relevant in a criminal proceeding.
        "Filler" means a person or a photograph of a person
    
who is not suspected of an offense and is included in a lineup.
        "Independent administrator" means a lineup
    
administrator who is not participating in the investigation of the criminal offense and is unaware of which person in the lineup is the suspected perpetrator.
        "Lineup" includes a photo lineup or live lineup.
        "Lineup administrator" means the person who conducts
    
a lineup.
        "Live lineup" means a procedure in which a group of
    
persons is displayed to an eyewitness for the purpose of determining if the eyewitness is able to identify the perpetrator of a crime, but does not include a showup.
        "Photo lineup" means a procedure in which photographs
    
are displayed to an eyewitness for the purpose of determining if the eyewitness is able to identify the perpetrator of a crime.
        "Sequential lineup" means a live or photo lineup in
    
which each person or photograph is presented to an eyewitness separately, in a previously determined order, and removed from the eyewitness's view before the next person or photograph is presented, in order to determine if the eyewitness is able to identify the perpetrator of a crime.
        "Showup" means a procedure in which a suspected
    
perpetrator is presented to the eyewitness at, or near, a crime scene for the purpose of obtaining an immediate identification.
        "Simultaneous lineup" means a live or photo lineup in
    
which a group of persons or array of photographs is presented simultaneously to an eyewitness for the purpose of determining if the eyewitness is able to identify the perpetrator of a crime.
(Source: P.A. 98-1014, eff. 1-1-15.)

725 ILCS 5/107A-2

    (725 ILCS 5/107A-2)
    Sec. 107A-2. Lineup procedure.
    (a) All lineups shall be conducted using one of the following methods:
        (1) An independent administrator, unless it is not
    
practical.
        (2) An automated computer program or other device
    
that can automatically display a photo lineup to an eyewitness in a manner that prevents the lineup administrator from seeing which photograph or photographs the eyewitness is viewing until after the lineup is completed. The automated computer program may present the photographs to the eyewitness simultaneously or sequentially, consistent with the law enforcement agency guidelines required under subsection (b) of this Section.
        (3) A procedure in which photographs are placed in
    
folders, randomly numbered, and shuffled and then presented to an eyewitness such that the lineup administrator cannot see or know which photograph or photographs are being presented to the eyewitness until after the procedure is completed. The photographs may be presented to the eyewitness simultaneously or sequentially, consistent with the law enforcement agency guidelines required under subsection (b) of this Section.
        (4) Any other procedure that prevents the lineup
    
administrator from knowing the identity of the suspected perpetrator or seeing or knowing the persons or photographs being presented to the eyewitness until after the procedure is completed.
    (b) Each law enforcement agency shall adopt written guidelines setting forth when, if at all, simultaneous lineups shall be conducted and when, if at all, sequential lineups shall be conducted. This subsection does not establish a preference for whether a law enforcement agency should conduct simultaneous lineups or sequential lineups. Whether and when to conduct simultaneous lineups or sequential lineups is at the discretion of each law enforcement agency. If, after the effective date of this amendatory Act of the 98th General Assembly, a method of conducting a lineup different from a simultaneous or sequential lineup is determined by the Illinois Supreme Court to be sufficiently established to have gained general acceptance as a reliable method for eyewitness identifications and provides more accurate results than simultaneous or sequential lineups, a law enforcement agency may adopt written guidelines setting forth when, if at all, this different method of conducting lineups shall be used and, when feasible, the provisions of subsection (d) of this Section shall apply to the use of these methods.
    (c) On and after the effective date of this amendatory Act of the 98th General Assembly, there is no preference as to whether a law enforcement agency conducts a live lineup or a photo lineup and to the extent that the common law directs otherwise, this direction is abrogated.
    (d) If a lineup administrator conducts a sequential lineup, the following shall apply:
        (1) Solely at the eyewitness's request, the lineup
    
