Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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CRIMINAL PROCEDURE725 ILCS 5/111-2
(725 ILCS 5/) Code of Criminal Procedure of 1963.
(725 ILCS 5/111-2)
(from Ch. 38, par. 111-2)
Commencement of prosecutions.
(a) All prosecutions of
felonies shall be by information or by indictment. No prosecution may be
pursued by information unless a preliminary hearing has been held or
waived in accordance with Section 109-3 and at that hearing probable
cause to believe the defendant committed an offense was found, and the
provisions of Section 109-3.1 of this Code have been complied with.
(b) All other prosecutions may be by indictment, information or
(c) Upon the filing of an information or indictment in open
court charging the defendant with the commission of a sex offense
defined in any Section of Article 11 of the Criminal Code of 1961 or the Criminal Code of 2012,
and a minor as defined in Section 1-3 of the Juvenile
Court Act of 1987 is alleged to be the victim of the
commission of the acts of the defendant in the commission of
such offense, the court may appoint a guardian ad litem for the
minor as provided in Section 2-17, 3-19, 4-16 or 5-610 of the
Juvenile Court Act of 1987.
(d) Upon the filing of an information or indictment in open court,
the court shall immediately issue a warrant for the arrest of each
person charged with an offense directed to a peace officer or some other
person specifically named commanding him to arrest such person.
(e) When the offense is bailable, the judge shall endorse on the
warrant the amount of bail required by the order of the court, and if
the court orders the process returnable forthwith, the warrant shall
require that the accused be arrested and brought immediately into court.
(f) Where the prosecution of a felony is by information or complaint
after preliminary hearing, or after a waiver of preliminary hearing in
accordance with paragraph (a) of this Section, such prosecution may be
for all offenses, arising from the same transaction or conduct of a
defendant even though the complaint or complaints filed at the
preliminary hearing charged only one or some of the offenses arising
from that transaction or conduct.
(Source: P.A. 97-1150, eff. 1-25-13.)
725 ILCS 5/111-3
(725 ILCS 5/111-3)
(from Ch. 38, par. 111-3)
Form of charge.
(a) A charge shall be in writing and allege the commission of an
(1) Stating the name of the offense;
(2) Citing the statutory provision alleged to have
(3) Setting forth the nature and elements of the
(4) Stating the date and county of the offense as
definitely as can be done; and
(5) Stating the name of the accused, if known, and if
not known, designate the accused by any name or description by which he can be identified with reasonable certainty.
(a-5) If the victim is alleged to have been subjected to an offense involving an illegal sexual act including, but not limited to, a sexual offense defined in Article 11 or Section 10-9 of the Criminal Code of 2012, the charge shall state the identity of the victim by name, initials, or description.
(b) An indictment shall be signed by the foreman of the Grand Jury and
an information shall be signed by the State's Attorney and sworn to by him
or another. A complaint shall be sworn to and signed by the complainant; provided, that when a peace officer observes the commission of a misdemeanor
and is the complaining witness, the signing of the complaint by the peace
officer is sufficient to charge the defendant with the commission of the
offense, and the complaint need not be sworn to if the officer signing the
complaint certifies that the statements set forth in the complaint are true and
correct and are subject to the penalties provided by law for false
under Section 1-109 of the Code of Civil Procedure and perjury under Section
32-2 of the Criminal Code of 2012; and further provided, however, that when a citation is issued on a Uniform Traffic
Ticket or Uniform Conservation Ticket (in a form prescribed by the
Conference of Chief Circuit Judges and filed with the Supreme Court), the
copy of such Uniform Ticket which is filed with the circuit court
constitutes a complaint to which the defendant may plead, unless he
specifically requests that a verified complaint be filed.
(c) When the State seeks an enhanced sentence because of a prior
conviction, the charge shall also state the intention to seek an enhanced
sentence and shall state such prior conviction so as to give notice to the
defendant. However, the fact of such prior conviction and the State's
intention to seek an enhanced sentence are not elements of the offense and
may not be disclosed to the jury during trial unless otherwise permitted by
issues properly raised during such trial.
For the purposes of this Section, "enhanced sentence" means a sentence
which is increased by a prior conviction from one classification of offense
to another higher level classification of offense set forth in Section
of the Unified Code of Corrections (730 ILCS 5/5-4.5-10); it does not include an increase in the sentence applied within the
same level of classification of offense.
