Illinois General Assembly - Illinois Compiled Statutes

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725 ILCS 5/115-6

(725 ILCS 5/115-6) (from Ch. 38, par. 115-6)

Sec. 115-6. Appointment of Psychiatrist or Clinical Psychologist.

If the defendant has given notice that he may rely upon the defense of insanity
as defined in Section 6-2 of the Criminal Code of 2012 or the defendant
indicates that he intends to plead guilty but mentally ill or the defense
of intoxicated or drugged condition as defined in Section 6-3 of the Criminal
Code of 2012 or if the facts and circumstances of the case justify a reasonable
belief that the aforesaid defenses may be raised, the Court shall, on motion
of the State, order the defendant to submit to examination
by at least one clinical psychologist or psychiatrist, to be named by the
prosecuting attorney. The
Court shall also order the defendant to submit to an examination by one
neurologist, one clinical psychologist and one
electroencephalographer to be named by the prosecuting attorney if the
State asks for one or more of such additional examinations. The Court may
order additional examinations if the Court finds that additional
examinations by additional experts will be of substantial value in the
determination of issues of insanity or
drugged conditions. The reports of
such experts shall be made available to the defense. Any statements made by
defendant to such experts shall not be admissible against the defendant
unless he raises the defense of insanity or the defense of drugged
condition, in which case they shall be admissible only on the issue of
whether he was insane or drugged. The refusal of the defendant to cooperate
in such examinations shall not automatically preclude the raising of the aforesaid
defenses but shall preclude the defendant from offering expert evidence or
testimony tending to support such defenses if the expert evidence or
testimony is based upon the expert's examination of the defendant.  If
the Court, after a hearing, determines to its satisfaction that the defendant's
refusal to cooperate was unreasonable it may, in its sound discretion, bar
any or all evidence upon the defense asserted.

(Source: P.A. 97-1150, eff. 1-25-13.)