(725 ILCS 5/Tit. I heading) TITLE I.
GENERAL PROVISIONS
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(725 ILCS 5/Art. 100 heading) ARTICLE 100.
TITLE AND SCOPE
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(725 ILCS 5/100-1) (from Ch. 38, par. 100-1)
Sec. 100-1.
Short
title.
This Act shall be known and may be cited as the "Code of Criminal
Procedure of 1963".
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/100-2) (from Ch. 38, par. 100-2)
Sec. 100-2.
Scope.
These provisions shall govern the procedure in the courts of Illinois in
all criminal proceedings except where provision for a different procedure
is specifically provided by law.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/Art. 101 heading) ARTICLE 101.
GENERAL PURPOSES
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(725 ILCS 5/101-1) (from Ch. 38, par. 101-1)
Sec. 101-1.
General purposes.
The provisions of this Code shall be construed in accordance with the
general purposes hereof, to:
(a) Secure simplicity in procedure;
(b) Ensure fairness of administration including the elimination of
unjustifiable delay;
(c) Ensure the effective apprehension and trial of persons accused of
crime;
(d) Provide for the just determination of every criminal proceeding by a
fair and impartial trial and an adequate review; and
(e) Preserve the public welfare and secure the fundamental human rights
of individuals.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/Art. 102 heading) ARTICLE 102.
GENERAL DEFINITIONS
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(725 ILCS 5/102-1) (from Ch. 38, par. 102-1)
Sec. 102-1.
Meanings of words and phrases.
For the purposes of this Code, the words and phrases described in this
Article have the meanings designated in this Article, except when a
particular context clearly requires a different meaning.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/102-2) (from Ch. 38, par. 102-2)
Sec. 102-2. Reference to criminal code for words and phrases not described.
A word or phrase not described in this Code but which is described in
Article 2 of the Criminal Code of 2012 shall have the meaning therein
described, except when a particular context in this Code clearly requires a
different meaning.
(Source: P.A. 97-1150, eff. 1-25-13.)
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(725 ILCS 5/102-3) (from Ch. 38, par. 102-3)
Sec. 102-3.
Singular term includes plural-Gender.
A singular term shall include the plural and the masculine gender shall
include the feminine except when a particular context clearly requires a
different meaning.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/102-3.5) Sec. 102-3.5. "Aftercare release". "Aftercare release" means the conditional and revocable release of a person committed to the Department of Juvenile Justice under the Juvenile Court Act of 1987, under the supervision of the Department of Juvenile Justice.
(Source: P.A. 98-558, eff. 1-1-14.) |
(725 ILCS 5/102-4) (from Ch. 38, par. 102-4)
Sec. 102-4.
"Arraignment".
"Arraignment" means the formal act of calling the defendant into open
court, informing him of the offense with which he is charged, and asking
him whether he is guilty or not guilty.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/102-5) (from Ch. 38, par. 102-5)
Sec. 102-5.
"Arrest".
"Arrest" means the taking of a person into custody.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/102-6) (from Ch. 38, par. 102-6)
Sec. 102-6. Pretrial release. "Pretrial release" has the meaning ascribed to bail in Section 9 of Article I of the Illinois Constitution where the sureties provided are nonmonetary in nature.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
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(725 ILCS 5/102-7) (from Ch. 38, par. 102-7)
Sec. 102-7. Conditions of pretrial release. "Conditions of pretrial release" means the requirements imposed upon a criminal defendant by the court under Section 110-5.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
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(725 ILCS 5/102-7.1) (Text of Section before amendment by P.A. 102-982) Sec. 102-7.1. "Category A offense". "Category A offense" means a Class 1 felony, Class 2 felony, Class X felony, first degree murder, a violation of Section 11-204 of the Illinois Vehicle Code, a second or subsequent violation of Section 11-501 of the Illinois Vehicle Code, a violation of subsection (d) of Section 11-501 of the Illinois Vehicle Code, a violation of Section 11-401 of the Illinois Vehicle Code if the accident results in injury and the person failed to report the accident within 30 minutes, a violation of Section 9-3, 9-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 11-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 12-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 24-3, 25-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a second or subsequent violation of 12-3.2 or 12-3.4 of the Criminal Code of 2012, a violation of paragraph (5) or (6) of subsection (b) of Section 10-9 of the Criminal Code of 2012, a violation of subsection (b) or (c) or paragraph (1) or (2) of subsection (a) of Section 11-1.50 of the Criminal Code of 2012, a violation of Section 12-7 of the Criminal Code of 2012 if the defendant inflicts bodily harm on the victim to obtain a confession, statement, or information, a violation of Section 12-7.5 of the Criminal Code of 2012 if the action results in bodily harm, a violation of paragraph (3) of subsection (b) of Section 17-2 of the Criminal Code of 2012, a violation of subdivision (a)(7)(ii) of Section 24-1 of the Criminal Code of 2012, a violation of paragraph (6) of subsection (a) of Section 24-1 of the Criminal Code of 2012, a first violation of Section 24-1.6 of the Criminal Code of 2012 by a person 18 years of age or older where the factors listed in both items (A) and (C) or both items (A-5) and (C) of paragraph (3) of subsection (a) of Section 24-1.6 of the Criminal Code of 2012 are present, a Class 3 felony violation of paragraph (1) of
subsection (a) of Section 2 of the Firearm Owners Identification Card Act, or a violation of Section 10 of the Sex Offender Registration Act.
(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19.) (Text of Section after amendment by P.A. 102-982) Sec. 102-7.1. "Category A offense". "Category A offense" means a Class 1 felony, Class 2 felony, Class X felony, first degree murder, a violation of Section 11-204 of the Illinois Vehicle Code, a second or subsequent violation of Section 11-501 of the Illinois Vehicle Code, a violation of subsection (d) of Section 11-501 of the Illinois Vehicle Code, a violation of Section 11-401 of the Illinois Vehicle Code if the crash results in injury and the person failed to report the crash within 30 minutes, a violation of Section 9-3, 9-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 11-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 12-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 24-3, 25-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a second or subsequent violation of 12-3.2 or 12-3.4 of the Criminal Code of 2012, a violation of paragraph (5) or (6) of subsection (b) of Section 10-9 of the Criminal Code of 2012, a violation of subsection (b) or (c) or paragraph (1) or (2) of subsection (a) of Section 11-1.50 of the Criminal Code of 2012, a violation of Section 12-7 of the Criminal Code of 2012 if the defendant inflicts bodily harm on the victim to obtain a confession, statement, or information, a violation of Section 12-7.5 of the Criminal Code of 2012 if the action results in bodily harm, a violation of paragraph (3) of subsection (b) of Section 17-2 of the Criminal Code of 2012, a violation of subdivision (a)(7)(ii) of Section 24-1 of the Criminal Code of 2012, a violation of paragraph (6) of subsection (a) of Section 24-1 of the Criminal Code of 2012, a first violation of Section 24-1.6 of the Criminal Code of 2012 by a person 18 years of age or older where the factors listed in both items (A) and (C) or both items (A-5) and (C) of paragraph (3) of subsection (a) of Section 24-1.6 of the Criminal Code of 2012 are present, a Class 3 felony violation of paragraph (1) of
subsection (a) of Section 2 of the Firearm Owners Identification Card Act, or a violation of Section 10 of the Sex Offender Registration Act.
(Source: P.A. 102-982, eff. 7-1-23.) |
(725 ILCS 5/102-7.2) Sec. 102-7.2. "Category B offense". "Category B offense" means a business offense, petty offense, Class C misdemeanor, Class B misdemeanor, Class A misdemeanor, Class 3 felony, or Class 4 felony, which is not specified in Category A.
(Source: P.A. 100-1, eff. 1-1-18.) |
(725 ILCS 5/102-8) (from Ch. 38, par. 102-8)
Sec. 102-8.
"Charge".
"Charge" means a written statement presented to a court accusing a
person of the commission of an offense and includes complaint, information
and indictment.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/102-9) (from Ch. 38, par. 102-9)
Sec. 102-9.
"Complaint".
"Complaint" means a verified written statement other than an information
or an indictment, presented to a court, which charges the commission of an
offense.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/102-10) (from Ch. 38, par. 102-10)
Sec. 102-10.
"Court".
"Court" means a place where justice is judicially administered and
includes a judge thereof.
(Source: P.A. 77-1286.)
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(725 ILCS 5/102-10.5) Sec. 102-10.5. "Felony". "Felony" has the meaning provided in Section 2-7 of the Criminal Code of 2012.
