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.

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725 ILCS 220/1

(725 ILCS 220/1) (from Ch. 38, par. 156-1)

Sec. 1.

"Witness" as used in this Act shall include a person whose
testimony is desired in any proceeding or investigation by a grand jury or
in a criminal action, prosecution or proceeding.

The word "summons" shall include a subpoena (both subpoena ad
testificandum and subpoena duces tecum), order or other notice requiring
the appearance of a witness.

(Source: Laws 1965, p. 2694.)

725 ILCS 220/2

(725 ILCS 220/2) (from Ch. 38, par. 156-2)

Sec. 2.

Summoning
witness in this state to testify in another state.

If a judge of a court of record in any state which by its laws has made
provision for commanding persons within that state to attend and testify in
this state certifies under the seal of such court that there is a criminal
prosecution pending in such court, or that a grand jury investigation has
commenced or is about to commence, that a person being within this state is
a material witness in such prosecution, or grand jury investigation, and
his presence will be required for a specified number of days, upon
presentation of such certificate to any judge of a court in the county in
which such person is, such judge shall fix a time and place for a hearing,
and shall make an order directing the witness to appear at a time and place
certain for the hearing.

If at a hearing the judge determines that the witness is material and
necessary, that it will not cause undue hardship to the witness to be
compelled to attend and testify in the prosecution or a grand jury
investigation in the other state, and that the laws of the state in which
the prosecution is pending, or grand jury investigation has commenced or is
about to commence (and of any other state through which the witness may be
required to pass by ordinary course of travel), will give to him protection
from arrest and the service of civil and criminal process, he shall issue a
summons, with a copy of the certificate attached, directing the witness to
attend and testify in the court where the prosecution is pending, or where
a grand jury investigation has commenced or is about to commence at a time
and place specified in the summons. In any such hearing the certificate
shall be prima facie evidence of all the facts stated therein.

If said certificate recommends that the witness be taken into immediate
custody and delivered to an officer of the requesting state to assure his
attendance in the requesting state, such judge may, in lieu of notification
of the hearing, direct that such witness be forthwith brought before him
for said hearing; and the judge at the hearing being satisfied of the
desirability of such custody and delivery, for which determination the
certificate shall be prima facie proof of such desirability may, in lieu of
issuing subpoena or summons, order that said witness be forthwith taken
into custody and delivered to an officer of the requesting state.

No subpoena, summons, or order shall be issued for a witness to provide information or testimony in relation to any proceeding if the charge is based on conduct that involves lawful health care activity, as defined by the Lawful Health Care Activity Act, that is not unlawful under the laws of this State. This limitation does not apply for the purpose of complying with obligations under Brady v. Maryland (373 U.S. 83) or Giglio v. United States (405 U.S. 150).

If the witness, who is summoned as above provided, after being paid or
tendered by some properly authorized person the sum of 10 cents a mile for
each mile by the ordinary travel route to and from the court where the
prosecution is pending and five dollars for each day that he is required to
travel and attend as a witness, fails without good cause to attend and
testify as directed in the summons, he shall be punished in the manner
provided for the punishment of any witness who disobeys a summons issued
from a court in this state.

(Source: P.A. 102-1117, eff. 1-13-23.)

725 ILCS 220/3

(725 ILCS 220/3) (from Ch. 38, par. 156-3)

Sec. 3.

Witness
from another state summoned to testify in this State.

If a person in any state, which by its laws has made provision for
commanding persons within its borders to attend and testify in criminal
prosecutions, or grand jury investigations commenced or about to commence,
in this state, is a material witness in a prosecution pending in a court in
this state, or in a grand jury investigation which has commenced or is
about to commence, a judge of such court may issue a certificate under the
seal of the court stating these facts and specifying the number of days the
witness will be required. Said certificate may include a recommendation
that the witness be taken into immediate custody and delivered to an
officer of this state to assure his attendance in this state. This
certificate shall be presented to a judge of a court of record in the
county in which the witness is found.

If the witness is summoned to attend and testify in this state he shall
be tendered the sum of 10 cents a mile for each mile by the ordinary
traveled route to and from the court where the prosecution is pending, and
5 dollars for each day that he is required to travel and attend as a
witness. A witness who has appeared in accordance with the provisions of
the summons shall not be required to remain within this state a longer
period of time than the period mentioned in the certificate, unless
otherwise ordered by the court. If such witness, after coming into this
state, fails without good cause to attend and testify as directed in the
summons, he shall be punished in the manner provided for the punishment of
any witness who disobeys a summons issued from a court in this state.

(Source: Laws 1967, p. 3804.)

725 ILCS 220/4

(725 ILCS 220/4) (from Ch. 38, par. 156-4)

Sec. 4.

Exemption
from arrest and service of process.

If a person comes into this state in obedience to a summons directing
him to attend and testify in this state he shall not, while in this state
pursuant to such summons be subject to arrest or the service of process,
civil or criminal, in connection with matters which arose before his
entrance into this state under the summons.

If a person passes through this state while going to another state in
obedience to a summons to attend and testify in that state or while
returning therefrom, he shall not while so passing through this state be
subject to arrest or the service of process, civil or criminal, in
connection with matters which arose before his entrance into this state
under the summons.

(Source: Laws 1959, p. 2147.)

725 ILCS 220/5

(725 ILCS 220/5) (from Ch. 38, par. 156-5)

Sec. 5.

Uniformity of interpretation.

This act shall be so interpreted and construed as to effectuate its
general purpose to make uniform the law of the states which enact it.

(Source: Laws 1959, p. 2147.)

725 ILCS 220/6

(725 ILCS 220/6) (from Ch. 38, par. 156-6)

Sec. 6.

Short title.

This Act may be cited as the Uniform Act to Secure
the Attendance of Witnesses from Within or Without a State in Criminal
Proceedings.

(Source: Laws 1959, p. 2147.)