administrator may present a person or photograph to the eyewitness an additional time but only after the eyewitness has first viewed each person or photograph one time.
        (2) If the eyewitness identifies a person as a
    
perpetrator, the lineup administrator shall continue to sequentially present the remaining persons or photographs to the eyewitness until the eyewitness has viewed each person or photograph.
    (e) Before a lineup is conducted:
        (1) The eyewitness shall be instructed that:
            (A) if recording the lineup is practical, an
        
audio and video recording of the lineup will be made for the purpose of accurately documenting all statements made by the eyewitness, unless the eyewitness refuses to the recording of the lineup, and that if a recording is made it will be of the persons in the lineup and the eyewitness;
            (B) the perpetrator may or may not be presented
        
in the lineup;
            (C) if an independent administrator is
        
conducting the lineup, the independent administrator does not know the suspected perpetrator's identity or if the administrator conducting the lineup is not an independent administrator, the eyewitness should not assume that the lineup administrator knows which person in the lineup is the suspect;
            (D) the eyewitness should not feel compelled to
        
make an identification;
            (E) it is as important to exclude innocent
        
persons as it is to identify a perpetrator; and
            (F) the investigation will continue whether or
        
not an identification is made.
        (2) The eyewitness shall acknowledge in writing the
    
receipt of the instructions required under this subsection and, if applicable, the refusal to be recorded. If the eyewitness refuses to sign the acknowledgement, the lineup administrator shall note the refusal of the eyewitness to sign the acknowledgement and shall also sign the acknowledgement.
    (f) In conducting a lineup:
        (1) When practicable, the lineup administrator shall
    
separate all eyewitnesses in order to prevent the eyewitnesses from conferring with one another before and during the lineup procedure. If separating the eyewitnesses is not practicable, the lineup administrator shall ensure that all eyewitnesses are monitored and that they do not confer with one another while waiting to view the lineup and during the lineup.
        (2) Each eyewitness shall perform the identification
    
procedures without any other eyewitness present. Each eyewitness shall be given instructions regarding the identification procedures without other eyewitnesses present.
        (3) The lineup shall be composed to ensure that the
    
suspected perpetrator does not unduly stand out from the fillers. In addition:
            (A) Only one suspected perpetrator shall be
        
included in a lineup.
            (B) The suspected perpetrator shall not be
        
substantially different in appearance from the fillers based on the eyewitness's previous description of the perpetrator or based on other factors that would draw attention to the suspected perpetrator.
            (C) At least 5 fillers shall be included in a
        
photo lineup, in addition to the suspected perpetrator.
            (D) When practicable, at least 5 fillers shall be
        
included in a live lineup, in addition to the suspected perpetrator, but in no event shall there be less than 3 fillers in addition to the suspected perpetrator.
            (E) If the eyewitness has previously viewed a
        
photo lineup or live lineup in connection with the identification of another person suspected of involvement in the offense, the fillers in the lineup in which the current suspected perpetrator participates shall be different from the fillers used in the prior lineups.
        (4) If there are multiple eyewitnesses, subject to
    
the requirements in subsection (a) of this Section and to the extent possible, the suspected perpetrator shall be placed in a different position in the lineup or photo array for each eyewitness.
        (5) Nothing shall be communicated to the eyewitness
    
regarding the suspected perpetrator's position in the lineup or regarding anything that may influence the eyewitness's identification.
        (6) No writings or information concerning any
    
previous arrest, indictment, or conviction of the suspected perpetrator shall be visible or made known to the eyewitness.
        (7) If a photo lineup, the photograph of the
    
suspected perpetrator shall be contemporary in relation to the photographs of the fillers and, to the extent practicable, shall resemble the suspected perpetrator's appearance at the time of the offense.
        (8) If a live lineup, any identifying actions, such
    
as speech, gestures, or other movements, shall be performed by all lineup participants.
        (9) If a live lineup, all lineup participants must be
    