(Source: P.A. 102-1104, eff. 1-1-23.) |
(725 ILCS 5/102-11) (from Ch. 38, par. 102-11)
Sec. 102-11.
"Indictment".
"Indictment" means a written statement, presented by the Grand Jury to a
court, which charges the commission of an offense.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/102-12) (from Ch. 38, par. 102-12)
Sec. 102-12.
"Information".
"Information" means a verified written statement signed by a State's
Attorney, and presented to a court, which charges the commission of an
offense.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/102-13) (from Ch. 38, par. 102-13)
Sec. 102-13.
"Judge".
"Judge" means a person who is invested by law with the power to perform
judicial functions and includes a court when a particular context so
requires.
(Source: P.A. 77-1286.)
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(725 ILCS 5/102-14) (from Ch. 38, par. 102-14)
Sec. 102-14.
"Judgment".
"Judgment" means an adjudication by the court that the defendant is
guilty or not guilty and if the adjudication is that the defendant is
guilty it includes the sentence pronounced by the court.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/102-14.5) Sec. 102-14.5. "Misdemeanor". "Misdemeanor" has the meaning provided in Section 2-11 of the Criminal Code of 2012.
(Source: P.A. 102-1104, eff. 1-1-23.) |
(725 ILCS 5/102-15) (from Ch. 38, par. 102-15)
Sec. 102-15.
"Offense".
"Offense" means a violation of any penal statute of this State.
(Source: P.A. 76-1796.)
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(725 ILCS 5/102-16) (from Ch. 38, par. 102-16)
Sec. 102-16. "Parole".
"Parole" means the conditional and revocable release of a person committed to the Department of Corrections
under the supervision of a paroling authority.
(Source: P.A. 98-558, eff. 1-1-14.)
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(725 ILCS 5/102-17) (from Ch. 38, par. 102-17)
Sec. 102-17.
"Preliminary examination".
"Preliminary examination" means a hearing before a judge to determine if
there is probable cause to believe that the person accused has committed an
offense.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/102-18) (from Ch. 38, par. 102-18)
Sec. 102-18.
"Probation".
"Probation" means a sentence or adjudication of conditional and
revocable release under the supervision of a probation officer.
(Source: P.A. 77-2476.)
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(725 ILCS 5/102-19) (from Ch. 38, par. 102-19)
Sec. 102-19.
"Recognizance".
"Recognizance" means an undertaking without security entered into by a
person by which he binds himself to comply with such conditions as are set
forth therein and which may provide for the forfeiture of a sum set by the
court on failure to comply with the conditions thereof.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/102-20) (from Ch. 38, par. 102-20)
Sec. 102-20.
"Sentence".
"Sentence" is the disposition imposed on the defendant by the court.
(Source: P.A. 77-2476.)
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(725 ILCS 5/102-21) (from Ch. 38, par. 102-21)
Sec. 102-21.
Clinical psychologist; court-appointed examiner.
(a) "Clinical psychologist" means a psychologist licensed under the
Clinical Psychologist Licensing Act.
(b) "Court-appointed examiner" means a clinical social worker as defined
in Section 9 of the Clinical Social Work and Social Work Practice Act.
(Source: P.A. 87-530.)
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(725 ILCS 5/102-22)
Sec. 102-22.
"Facility director", for the purposes of Article 104, means
the chief officer of a mental health or developmental disabilities facility or
his or her designee or the supervisor of a program of treatment or
habilitation or his or her designee. "Designee" may include a physician,
clinical psychologist, social worker, or nurse.
(Source: P.A. 90-105, eff. 7-11-97.)
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(725 ILCS 5/102-23)
Sec. 102-23.
"Person with a moderate intellectual disability" means a person whose
intelligence
quotient is between 41 and 55 and who does not suffer from significant mental
illness to the extent that the person's ability to exercise rational judgment
is impaired.
(Source: P.A. 99-143, eff. 7-27-15.)
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(725 ILCS 5/Art. 103 heading) ARTICLE 103.
RIGHTS OF ACCUSED
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(725 ILCS 5/103-1) (from Ch. 38, par. 103-1)
Sec. 103-1. Rights on arrest. (a) After an arrest on a warrant the
person making the arrest shall inform the person arrested that a warrant
has been issued for his arrest and the nature of the offense specified
in the warrant.
(b) After an arrest without a warrant the person making the arrest
shall inform the person arrested of the nature of the offense on which
the arrest is based.
(b-5) This subsection is intended to implement and be interpreted consistently with the Vienna Convention on Consular Relations, to which the United States is a party. Article 36 of that Convention guarantees that when foreign nationals are arrested or detained, they must be advised of their right to have their consular officials notified, and if an individual chooses to exercise that right, a law enforcement official is required to notify the consulate. It does not create any new substantive State right or remedy. (1) In accordance with federal law and the provisions | ||
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(2) If the foreign national requests consular | ||
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(3) The law enforcement official in charge of the | ||
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(c) No person arrested for a traffic, regulatory or misdemeanor
offense, except in cases involving weapons or a controlled substance,
shall be strip searched unless there is reasonable belief that the
individual is concealing a weapon or controlled substance.
(d) "Strip search" means having an arrested person remove or arrange
some or all of his or her clothing so as to permit a visual inspection
of the genitals, buttocks, anus, female breasts or undergarments of such
person.
(e) All strip searches conducted under this Section shall be
performed by persons of the same sex as the arrested person and on
premises where the search cannot be observed by persons not physically
conducting the search.
(f) Every peace officer or employee of a police department
conducting a strip search shall:
(1) Obtain the written permission of the police | ||
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(2) Prepare a report of the strip search. The report | ||
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(g) No search of any body cavity other than the mouth shall be
conducted without a duly executed search warrant; any warrant
authorizing a body cavity search shall specify that the search must be
performed under sanitary conditions and conducted either by or under the
supervision of a physician licensed to practice medicine in all of its
branches in this State.
(h) Any peace officer or employee who knowingly or intentionally
fails to comply with any provision of this Section, except subsection (b-5) of this Section, is guilty of official
misconduct as provided in Section 103-8; provided however, that nothing
contained in this Section shall preclude prosecution of a peace officer
or employee under another section of this Code.
(i) Nothing in this Section shall be construed as limiting any
statutory or common law rights of any person for purposes of any civil
action or injunctive relief.
(j) The provisions of subsections (c) through (h) of this Section
shall not apply when the person is taken into custody by or remanded to
the sheriff or correctional institution pursuant to a court order.
(Source: P.A. 99-190, eff. 1-1-16.)
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(725 ILCS 5/103-2) (from Ch. 38, par. 103-2)
Sec. 103-2. Treatment while in custody.
(a) On being taken into custody every person shall have the right to
remain silent.
(b) No unlawful means of any kind shall be used to obtain a statement,
admission or confession from any person in custody.
(c) Persons in custody shall be treated humanely and provided with
proper food, shelter and, if required, medical treatment without unreasonable delay if the need for the treatment is apparent.
(Source: P.A. 101-652, eff. 7-1-21.)
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(725 ILCS 5/103-2.1)
Sec. 103-2.1. When statements by accused may be used.
(a) In this Section, "custodial interrogation" means any interrogation
during which (i) a reasonable person in the subject's position would consider
himself or herself to be in custody and (ii) during which
a question is asked that is reasonably likely to elicit an incriminating
response.
In this Section, "place of detention" means a building or a police station
that is a place of operation for a municipal police department or county
sheriff department or other law enforcement agency, not a courthouse, that
is owned or operated by a
law enforcement agency at which persons are or may be held in detention in
connection with criminal charges against those persons.
In this Section, "electronic recording" includes motion picture,
audiotape, or videotape, or digital recording.
