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.
(725 ILCS 5/115-3) (from Ch. 38, par. 115-3)
Sec. 115-3. Trial by the Court. (a) A trial shall be conducted in
the presence of the defendant unless he waives the right to be present.
(b) Upon conclusion of the trial the court shall enter a general
finding, except that, when the affirmative defense of insanity has been
presented during the trial and acquittal is based solely upon the
defense of insanity, the court shall enter a finding of not guilty by
reason of insanity. In the event of a finding of not guilty by reason
of insanity, a hearing shall be held pursuant to the Mental Health and
Developmental Disabilities Code to determine whether the defendant is
subject to involuntary admission.
(c) When the defendant has asserted a defense of insanity, the court
may find the defendant guilty but mentally ill if, after hearing all of
the evidence, the court finds that:
(1) the State has proven beyond a reasonable doubt |
| that the defendant is guilty of the offense charged; and
|
|
(2) the defendant has failed to prove his insanity as
|
| required in subsection (b) of Section 3-2 of the Criminal Code of 2012 and subsections (a), (b) and (e) of Section 6-2 of the Criminal Code of 2012; and
|
|
(3) the defendant has proven by a preponderance of
|
| the evidence that he was mentally ill, as defined in subsections (c) and (d) of Section 6-2 of the Criminal Code of 2012 at the time of the offense.
|
|
(Source: P.A. 97-1150, eff. 1-25-13.)
|