out of view of the eyewitness prior to the lineup.
        (10) The lineup administrator shall obtain and
    
document any and all statements made by the eyewitness during the lineup as to the perpetrator's identity. When practicable, an audio or video recording of the statements shall be made.
        (11) If the eyewitness identifies a person as the
    
perpetrator, the eyewitness shall not be provided any information concerning the person until after the lineup is completed.
        (12) Unless otherwise allowed under subsection (a) of
    
this Section, there shall not be anyone present during a lineup who knows the suspected perpetrator's identity, except the eyewitness and suspected perpetrator's counsel if required by law.
    (g) The lineup administrator shall make an official report of all lineups, which shall include all of the following information:
        (1) All identification and non-identification results
    
obtained during the lineup, signed by the eyewitness, including any and all statements made by the eyewitness during the lineup as to the perpetrator's identity as required under paragraph (10) of subsection (f) of this Section. If the eyewitness refuses to sign, the lineup administrator shall note the refusal of the eyewitness to sign the results and shall also sign the notation.
        (2) The names of all persons who viewed the lineup.
        (3) The names of all law enforcement officers and
    
counsel present during the lineup.
        (4) The date, time, and location of the lineup.
        (5) Whether it was a photo lineup or live lineup and
    
how many persons or photographs were presented in the lineup.
        (6) The sources of all persons or photographs used as
    
fillers in the lineup.
        (7) In a photo lineup, the actual photographs shown
    
to the eyewitness.
        (8) In a live lineup, a photograph or other visual
    
recording of the lineup that includes all persons who participated in the lineup.
        (9) If applicable, the eyewitness's refusal to be
    
recorded.
        (10) If applicable, the reason for any
    
impracticability in strict compliance with this Section.
    (h) Unless it is not practical or the eyewitness refuses, a video record of all lineup procedures shall be made.
        (1) If a video record is not practical or the
    
eyewitness refuses to allow a video record to be made:
            (A) the reasons or the refusal shall be
        
documented in the official report required under subsection (g) of this Section;
            (B) an audio record shall be made, if practical;
        
and
            (C) if a live lineup, the lineup shall be
        
photographed.
        (2) If an audio record is not practical, the reasons
    
shall be documented in the official report required under subsection (g) of this Section.
    (i) The photographs, recordings, and the official report of the lineup required by this Section shall be disclosed to counsel for the accused as provided by the Illinois Supreme Court Rules regarding discovery. All photographs of suspected perpetrators shown to an eyewitness during a lineup shall be disclosed to counsel for the accused as provided by the Illinois Supreme Court Rules regarding discovery. To protect the identity of the eyewitness and the identities of law enforcement officers used as fillers in the lineup from being disclosed to third parties, the State's Attorney shall petition the court for a protective order under Supreme Court Rule 415 upon disclosure of the photographs or recordings to the counsel of the accused.
    (j) All of the following shall be available as consequences of compliance or noncompliance with the requirements of this Section:
        (1) Failure to comply with any of the requirements of
    
this Section shall be a factor to be considered by the court in adjudicating a motion to suppress an eyewitness identification or any other motion to bar an eyewitness identification. These motions shall be in writing and state facts showing how the identification procedure was improper. This paragraph (1) makes no change to existing applicable common law or statutory standards or burdens of proof.
        (2) When warranted by the evidence presented at
    
trial, the jury shall be instructed that it may consider all the facts and circumstances including compliance or noncompliance with this Section to assist in its weighing of the identification testimony of an eyewitness.
    (k) Any electronic recording made during a lineup that is compiled by any law enforcement agency as required by this Section for the purposes of fulfilling the requirements of this Section shall be confidential and exempt from public inspection and copying, as provided under Section 7 of the Freedom of Information Act, and the recording shall not be transmitted to any person except as necessary to comply with this Section.
(Source: P.A. 98-1014, eff. 1-1-15.)