(a-5) An oral, written, or sign language statement of a minor, who at the time of the commission of the offense was under 18 years of age, is presumed to be inadmissible when the statement is obtained from the minor while the minor is subject to custodial interrogation by a law enforcement officer, State's Attorney, juvenile officer, or other public official or employee prior to the officer, State's Attorney, public official, or employee: (1) continuously reads to the minor, in its entirety | ||
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(2) after reading the statement required by paragraph | ||
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(A) "Do you want to have a lawyer?" (B) "Do you want to talk to me?" (a-10) An oral, written, or sign language statement of a minor, who at the time of the commission of the offense was under 18 years of age, made as a result of a custodial interrogation conducted at a police station or other place of detention on or after the effective date of this amendatory Act of the 99th General Assembly shall be presumed to be inadmissible as evidence in a criminal proceeding or a juvenile court proceeding for an act that if committed by an adult would be a misdemeanor offense under Article 11 of the Criminal Code of 2012 or a felony offense under the Criminal Code of 2012 unless: (1) an electronic recording is made of the custodial | ||
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(2) the recording is substantially accurate and not | ||
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(b) An oral, written, or sign language statement of an accused made as a
result of a
custodial
interrogation conducted at a police station or other place of detention shall be presumed
to be inadmissible as
evidence against the
accused in any
criminal
proceeding brought under Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, or 9-3.3
of the Criminal Code of 1961 or the Criminal Code of 2012 or under clause (d)(1)(F) of Section 11-501 of the Illinois Vehicle Code
unless:
(1) an electronic recording is made of the custodial | ||
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(2) the recording is substantially accurate and not | ||
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(b-5) Under the following circumstances, an oral, written, or sign language statement of an accused made as a result of a custodial interrogation conducted at a police station or other place of detention shall be presumed to be inadmissible as evidence against the accused, unless an electronic recording is made of the custodial interrogation and the recording is substantially accurate and not intentionally altered: (1) in any criminal proceeding brought under Section | ||
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(2) in any criminal proceeding brought under Section | ||
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(3) in any criminal proceeding brought under Section | ||
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(b-10) If, during the course of an electronically recorded custodial interrogation conducted under this Section, the accused makes a statement that creates a reasonable suspicion to believe the accused has committed an offense other than an offense required to be recorded under subsection (b) or (b-5), the interrogators may, without the accused's consent, continue to record the interrogation as it relates to the other offense notwithstanding any provision of law to the contrary. Any oral, written, or sign language statement of an accused made as a result of an interrogation under this subsection shall be presumed to be inadmissible as evidence against the accused in any criminal proceeding, unless the recording is substantially accurate and not intentionally altered. (c) Every electronic recording made under this Section
must be preserved
until such time as the
defendant's conviction
for any
offense relating to the statement is final and all direct and habeas corpus
appeals are
exhausted,
or the prosecution of such offenses is barred by law.
(d) If the court finds, by a preponderance of the evidence, that the
defendant
was
subjected to a custodial interrogation in violation of this Section, then any
statements made
by the
defendant during or following that non-recorded custodial interrogation, even
if
otherwise in compliance with this Section, are presumed to be inadmissible in
any criminal
proceeding against the defendant except for the purposes of impeachment.
(e) Nothing in this Section precludes the admission (i) of a statement made
by the
accused in open court at his or her trial, before a grand jury, or at
a preliminary hearing, (ii)
of a
statement made during a
custodial interrogation that was not recorded as required by
this
Section, because electronic recording was not feasible, (iii) of a
voluntary
statement,
whether or not the result of a custodial interrogation, that has a bearing on
the
credibility of the accused as a witness,
(iv) of a spontaneous statement that is
not made in response to a question,
(v) of a statement made after questioning that is routinely
asked during the processing of the arrest of the suspect, (vi) of a statement
made
during a custodial interrogation by a suspect who requests, prior to making the
statement, to respond to the
interrogator's questions only if
an electronic recording is not made of the statement, provided that an
electronic
recording is made of the statement of agreeing to respond to
the interrogator's question, only if a recording is not made of the statement,
(vii) of a
statement made
during a custodial
interrogation that is conducted out-of-state, (viii)
of a statement
given in violation of subsection (b) at a time when the interrogators are unaware that a death has in fact
occurred, (ix) of a statement given in violation of subsection (b-5) at a time when the interrogators are unaware of facts and circumstances that would create probable cause to believe that the accused committed an offense required to be recorded under subsection (b-5), or (x) of any other
statement that may be
admissible under law. The State shall bear the burden of proving, by a
preponderance of the evidence, that one of the exceptions described in this
subsection (e) is
applicable.
Nothing in
this Section precludes the admission of a statement, otherwise inadmissible
under
this Section, that is used only for impeachment and not as substantive
evidence.
(f) The presumption of inadmissibility of a statement made by a suspect at
a custodial interrogation at a police station or other place of detention may
be overcome by a preponderance of the evidence
that
the statement was voluntarily given and is reliable, based on the totality of
the
circumstances.
(g) Any electronic recording of any statement made by an accused during a
custodial interrogation 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 information
shall not be transmitted to anyone except as needed to comply with this
Section.
(Source: P.A. 98-547, eff. 1-1-14; 99-882, eff. 1-1-17.)
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(725 ILCS 5/103-2.2) (Text of Section before amendment by P.A. 103-341) Sec. 103-2.2. Prohibition of deceptive tactics. (a) In this Section: "Custodial interrogation" means any interrogation during which (i) a reasonable person in the subject's position would consider himself or herself to be in custody and (ii) during which a question is asked that is reasonably likely to elicit an incriminating response. "Deception" means the knowing communication of false facts about evidence or unauthorized statements regarding leniency by a law enforcement officer or juvenile officer to a subject of custodial interrogation. "Place of detention" means a building or a police station that is a place of operation for a municipal police department or county sheriff department or other law
enforcement agency, not a courthouse, that is owned or operated by a law enforcement agency at which persons are or may be held in detention in connection with criminal charges against those
persons. (b) An oral, written, or sign language confession of a minor, who at the time of the commission of the offense was under 18 years of age, made as a result of a custodial interrogation conducted at a police station or other place of detention on or after the effective date of this amendatory Act of the 102nd General Assembly shall be presumed to be inadmissible as evidence against the minor making the confession in a criminal proceeding or a juvenile court proceeding for an act that if committed by an adult would be a misdemeanor offense under Article 11 of the Criminal Code of 2012 or a felony offense under the Criminal Code of 2012 if, during the custodial interrogation, a law enforcement officer or juvenile officer knowingly engages in deception. (c) The presumption of inadmissibility of a confession of a minor, who at the time of the commission of the offense was under 18 years of age, at a custodial interrogation at a police station or other place of detention, when such confession is procured through the knowing use of deception, may be overcome by a preponderance of the evidence that the confession was voluntarily given, based on the totality of the circumstances. (d) The burden of going forward with the evidence and the burden of proving that a confession was voluntary shall be on the State. Objection to the failure of the State to call all material witnesses on the issue of whether the confession was voluntary must be made in the trial court.
(Source: P.A. 102-101, eff. 1-1-22.) (Text of Section after amendment by P.A. 103-341) Sec. 103-2.2. Prohibition of deceptive tactics. (a) In this Section: "Custodial interrogation" means any interrogation during which (i) a reasonable person in the subject's position would consider himself or herself to be in custody and (ii) during which a question is asked that is reasonably likely to elicit an incriminating response. "Deception" means the knowing communication of false facts about evidence or unauthorized statements regarding leniency by a law enforcement officer or juvenile officer to a subject of custodial interrogation. "Place of detention" means a building or a police station that is a place of operation for a municipal police department or county sheriff department or other law
enforcement agency, not a courthouse, that is owned or operated by a law enforcement agency at which persons are or may be held in detention in connection with criminal charges against those
persons. "Protected person" means: a minor who, at the time of the
commission of the offense, was under 18 years of age; or a person
with a severe or profound intellectual disability. (b) An oral, written, or sign language confession of a protected person made as a result of a custodial interrogation conducted at a police station or other place of detention on or after the effective date of this amendatory Act of the 102nd General Assembly shall be presumed to be inadmissible as evidence against the protected person making the confession in a criminal proceeding or a juvenile court proceeding for an act that if committed by an adult would be a misdemeanor offense under Article 11 of the Criminal Code of 2012 or a felony offense under the Criminal Code of 2012 if, during the custodial interrogation, a law enforcement officer or juvenile officer knowingly engages in deception. (c) The presumption of inadmissibility of a confession of a protected person at a custodial interrogation at a police station or other place of detention, when such confession is procured through the knowing use of deception, may be overcome by a preponderance of the evidence that the confession was voluntarily given, based on the totality of the circumstances. (d) The burden of going forward with the evidence and the burden of proving that a confession was voluntary shall be on the State. Objection to the failure of the State to call all material witnesses on the issue of whether the confession was voluntary must be made in the trial court.
(Source: P.A. 102-101, eff. 1-1-22; 103-341, eff. 1-1-24.) |
(725 ILCS 5/103-3)
Sec. 103-3. (Repealed).
(Source: P.A. 102-28, eff. 6-25-21. Repealed by P.A. 102-694, eff. 1-7-22.)