(c-5) Notwithstanding any other provision of law, in all cases in which
imposition of the death penalty is not a possibility, if an alleged fact (other
than the fact of a prior conviction) is not an element of an offense but is
sought to be used to increase the range of penalties for the offense beyond the
statutory maximum that could otherwise be imposed for the offense, the alleged
fact must be included in the charging instrument or otherwise provided to the
defendant through a written notification before trial, submitted to a trier
of fact as an aggravating factor, and proved beyond a reasonable doubt.
Failure to prove the fact beyond a reasonable doubt is not a bar to a
for commission of the offense, but is a bar to increasing, based on that fact,
the range of penalties for the offense beyond the statutory maximum that could
otherwise be imposed for that offense. Nothing in this subsection (c-5)
imposition of a sentence that increases the range of penalties for the offense
beyond the statutory maximum that could otherwise be imposed for the offense if
the imposition of that sentence is not required by law.
(d) At any time prior to trial, the State on motion shall be permitted
to amend the charge, whether brought by indictment, information or
complaint, to make the charge comply with subsection (c) or (c-5) of this
Section. Nothing in Section 103-5 of this Code precludes such an
amendment or a written notification made in accordance with subsection (c-5) of
(e) The provisions of subsection (a) of Section 5-4.5-95 of the Unified Code of Corrections (730 ILCS 5/5-4.5-95)
shall not be affected by this Section.
(Source: P.A. 97-1150, eff. 1-25-13; 98-416, eff. 1-1-14.)
725 ILCS 5/111-4
(725 ILCS 5/111-4)
Joinder of offenses and defendants.
(a) Two or more offenses may be charged in the same indictment,
information or complaint in a separate count for each offense if the
offenses charged, whether felonies or misdemeanors or both, are based on
the same act or on 2 or more acts which are part of the same comprehensive
(b) Two or more defendants may be charged in the same indictment,
information or complaint if they are alleged to have participated in the
same act or in the same comprehensive transaction out of which the offense
or offenses arose. Such defendants may be charged in one or more counts
together or separately and all of the defendants need not be charged in
(c) Two or more acts or transactions in violation of any provision or
provisions of Sections 8A-2, 8A-3, 8A-4, 8A-4A and 8A-5 of the Illinois
Public Aid Code, Section 14 of the Illinois Wage Payment and Collection Act, Sections 16-1, 16-1.3, 16-2, 16-3, 16-5, 16-7, 16-8, 16-10, 16-25, 16-30, 16A-3,
16B-2, 16G-15, 16G-20, 16H-15, 16H-20, 16H-25, 16H-30, 16H-45, 16H-50, 16H-55, 17-1, 17-3, 17-6, 17-30, 17-56, 17-60, or 29B-1, or item (ii) of subsection (a) or (b) of Section 17-9, or subdivision (a)(2) of Section 17-10.5, or subsection (a), (b), (c), (d), (g), (h), or (i) of Section 17-10.6, or subsection (a) of Section 17-32 of the Criminal Code of
1961 or the Criminal Code of 2012 and Section 118 of Division I of the Criminal Jurisprudence Act, may
be charged as a single offense in a single count of the same indictment,
information or complaint, if such acts or transactions by one or more
defendants are in furtherance of a single intention and design or if the
property, labor or services obtained are of the same person or are of
several persons having a common interest in such property, labor or
services. In such a charge, the period between the dates of the first and
the final such acts or transactions may be alleged as the date of the
offense and, if any such act or transaction by any defendant was committed
in the county where the prosecution was commenced, such county may be
alleged as the county of the offense.
(Source: P.A. 99-629, eff. 1-1-17
725 ILCS 5/111-5
(725 ILCS 5/111-5)
(from Ch. 38, par. 111-5)
Formal defects in a charge.
An indictment, information or complaint which charges the commission of
an offense in accordance with Section 111-3 of this Code shall not be
dismissed and may be amended on motion by the State's Attorney or defendant
at any time because of formal defects, including:
(a) Any miswriting, misspelling or grammatical error;
(b) Any misjoinder of the parties defendant;
(c) Any misjoinder of the offense charged;
(d) The presence of any unnecessary allegation;
(e) The failure to negative any exception, any excuse
or proviso contained in the statute defining the offense; or
(f) The use of alternative or disjunctive allegations
as to the acts, means, intents or results charged.