725 ILCS 5/107A-5

    (725 ILCS 5/107A-5)
    Sec. 107A-5. (Repealed).
(Source: P.A. 93-605, eff. 11-19-03. Repealed by P.A. 98-1014, eff. 1-1-15.)

725 ILCS 5/107A-10

    (725 ILCS 5/107A-10)
    Sec. 107A-10. (Repealed).
(Source: P.A. 93-655, eff. 1-20-04. Repealed by P.A. 98-1014, eff. 1-1-15.)

725 ILCS 5/Art. 108

 
    (725 ILCS 5/Art. 108 heading)
ARTICLE 108. SEARCH AND SEIZURE

725 ILCS 5/108-1

    (725 ILCS 5/108-1) (from Ch. 38, par. 108-1)
    Sec. 108-1. Search without warrant.
    (1) When a lawful arrest is effected a peace officer may reasonably search the person arrested and the area within such person's immediate presence for the purpose of:
        (a) protecting the officer from attack; or
        (b) preventing the person from escaping; or
        (c) discovering the fruits of the crime; or
        (d) discovering any instruments, articles, or things
    
which may have been used in the commission of, or which may constitute evidence of, an offense.
    (2) (Blank).
    (3) A law enforcement officer may not search or inspect a motor vehicle, its contents, the driver, or a passenger solely because of a violation of Section 12-603.1 of the Illinois Vehicle Code.
(Source: P.A. 93-99, eff. 7-3-03.)

725 ILCS 5/108-1.01

    (725 ILCS 5/108-1.01) (from Ch. 38, par. 108-1.01)
    Sec. 108-1.01. Search during temporary questioning.
    When a peace officer has stopped a person for temporary questioning pursuant to Section 107-14 of this Code and reasonably suspects that he or another is in danger of attack, he may search the person for weapons. If the officer discovers a weapon, he may take it until the completion of the questioning, at which time he shall either return the weapon, if lawfully possessed, or arrest the person so questioned.
(Source: Laws 1968, p. 218.)

725 ILCS 5/108-2

    (725 ILCS 5/108-2) (from Ch. 38, par. 108-2)
    Sec. 108-2. Custody and disposition of things seized. An inventory of all instruments, articles or things seized on a search without warrant shall be given to the person arrested and a copy thereof delivered to the judge before whom the person arrested is taken, and thereafter, such instruments, articles or things shall be handled and disposed of in accordance with Sections 108-11 and 108-12 of this Code. If the person arrested is released without a charge being preferred against him all instruments, articles or things seized, other than contraband, shall be returned to him upon release.
(Source: Laws 1963, p. 2836.)

725 ILCS 5/108-3

    (725 ILCS 5/108-3) (from Ch. 38, par. 108-3)
    Sec. 108-3. Grounds for search warrant.
    (a) Except as provided in subsection (b), upon the written complaint of any person under oath or affirmation which states facts sufficient to show probable cause and which particularly describes the place or person, or both, to be searched and the things to be seized, any judge may issue a search warrant for the seizure of the following:
        (1) Any instruments, articles or things designed or
    
intended for use or which are or have been used in the commission of, or which may constitute evidence of, the offense in connection with which the warrant is issued; or contraband, the fruits of crime, or things otherwise criminally possessed.
        (2) Any person who has been kidnaped in violation of
    
the laws of this State, or who has been kidnaped in another jurisdiction and is now concealed within this State, or any human fetus or human corpse.
    (b) When the things to be seized are the work product of, or used in the ordinary course of business, and in the possession, custody, or control of any person known to be engaged in the gathering or dissemination of news for the print or broadcast media, no judge may issue a search warrant unless the requirements set forth in subsection (a) are satisfied and there is probable cause to believe that:
        (1) such person has committed or is committing a
    
criminal offense; or
        (2) the things to be seized will be destroyed or
    
removed from the State if the search warrant is not issued.
(Source: P.A. 89-377, eff. 8-18-95.)