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(725 ILCS 5/103-3.5) Sec. 103-3.5. Right to communicate with attorney and family; transfers; presumption of inadmissibility. (a) Persons who are in police custody shall have the right to communicate free of charge with an attorney of his or her choice and members of his or her family as soon as possible upon being taken into police custody, but no later than 3 hours of arrival at the first place of detention. Persons in police custody must be given access to use a telephone via a landline or cellular phone to make 3 telephone calls. (b) In accordance with Section 103-7, at every police facility where a person is in police custody, a sign containing at minimum, the following information in bold block type must be posted in a conspicuous place: (1) a short statement notifying persons who are in | ||
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(2) that persons who are in police custody have the | ||
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(c) In addition to the information listed in subsection (b), if the place of detention is located in a jurisdiction where the court has appointed the public defender or other attorney to represent persons who are in police custody, the telephone number to the public defender or other attorney's office must also be displayed. The telephone call to the public defender or other attorney must not be monitored, eavesdropped upon, or recorded. (d) If a person who is in police custody is transferred to a new place of detention, that person's right to make 3 telephone calls under this Section within 3 hours of arrival is renewed. (e) Statements made by a person who is detained in police custody in violation of this section are presumed inadmissible in court as evidence. The presumption of inadmissibility may be overcome by a preponderance of the evidence that the statement was voluntarily given and is reliable, based on the totality of the circumstances. As used in this subsection, "totality of the circumstances" includes, but is not limited to, evidence that law enforcement knowingly prevented or delayed a person's right to communicate or failed to comply with the requirements of this Section. (f) The 3-hour requirement under this Section shall not apply while the person in police custody is asleep, unconscious, or otherwise incapacitated or an exigent circumstance prevents the officers from timely complying with this Section. If this occurs, it must be documented within the police report detailing the exigent circumstance. Once the exigent circumstance ends, the right to make 3 phone calls within 3 hours resumes. (g) In accordance with this Section, the following records shall be maintained: (i) the number of phone calls the person made while in custody; (ii) the time or times the person made phone calls; and (iii) if the person did not make any phone calls, a statement of the reason or reasons why no calls were made. (h) For purposes of this Section, "place of detention" means a building or a police station that is a place of operation for a municipal police department or county sheriff department or other law enforcement agency, other than a courthouse, that is owned or operated by a law enforcement agency, or other building, such as a school or hospital, where persons are held in detention in connection with criminal charges against those persons.
(Source: P.A. 102-694, eff. 1-7-22.) |
(725 ILCS 5/103-4) (from Ch. 38, par. 103-4)
Sec. 103-4.
Right
to consult with attorney.
Any person committed, imprisoned or restrained of his liberty for any
cause whatever and whether or not such person is charged with an offense
shall, except in cases of imminent danger of escape, be allowed to consult
with any licensed attorney at law of this State whom such person may desire
to see or consult, alone and in private at the place of custody, as many
times and for such period each time as is reasonable. When any such person
is about to be moved beyond the limits of this State under any pretense
whatever the person to be moved shall be entitled to a reasonable delay for
the purpose of obtaining counsel and of availing himself of the laws of
this State for the security of personal liberty.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/103-5) (from Ch. 38, par. 103-5)
Sec. 103-5. Speedy trial.) (a) Every person in custody in this State for an alleged offense shall
be tried by the court having jurisdiction within 120 days from the date he or she
was taken into custody unless delay is occasioned by the defendant, by an
examination for fitness ordered pursuant to Section 104-13 of this Act, by
a fitness hearing, by an adjudication of unfitness to stand trial, by a
continuance allowed pursuant to Section 114-4 of this Act after a court's
determination of the defendant's physical incapacity for trial, or by an
interlocutory appeal. Delay shall be considered to be agreed to by the
defendant unless he or she objects to the delay by making a written demand for
trial or an oral demand for trial on the record. The provisions of this subsection
(a) do not apply to a person on pretrial release or recognizance for an offense
but who is in custody for a violation of his or her parole, aftercare release, or mandatory
supervised release for another offense.
The 120-day term must be one continuous period of incarceration. In
computing the 120-day term, separate periods of incarceration may not be
combined. If a defendant is taken into custody a second (or subsequent) time
for the same offense, the term will begin again at day zero.
(b) Every person on pretrial release or recognizance shall be tried by the court
having jurisdiction within 160 days from the date defendant demands
trial unless delay is occasioned by the defendant, by an examination for
fitness ordered pursuant to Section 104-13 of this Act, by a fitness
hearing, by an adjudication of unfitness to stand trial, by a continuance
allowed pursuant to Section 114-4 of this Act after a court's determination
of the defendant's physical incapacity for trial, or by an interlocutory
appeal. The defendant's failure to appear for any court date set by the
court operates to waive the defendant's demand for trial made under this
subsection.
For purposes of computing the 160 day period under this subsection (b),
every person who was in custody for an alleged offense and demanded trial
and is subsequently released on pretrial release or recognizance and demands trial,
shall be given credit for time spent in custody following the making of the
demand while in custody. Any demand for trial made under this
subsection (b)
shall be in writing; and in the
case of a defendant not in custody, the
demand for trial shall include the date of any prior demand made under this
provision while the defendant was in custody.
(c) If the court determines that the State has exercised without
success due diligence to obtain evidence material to the case and that
there are reasonable grounds to believe that such evidence may be
obtained at a later day the court may continue the cause on application
of the State for not more than an additional 60 days. If the court
determines that the State has exercised without success due diligence to
obtain results of DNA testing that is material to the case and that there
are reasonable grounds to believe that such results may be obtained at a
later day, the court may continue the cause on application of the State for
not more than an additional 120 days.
(d) Every person not tried in accordance with subsections (a), (b)
and (c) of this Section shall be discharged from custody or released
from the obligations of his pretrial release or recognizance.
(e) If a person is simultaneously in custody upon more than one
charge pending against him in the same county, or simultaneously demands
trial upon more than one charge pending against him in the same county,
he shall be tried, or adjudged guilty after waiver of trial, upon at
least one such charge before expiration relative to any of such pending
charges of the period prescribed by subsections (a) and (b) of this
Section. Such person shall be tried upon all of the remaining charges
thus pending within 160 days from the date on which judgment relative to
the first charge thus prosecuted is rendered pursuant to the Unified Code of
Corrections or, if such trial upon such first charge is terminated
without judgment and there is no subsequent trial of, or adjudication of
guilt after waiver of trial of, such first charge within a reasonable
time, the person shall be tried upon all of the remaining charges thus
pending within 160 days from the date on which such trial is terminated;
if either such period of 160 days expires without the commencement of
trial of, or adjudication of guilt after waiver of trial of, any of such
remaining charges thus pending, such charge or charges shall be
dismissed and barred for want of prosecution unless delay is occasioned
by the defendant, by an examination for fitness ordered pursuant to
Section 104-13 of this Act, by a fitness hearing, by an adjudication
of unfitness for trial, by a continuance allowed pursuant to Section
114-4 of this Act after a court's determination of the defendant's
physical incapacity for trial, or by an interlocutory appeal; provided,
however, that if the court determines that the State has exercised
without success due diligence to obtain evidence material to the case
and that there are reasonable grounds to believe that such evidence may
be obtained at a later day the court may continue the cause on
application of the State for not more than an additional 60 days.
(f) Delay occasioned by the defendant shall temporarily suspend for
the time of the delay the period within which a person shall be tried as
prescribed by subsections (a), (b), or (e) of this Section and on the
day of expiration of the delay the said period shall continue at the
point at which it was suspended. Where such delay occurs within 21 days
of the end of the period within which a person shall be tried as
prescribed by subsections (a), (b), or (e) of this Section, the court
may continue the cause on application of the State for not more than an
additional 21 days beyond the period prescribed by subsections (a), (b), or
(e). This subsection (f) shall become effective on, and apply to persons
charged with alleged offenses committed on or after, March 1, 1977.
(Source: P.A. 101-652, eff. 1-1-23.)
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(725 ILCS 5/103-6) (from Ch. 38, par. 103-6)
Sec. 103-6.
Waiver of jury trial.
Every person accused of an offense
shall have the right to a trial by jury unless (i) understandingly waived
by defendant in open court or (ii) the offense is an ordinance violation
punishable by fine only and the defendant either fails to file a demand for
a trial by jury at the time of entering his or her plea of not guilty or
fails to pay to the clerk of the circuit court at the time of entering his
or her plea of not guilty any jury fee required to be paid to the clerk.
(Source: P.A. 86-1386.)