(Source: Laws 1963, p. 2836
725 ILCS 5/111-6
(725 ILCS 5/111-6)
(from Ch. 38, par. 111-6)
When an indictment, information or complaint charges an offense in
accordance with the provisions of Section 111-3 of this Code but fails to
specify the particulars of the offense sufficiently to enable the defendant
to prepare his defense the court may, on written motion of the defendant,
require the State's Attorney to furnish the defendant with a Bill of
Particulars containing such particulars as may be necessary for the
preparation of the defense. At the trial of the cause the State's evidence
shall be confined to the particulars of the bill.
(Source: Laws 1963, p. 2836.)
725 ILCS 5/111-7
(725 ILCS 5/111-7)
(from Ch. 38, par. 111-7)
When an indictment, information or complaint which has been returned or
presented to a court as authorized by law has become illegible or cannot be
produced at the arraignment or trial the defendant may be arraigned and
tried on a copy thereof certified by the clerk of the court.
(Source: Laws 1963, p. 2836.)
725 ILCS 5/111-8
(725 ILCS 5/111-8)
(from Ch. 38, par. 111-8)
Orders of protection to prohibit domestic violence.
a violation of Section 9-1, 9-2, 9-3, 10-3, 10-3.1, 10-4, 10-5, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14.3 that involves soliciting for a prostitute, 11-14.4 that involves soliciting for a juvenile prostitute, 11-15, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, 11-20a, 12-1,
12-3, 12-3.05, 12-3.2, 12-3.3, 12-3.5, 12-4, 12-4.1, 12-4.3,
12-4.6, 12-5, 12-6, 12-6.3, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 19-4, 19-6, 21-1, 21-2, 21-3, or 26.5-2
of the Criminal Code of 1961 or the Criminal Code of 2012 or Section 1-1 of the Harassing and Obscene Communications Act is alleged in an information, complaint or indictment
on file, and the alleged offender and victim are family or household members,
as defined in the Illinois Domestic Violence Act of 1986, as now or hereafter amended,
the People through the respective State's Attorneys may by separate petition
and upon notice to the defendant, except as provided in subsection (c) herein,
request the court to issue an order of protection.
(b) In addition to any other remedies specified in Section 208 of the
Illinois Domestic Violence Act of 1986, as now or hereafter amended, the order may
direct the defendant
to initiate no contact with the alleged victim or victims who are family
or household members and to refrain from entering the residence, school
or place of business of the alleged victim or victims.
(c) The court may grant emergency relief without notice upon a showing
of immediate and present danger of abuse to the victim or minor children of the
victim and may enter a temporary order pending notice and full hearing on the
(Source: P.A. 99-642, eff. 7-28-16.)
725 ILCS 5/Art. 112
(725 ILCS 5/Art. 112 heading)
725 ILCS 5/112-1
(725 ILCS 5/112-1)
(from Ch. 38, par. 112-1)
Selection and qualification.
The grand jurors shall be summoned, drawn, qualified and certified
according to law.
(Source: Laws 1963, p. 2836
725 ILCS 5/112-2
(725 ILCS 5/112-2)
(from Ch. 38, par. 112-2)
Impaneling the Grand Jury.
(a) The Grand Jury shall consist
of 16 persons, 12 of whom shall be necessary to constitute a quorum.
(b) The Grand Jury shall be impaneled, sworn and instructed as to its
duties by the court. The court shall select and swear one of the grand
jurors to serve as foreman.
(c) Before the Grand Jury shall enter upon the discharge of their duties
the following oath shall be administered to the jurors:
"You and each of you do solemnly swear (or affirm, as the case may be),
that you will diligently inquire into and true presentment make of all such
matters and things as shall be given you in charge, or shall otherwise come
to your knowledge, touching the present service; you shall present no
person through malice, hatred or ill-will; nor shall you leave any
unpresented through fear, favor, affection, or for any fee or reward, or
for any hope or promise thereof; but in all of your presentments, you shall
present the truth, the whole truth, and nothing but the truth, according to
the best of your skill and understanding; so help you God."
(Source: P.A. 85-690.)