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(725 ILCS 5/103-7) (from Ch. 38, par. 103-7)
Sec. 103-7. Posting notice of rights.
Every sheriff, chief of police or other person who is in charge of any
jail, police station or other building where persons under arrest are held
in custody pending investigation, pretrial release or other criminal proceedings, shall
post in every room, other than cells, of such buildings where persons are
held in custody, in conspicuous places where it may be seen and read by
persons in custody and others, a poster, printed in large type, containing
a verbatim copy in the English language of the provisions of Sections 103-2,
103-3, 103-4, 109-1, 110-2, 110-4, and 113-3 of this Code. Each person who is in charge of
any courthouse or other building in which any trial of an offense is
conducted shall post in each room primarily used for such trials and in
each room in which defendants are confined or wait, pending trial, in
conspicuous places where it may be seen and read by persons in custody and
others, a poster, printed in large type, containing a verbatim copy in the
English language of the provisions of Sections 103-6, 113-1, 113-4 and
115-1 and of subparts (a) and (b) of Section 113-3 of this Code.
(Source: P.A. 101-652, eff. 1-1-23.)
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(725 ILCS 5/103-8) (from Ch. 38, par. 103-8)
Sec. 103-8. Mandatory duty of officers.
Any peace officer who intentionally prevents the exercise by an accused
of any right conferred by this Article or who intentionally fails to
perform any act required of him by this Article shall be guilty of official
misconduct and may be punished in accordance with Section 33-3 of the
Criminal Code of 2012.
(Source: P.A. 97-1150, eff. 1-25-13.)
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(725 ILCS 5/103-9) (from Ch. 38, par. 103-9)
Sec. 103-9. Bail bondsmen. No bail bondsman from any state may seize
or transport unwillingly any person found in this State who is allegedly in
violation of a bail bond posted in some other state or conditions of pretrial release. The return of any
such person to another state may be accomplished only as provided by the
laws of this State. Any bail bondsman who violates this Section is fully
subject to the criminal and civil penalties provided by the laws of this
State for his actions.
(Source: P.A. 101-652, eff. 1-1-23.)
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(725 ILCS 5/Art. 104 heading) ARTICLE 104.
FITNESS FOR TRIAL, TO PLEAD OR TO BE SENTENCED
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(725 ILCS 5/104-10) (from Ch. 38, par. 104-10)
Sec. 104-10.
Presumption of Fitness; Fitness Standard.) A defendant is
presumed to be fit to stand trial or to plead, and be sentenced. A defendant is unfit
if, because of his mental or physical condition, he is unable to understand
the nature and purpose of the proceedings against him or to assist in his defense.
(Source: P.A. 81-1217.)
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(725 ILCS 5/104-11) (from Ch. 38, par. 104-11)
Sec. 104-11.
Raising Issue; Burden; Fitness Motions.) (a) The issue
of the defendant's fitness for trial, to plead, or to be sentenced may be
raised by the defense,
the State or the Court at any appropriate time before a plea is entered
or before, during, or after trial. When a bonafide doubt of the defendant's
fitness is raised, the court shall order a determination of the issue before
proceeding further.
(b) Upon request of the defendant that a qualified expert be appointed
to examine him or her to determine prior to trial if a bonafide doubt as
to his or her fitness to stand trial may be raised, the court, in its discretion,
may order an appropriate examination. However, no order entered pursuant
to this subsection shall prevent further proceedings in the case. An expert
so appointed shall examine the defendant and make a report as provided in
Section 104-15. Upon the filing with the court of a verified statement
of services rendered, the court shall enter an order on the county board
to pay such expert a reasonable fee stated in the order.
(c) When a bonafide doubt of the defendant's fitness has been raised,
the burden of proving that the defendant is fit by a preponderance of the
evidence and the burden of going forward with the evidence are on the State.
However, the court may call its own witnesses and conduct its own inquiry.
(d) Following a finding of unfitness, the court may hear and rule on
any pretrial motion or motions if the defendant's presence is not essential
to a fair determination of the issues. A motion may be reheard upon a showing
that evidence is available which was not available, due to the defendant's
unfitness, when the motion was first decided.
(Source: P.A. 81-1217.)
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(725 ILCS 5/104-12) (from Ch. 38, par. 104-12)
Sec. 104-12.
Right to Jury.) The issue of the defendant's fitness may
be determined in the first instance by the court or by a jury. The defense
or the State may demand a jury or the court on its own motion may order
a jury. However, when the issue is raised after trial has begun or after
conviction but before sentencing, or when
the issue is to be redetermined under Section 104-20 or 104-27, the issue
shall be determined by the court.
(Source: P.A. 81-1217.)
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(725 ILCS 5/104-13) (from Ch. 38, par. 104-13)
Sec. 104-13. Fitness examination.
(a) When the issue of fitness involves
the defendant's mental condition, the court shall order an examination of
the defendant by one or more licensed physicians, clinical psychologists,
or psychiatrists chosen by the court. No physician, clinical
psychologist or psychiatrist employed by the Department of Human Services shall
be ordered to perform,
in his official capacity, an examination under this Section.
(b) If the issue of fitness involves the defendant's physical condition,
the court shall appoint one or more physicians and in addition, such other
experts as it may deem appropriate to examine the defendant and to report
to the court regarding the defendant's condition.
(c) An examination ordered under this Section shall be given at the place
designated by the person who will conduct the examination, except that if
the defendant is being held in custody, the examination shall take place
at such location as the court directs. No examinations under this
Section shall be ordered to take place at mental health or developmental
disabilities facilities operated by the Department of Human Services.
If the defendant fails to keep appointments
without reasonable cause or if the person conducting the examination reports
to the court that diagnosis requires hospitalization or extended observation,
the court may order the defendant admitted to an appropriate facility for
an examination, other than a screening examination, for not more than 7
days. The court may, upon a showing of good cause, grant an additional
7 days to complete the examination.
(d) Release on pretrial release or on recognizance shall not be revoked and an
application therefor shall not be denied on the grounds that an examination
has been ordered.
(e) Upon request by the defense and if the defendant is indigent, the
court may appoint, in addition to the expert or experts chosen pursuant to
subsection (a) of this Section, a qualified expert selected by the defendant
to examine him and to make a report as provided in Section 104-15. Upon
the filing with the court of a verified statement of services rendered, the
court shall enter an order on the county board to pay such expert a
reasonable fee stated in the order.
(Source: P.A. 101-652, eff. 1-1-23.)
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(725 ILCS 5/104-14) (from Ch. 38, par. 104-14)
Sec. 104-14.
Use of Statements Made During Examination or Treatment.)
(a) Statements made by the defendant and information gathered in the course
of any examination or treatment ordered under Section 104-13, 104-17 or
104-20 shall not be admissible against the defendant unless he raises the
defense of insanity or the defense of drugged or intoxicated condition,
in which case they shall be admissible only on the issue of whether he was
insane, drugged, or intoxicated. The refusal of the defendant to cooperate
in such examinations shall not 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.
(b) Except as provided in paragraph (a) of this Section, no statement
made by the defendant in the course of any examination or treatment ordered
under Section 104-13, 104-17 or 104-20 which relates to the crime charged
or to other criminal acts shall be disclosed by persons conducting the examination
or the treatment, except to members of the examining or treating team, without
the informed written consent of the defendant, who is competent at the time
of giving such consent.
(c) The court shall advise the defendant of the limitations on the use
of any statements made or information gathered in the course of the fitness
examination or subsequent treatment as provided in this Section. It shall
also advise him that he may refuse to cooperate with the person conducting
the examination, but that his refusal may be admissible into evidence on
the issue of his mental or physical condition.
(Source: P.A. 81-1217.)
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(725 ILCS 5/104-15) (from Ch. 38, par. 104-15)
Sec. 104-15. Report. (a) The person or persons conducting an examination
of the defendant, pursuant to paragraph (a) or (b) of Section 104-13 shall
submit a written report to the court, the State, and the defense within
30 days of the date of the order. The
report shall include:
(1) A diagnosis and an explanation as to how it was | ||
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(2) A description of the defendant's mental or | ||
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(b) If the report indicates that the defendant is not fit to stand trial
or to plead because of a disability, the report shall include an opinion
as to the likelihood of the defendant attaining fitness within a period of time from the date of the finding of unfitness if
provided with a course of treatment. For a defendant charged with a felony, the period of time shall be one year. For a defendant charged with a misdemeanor, the period of time shall be no longer than the maximum term of imprisonment for the most serious offense. If the person or persons preparing
the report are unable to form such an opinion, the report shall state the
reasons therefor. The report may include a general description of the
type of treatment needed and of the least physically restrictive form of
treatment therapeutically appropriate.
(c) The report shall indicate what information, if any, contained therein
may be harmful to the mental condition of the defendant if made known to him.
(d) In addition to the report, a person retained or appointed by the State or the defense to conduct an examination shall, upon written request, make his or her notes, other evaluations reviewed or relied upon by the testifying witness, and any videotaped interviews available to another examiner of the defendant. All forensic interviews conducted by a person retained or appointed by the State or the defense shall be videotaped unless doing so would be impractical. In the event that the interview is not videotaped, the examiner may still testify as to the person's fitness and the court may only consider the lack of compliance in according the weight and not the admissibility of the expert testimony. An examiner may use these materials as part of his or her diagnosis and explanation but shall not otherwise disclose the contents, including at a hearing before the court, except as otherwise provided in Section 104-14 of this Code. (Source: P.A. 100-424, eff. 1-1-18.)
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(725 ILCS 5/104-16) (from Ch. 38, par. 104-16)
Sec. 104-16.
Fitness Hearing.) (a) The court shall conduct a hearing
to determine the issue of the defendant's fitness within 45 days of receipt
of the final written report of the person or persons conducting the examination
or upon conclusion of the matter then pending before it, subject to continuances
allowed pursuant to Section 114-4 of this Act.
(b) Subject to the rules of evidence, matters admissible on the issue
of the defendant's fitness include, but are not limited to, the following:
(1) The defendant's knowledge and understanding of the charge, the
proceedings, the consequences of a plea, judgment or sentence, and the functions
of the participants in the trial process;
(2) The defendant's ability to observe, recollect and relate occurrences,
especially those concerning the incidents alleged, and to communicate with counsel;
(3) The defendant's social behavior and abilities; orientation as to time
and place; recognition of persons, places and things; and performance
of motor processes.
(c) The defendant has the right to be present at every hearing on the
issue of his fitness. The defendant's presence may be waived only if there
is filed with the court a certificate stating that the defendant is physically
unable to be present and the reasons therefor. The certificate shall be
signed by a licensed physician who, within 7 days, has examined the defendant.
(d) On the basis of the evidence before it, the court or jury shall determine
whether the defendant is fit to stand trial or to plead. If it finds that
the defendant is unfit, the court or the jury shall determine
whether there is substantial probability that the defendant, if provided
with a course of treatment, will attain fitness within one year. If the
court or the jury finds that there is not a substantial probability, the
court shall proceed as provided in Section 104-23. If such probability
is found or if the court or the jury is unable to determine whether a substantial
probability exists, the court shall order the defendant to undergo treatment
for the purpose of rendering him fit. In the event that a defendant is
ordered to undergo treatment when there has been no determination as to
the probability of his attaining fitness, the court shall conduct a hearing
as soon as possible following the receipt of the report filed pursuant to
paragraph (d) of Section 104-17, unless the hearing is waived by the defense,
and shall make a determination as to whether a substantial probability exists.
(e) An order finding the defendant unfit is a final order for purposes
of appeal by the State or the defendant.
(Source: P.A. 81-1217.)
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(725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
Sec. 104-17. Commitment for treatment; treatment plan.
(a) If the defendant
is eligible to be or has been released on pretrial release or on his own recognizance,
the court shall select the least physically restrictive form of treatment
therapeutically appropriate and consistent with the treatment plan. The placement may be ordered either on an inpatient or an outpatient basis.
(b) If the defendant's disability is mental, the court may order him placed
for secure treatment in the custody of the Department of Human Services, or the court may order him placed in
the custody of any other
appropriate public or private mental health facility or treatment program
which has agreed to provide treatment to the defendant. If the most serious charge faced by the defendant is a misdemeanor, the court shall order outpatient treatment, unless the court finds good cause on the record to order inpatient treatment. If the court orders the defendant to inpatient treatment in the custody of the Department of Human Services, the Department shall evaluate the defendant to determine the most appropriate secure facility to receive the defendant and, within 20 days of the transmittal by the clerk of the circuit court of the court's placement order, notify the court of the designated facility to receive the defendant. The Department shall admit the defendant to a secure facility within 60 days of the transmittal of the court's placement order, unless the Department can demonstrate good faith efforts at placement and a lack of bed and placement availability. If placement cannot be made within 60 days of the transmittal of the court's placement order and the Department has demonstrated good faith efforts at placement and a lack of bed and placement availability, the Department shall provide an update to the ordering court every 30 days until the defendant is placed. Once bed and placement availability is determined, the Department shall notify the sheriff who shall promptly transport the defendant to the designated facility. If the defendant
is placed in the custody of the Department of Human Services, the defendant shall be placed in a
secure setting. During
the period of time required to determine bed and placement availability at the designated facility, the
defendant shall remain in jail. If during the course of evaluating the defendant for placement, the Department of Human Services determines that the defendant is currently fit to stand trial, it shall immediately notify the court and shall submit a written report within 7 days. In that circumstance the placement shall be held pending a court hearing on the Department's report. Otherwise, upon completion of the placement process, including identifying bed and placement availability, the
sheriff shall be notified and shall transport the defendant to the designated
facility. If, within 60 days of the transmittal by the clerk of the circuit court of the court's placement order, the Department fails to provide the sheriff with notice of bed and placement availability at the designated facility, the sheriff shall contact the Department to inquire about when a placement will become available at the designated facility as well as bed and placement availability at other secure facilities. The Department shall respond to the sheriff within 2 business days of the notice and inquiry by the sheriff seeking the transfer and the Department shall provide the sheriff with the status of the evaluation, information on bed and placement availability, and an estimated date of admission for the defendant and any changes to that estimated date of admission. If the Department notifies the sheriff during the 2 business day period of a facility operated by the Department with placement availability, the sheriff shall promptly transport the defendant to that facility. The placement may be ordered either on an inpatient or an outpatient
basis.
(c) If the defendant's disability is physical, the court may order him
placed under the supervision of the Department of Human
Services
which shall place and maintain the defendant in a suitable treatment facility
or program, or the court may order him placed in an appropriate public or
private facility or treatment program which has agreed to provide treatment
to the defendant. The placement may be ordered either on an inpatient or
an outpatient basis.
(d) The clerk of the circuit court shall within 5 days of the entry of the order transmit to the Department, agency
or institution, if any, to which the defendant is remanded for treatment, the
following:
(1) a certified copy of the order to undergo | ||
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(2) the county and municipality in which the offense | ||
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(3) the county and municipality in which the arrest | ||
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(4) a copy of the arrest report, criminal charges, | ||
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(5) all additional matters which the Court directs | ||
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(e) Within 30 days of admission to the designated facility, the person
supervising the defendant's treatment shall file with the court, the State,
and the defense a report assessing the facility's or program's capacity
to provide appropriate treatment for the defendant and indicating his opinion
as to the probability of the defendant's attaining fitness within a period
of time from the date of the finding of unfitness. For a defendant charged with a felony, the period of time shall be one year. For a defendant charged with a misdemeanor, the period of time shall be no longer than the sentence if convicted of the most serious offense. If the report indicates
that there is a substantial probability that the defendant will attain fitness
within the time period, the treatment supervisor shall also file a treatment
plan which shall include:
(1) A diagnosis of the defendant's disability;
(2) A description of treatment goals with respect to | ||
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(3) An identification of the person in charge of | ||
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(Source: P.A. 101-652, eff. 1-1-23; 102-1118, eff. 1-18-23.)
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(725 ILCS 5/104-18) (from Ch. 38, par. 104-18)
Sec. 104-18. Progress reports. (a) The treatment supervisor shall submit
a written progress report to the court, the State, and the defense:
(1) At least 7 days prior to the date for any hearing | ||
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(2) Whenever he believes that the defendant has | ||
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(3) Whenever he believes that there is not a | ||
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(b) The progress report shall contain:
(1) The clinical findings of the treatment supervisor | ||
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(2) The opinion of the treatment supervisor as to | ||
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(3) If the defendant is receiving medication, | ||
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(c) Whenever the court is sent a report from the supervisor of the defendant's treatment under paragraph (2) of subsection (a) of this Section, the treatment provider shall arrange with the county jail for the immediate return of the defendant to the county jail under subsection (e) of Section 104-20 of this Code.(Source: P.A. 99-78, eff. 7-20-15; 100-27, eff. 1-1-18.)
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(725 ILCS 5/104-19) (from Ch. 38, par. 104-19)
Sec. 104-19.
Records.) Any report filed of record with the court concerning
diagnosis, treatment or treatment plans made pursuant to this Article shall
not be placed in the defendant's court record but shall be maintained separately
by the clerk of the court and shall be available only to the court or an
appellate court, the State and the defense, a facility or program which
is providing treatment to the defendant pursuant to an order of the court
or such other persons as the court may direct.
(Source: P.A. 81-1217.)
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(725 ILCS 5/104-20) (from Ch. 38, par. 104-20)
Sec. 104-20. Ninety-day hearings; continuing treatment.) (a) Upon entry
or continuation of any order to undergo treatment, the court shall set a
date for hearing to reexamine the issue of the defendant's fitness not more
than 90 days thereafter. In addition, whenever the court receives a report
from the supervisor of the defendant's treatment pursuant to subparagraph
(3) of paragraph (a) of Section 104-18, the court shall forthwith
set the matter for a first hearing within 14 days unless good cause is demonstrated why the hearing cannot be held. On the date set or upon conclusion of the matter
then pending before it, the court, sitting without a jury, shall conduct
a hearing, unless waived by the defense, and shall determine:
(1) Whether the defendant is fit to stand trial or to | ||
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(2) Whether the defendant is making progress under | ||
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(b) If the court finds the defendant to be fit pursuant to this Section,
the court shall set the matter for trial; provided that if the defendant
is in need of continued care or treatment and the supervisor of the defendant's
treatment agrees to continue to provide it, the court may enter any order
it deems appropriate for the continued care or treatment of the defendant
by the facility or program pending the conclusion of the criminal proceedings.
(c) If the court finds that the defendant is still unfit but that he is
making progress toward attaining fitness, the court may continue or modify
its original treatment order entered pursuant to Section 104-17.
(d) If the court finds that the defendant is still unfit and that he is
not making progress toward attaining fitness such that there is not a
substantial probability that he will attain fitness within the time period set in subsection (e) of Section 104-17 of this Code from
the date of the original finding of unfitness, the court shall proceed pursuant
to Section 104-23. However, if the defendant is in need of continued care
and treatment and the supervisor of the defendant's treatment agrees to
continue to provide it, the court may enter any order it deems appropriate
for the continued care or treatment by the facility or program pending the
conclusion of the criminal proceedings.
(e) Whenever the court receives a report from the supervisor of the defendant's treatment under paragraph (2) of subsection (a) of Section 104-18 of this Code, the court shall immediately enter an order directing the sheriff to return the defendant to the county jail and set the matter for trial. At any time the issue of the defendant's fitness can be raised again under Section 104-11 of this Code. If the court finds that the defendant is still unfit after being recommended as fit by the supervisor of the defendant's treatment, the court shall attach a copy of any written report that identifies the factors in the finding that the defendant continues to be unfit, prepared by a licensed physician, clinical psychologist, or psychiatrist, to the court order remanding the person for further treatment. (Source: P.A. 99-140, eff. 1-1-16; 100-27, eff. 1-1-18.)
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(725 ILCS 5/104-21) (from Ch. 38, par. 104-21)
Sec. 104-21. Medication.
(a) A defendant who is receiving psychotropic drugs
shall not be presumed to be unfit to stand trial
solely by virtue of the receipt of those drugs or medications.
(b) Whenever a defendant who is receiving medication under medical direction
is transferred between a place of custody and a treatment facility or program,
a written report from the prescribing physician shall accompany the defendant.
The report shall state the type and dosage of the defendant's medication
and the duration of the prescription. The chief officer of the place of
custody or the treatment supervisor at the facility or program shall insure
that such medication is provided according to the directions of the prescribing
physician or until superseded by order of a physician who has examined the
defendant.
(c) If a defendant refuses psychotropic medication, it may be administered over the defendant's objections in accord with the Mental Health and Developmental Disabilities Code. If court authorized medications are sought, the petition, prepared in accord with Section 2-107.1 of the Mental Health and Developmental Disabilities Code may be filed in the county where the defendant is located or with the court having jurisdiction over the defendant. (Source: P.A. 98-1025, eff. 8-22-14.)
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(725 ILCS 5/104-22) (from Ch. 38, par. 104-22)
Sec. 104-22.
Trial with special provisions and assistance.)
(a) On motion of the defendant, the State or on the court's own motion,
the court shall determine whether special provisions or assistance will
render the defendant fit to stand trial as defined in Section 104-10.
(b) Such special provisions or assistance may include but are not limited to:
(1) Appointment of qualified translators who shall simultaneously translate
all testimony at trial into language understood by the defendant.
(2) Appointment of experts qualified to assist a defendant who because
of a disability is unable to understand the proceedings or communicate with
his or her attorney.
(c) The case may proceed to trial only if the court determines that such
provisions or assistance compensate for a defendant's disabilities so as
to render the defendant fit as defined in Section 104-10.
In such cases the court shall state for the record the following:
(1) The qualifications and experience of the experts or other persons
appointed to provide special assistance to the defendant;
(2) The court's reasons for selecting or appointing the particular experts
or other persons to provide the special assistance to the defendant;
(3) How the appointment of the particular expert or other persons will
serve the goal of rendering the defendant fit in view of the appointee's
qualifications and experience, taken in conjunction with the particular
disabilities of the defendant; and
(4) Any other factors considered by the court in appointing that individual.
(Source: P.A. 81-1217.)
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(725 ILCS 5/104-23) (from Ch. 38, par. 104-23)
Sec. 104-23. Unfit defendants. Cases involving an unfit defendant who
demands a discharge hearing or a defendant who cannot become fit to stand
trial and for whom no special provisions or assistance can compensate for
his disability and render him fit shall proceed in the following manner:
(a) Upon a determination that there is not a substantial probability
that the defendant will attain fitness within the time period set in subsection (e) of Section 104-17 of this Code from the original
finding of unfitness, the court shall hold a discharge hearing within 60 days, unless good cause is shown for the delay.
(b) If at any time the court determines that there is not a substantial
probability that the defendant will become fit to stand trial or to plead
within the time period set in subsection (e) of Section 104-17 of this Code from the date of the original finding of unfitness,
or if at the end of the time period set in subsection (e) of Section 104-17 of this Code from that date the court finds the defendant
still unfit and for whom no special provisions or assistance can compensate
for his disabilities and render him fit, the State shall request the court:
(1) To set the matter for hearing pursuant to Section | ||
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(2) To release the defendant from custody and to | ||
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(3) To remand the defendant to the custody of the | ||
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(c) If the defendant is restored to fitness and the original charges
against him are reinstated, the speedy trial provisions of Section 103-5
shall commence to run.
(Source: P.A. 102-1118, eff. 1-18-23.)
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(725 ILCS 5/104-24) (from Ch. 38, par. 104-24)
Sec. 104-24.
Time Credit.
Time spent in custody pursuant to orders
issued under Section 104-17 or 104-20 or pursuant to a commitment to the
Department of Human Services following a finding
of unfitness or incompetency under prior law, shall be credited against
any sentence imposed on the defendant in the pending criminal case or in
any other case arising out of the same conduct.
(Source: P.A. 89-507, eff. 7-1-97.)
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(725 ILCS 5/104-25) (from Ch. 38, par. 104-25)
Sec. 104-25. Discharge hearing.
(a) As provided for in paragraph (a)
of Section 104-23 and subparagraph (1) of paragraph (b) of Section 104-23
a hearing to determine the sufficiency of the evidence shall be held. Such
hearing shall be conducted by the court without a jury. The State and the
defendant may introduce evidence relevant to the question of defendant's
guilt of the crime charged.
The court may admit hearsay or affidavit evidence on secondary matters
such as testimony to establish the chain of possession of physical evidence,
laboratory reports, authentication of transcripts taken by official reporters,
court and business records, and public documents.
(b) If the evidence does not prove the defendant guilty beyond a reasonable
doubt, the court shall enter a judgment of acquittal; however nothing herein
shall prevent the State from requesting the court to commit the defendant to
the Department of Human Services under the provisions of the Mental Health and
Developmental
Disabilities Code.
(c) If the defendant is found not guilty by reason of insanity, the court
shall enter a judgment of acquittal and the proceedings after acquittal
by reason of insanity under Section 5-2-4 of the Unified Code of Corrections
shall apply.
(d) If the discharge hearing does not result in an acquittal of the charge
the defendant may be remanded for further treatment and the one year time
limit set forth in Section 104-23 shall be extended as follows:
(1) If the most serious charge upon which the State | ||
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(2) If the State sustained its burden of proof on a | ||
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(e) Transcripts of testimony taken at a discharge hearing may be admitted
in evidence at a subsequent trial of the case, subject to the rules of
evidence,
if the witness who gave such testimony is legally unavailable at the time
of the subsequent trial.
(f) If the court fails to enter an order of acquittal the defendant may
appeal from such judgment in the same manner provided for an appeal from
a conviction in a criminal case.
(g) At the expiration of an extended period of treatment ordered pursuant
to this Section:
(1) Upon a finding that the defendant is fit or can | ||
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(2) If the defendant continues to be unfit to stand | ||
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If the defendant does not have a current treatment | ||
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Every 90 days after the initial admission under this | ||
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The court on its own motion may order a hearing to | ||
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If, during the period within which the defendant is | ||
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(i) 180 days after a defendant is remanded to the | ||
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(A) subject to involuntary admission; or
(B) in need of mental health services in the | ||
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(C) in need of mental health services but not | ||
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The findings of the court shall be established by | ||
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(ii) The terms "subject to involuntary | ||
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(3) If the defendant is not committed pursuant to | ||
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(4) In no event may the treatment period be extended | ||
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(Source: P.A. 95-1052, eff. 7-1-09.)
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(725 ILCS 5/104-26) (from Ch. 38, par. 104-26)
(Text of Section before amendment by P.A. 103-51) Sec. 104-26. Disposition of Defendants suffering disabilities.
(a) A defendant convicted following a trial conducted under the provisions
of Section 104-22 shall not be sentenced before a written presentence report of
investigation is presented to and considered by the court. The presentence
report shall be prepared pursuant to Sections 5-3-2, 5-3-3 and 5-3-4 of
the Unified Code of Corrections, as now or hereafter amended, and shall
include a physical and mental examination unless the court finds that the
reports of prior physical and mental examinations conducted pursuant to
this Article are adequate and recent enough so that additional examinations
would be unnecessary.
(b) A defendant convicted following a trial under Section 104-22 shall
not be subject to the death penalty.
(c) A defendant convicted following a trial under Section 104-22 shall
be sentenced according to
the procedures and dispositions authorized under the Unified Code of
Corrections,
as now or hereafter amended, subject to the following provisions:
(1) The court shall not impose a sentence of | ||
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(2) After imposing a sentence of imprisonment upon an | ||
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(3) If the court imposes a sentence of imprisonment | ||
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(3.5) If the court imposes a sentence of | ||
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(4) If the court imposes a sentence of imprisonment | ||
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(5) When an offender is placed with the Department of | ||
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(6) The Department of Corrections shall notify the | ||
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(Source: P.A. 102-538, eff. 8-20-21.) (Text of Section after amendment by P.A. 103-51) Sec. 104-26. Disposition of Defendants suffering disabilities.
(a) A defendant convicted following a trial conducted under the provisions
of Section 104-22 shall not be sentenced before a written presentence report of
investigation is presented to and considered by the court. The presentence
report shall be prepared pursuant to Sections 5-3-2, 5-3-3 and 5-3-4 of
the Unified Code of Corrections, as now or hereafter amended, and shall
include a physical and mental examination unless the court finds that the
reports of prior physical and mental examinations conducted pursuant to
this Article are adequate and recent enough so that additional examinations
would be unnecessary.
(b) (Blank).
(c) A defendant convicted following a trial under Section 104-22 shall
be sentenced according to
the procedures and dispositions authorized under the Unified Code of
Corrections,
as now or hereafter amended, subject to the following provisions:
(1) The court shall not impose a sentence of | ||
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(2) After imposing a sentence of imprisonment upon an | ||
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(3) If the court imposes a sentence of imprisonment | ||
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(3.5) If the court imposes a sentence of | ||
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(4) If the court imposes a sentence of imprisonment | ||
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(5) When an offender is placed with the Department of | ||
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(6) The Department of Corrections shall notify the | ||
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(Source: P.A. 102-538, eff. 8-20-21; 103-51, eff. 1-1-24.)
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(725 ILCS 5/104-27) (from Ch. 38, par. 104-27)
Sec. 104-27.
Defendants Found Unfit Prior to this Article; Reports;
Appointment of Counsel.
(a) Within 180 days after the effective date of
this Article, the Department of Mental Health and
Developmental Disabilities (predecessor of the Department of Human
Services)
shall compile a report on each defendant under its custody who was found
unfit or incompetent to stand trial or to be sentenced prior to the effective
date of this Article. Each report shall include the defendant's name,
indictment and warrant numbers, the county of his commitment, the length of
time he has been hospitalized, the date of his last fitness hearing, and a
report on his present status as provided in Section 104-18.
(b) The reports shall be forwarded to the Supreme Court which shall
distribute copies thereof to the chief judge
of the court in which the criminal charges were originally filed, to the
state's attorney and the public defender of the same county, and to the
defendant's attorney of record, if any. Notice that the report has been
delivered shall be given to the defendant.
(c) Upon receipt of the report, the chief judge shall appoint the public
defender or other counsel for each defendant who is not represented by
counsel and who is indigent pursuant to Section 113-3 of this Act, as now
or hereafter amended. The court shall provide the defendant's counsel with
a copy of the report.
(Source: P.A. 89-507, eff. 7-1-97.)
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(725 ILCS 5/104-28) (from Ch. 38, par. 104-28)
Sec. 104-28.
Disposition of Defendants Found Unfit Prior to this Article.
(a) Upon reviewing the report, the court shall determine whether the
defendant
has been in the custody of the Department of Mental Health and Developmental
Disabilities (now the Department of Human Services) for a period of time
equal to the length of time that the defendant
would have been required to serve, less good time, before becoming eligible
for parole or mandatory supervised release had he been convicted of the
most serious offense charged and had he received the maximum sentence
therefor. If the court so finds, it shall dismiss the charges against the
defendant, with leave to reinstate. If the defendant has not been committed
pursuant to the Mental Health and Developmental Disabilities Code, the court
shall order him discharged or shall order a hearing to be conducted
forthwith pursuant to the provisions of the Code. If the defendant was
committed pursuant to the Code, he shall continue to be treated pursuant
to his commitment order and shall be considered a civilly committed patient
for all purposes including discharge.
(b) If the court finds that a defendant has been in the custody of the
Department of Mental Health and Developmental Disabilities (now the
Department of Human Services) for a period
less than that specified in paragraph (a) of this Section, the court shall
conduct a hearing pursuant to Section 104-20 forthwith to redetermine the
issue of the defendant's fitness to stand trial or to plead. If the defendant
is fit, the matter shall be set for trial. If the court finds that the
defendant is unfit, it shall proceed pursuant to Section 104-20 or 104-23,
provided that a defendant who is still unfit and who has been in the custody
of the Department of Mental Health and Developmental Disabilities (now the
Department of Human Services) for a
period of more than one year from the date of the finding of unfitness shall
be immediately subject to the provisions of Section 104-23.
(Source: P.A. 89-507, eff. 7-1-97.)
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(725 ILCS 5/104-29) (from Ch. 38, par. 104-29)
Sec. 104-29.
In the event of any conflict between this Article and the
"Mental Health and Developmental Disabilities Code", the provisions of
this Article shall govern.
(Source: P.A. 81-1217.)
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(725 ILCS 5/104-30) (from Ch. 38, par. 104-30)
Sec. 104-30.
Notice to Law Enforcement Agencies Regarding Release of
Defendants.
(a) Prior to the release by the Department of Human Services of any person
admitted pursuant to any provision of this Article,
the
Department of Human Services shall give written notice to the Sheriff of the
county from which
the defendant was admitted. In cases where the arrest of the defendant
or the commission of the offense took place in any municipality with a
population
of more than 25,000 persons, the Department of Human Services shall also give
written
notice to the proper law enforcement agency for said municipality, provided
the municipality has requested such notice in writing.
(b) Where a defendant in the custody of the Department of Human Services under any provision of this Article is released pursuant to an order
of
court, the clerk of the circuit court shall, after the entry of the order,
transmit a certified copy of the order of release to the Department of Human
Services
and the Sheriff of the county from which the defendant was admitted. In
cases where the arrest of the defendant or the commission of the offense
took place in any municipality with a population of more than 25,000 persons,
the Clerk of the circuit court shall also send a certified copy of the order
of release to the proper law enforcement agency for said municipality provided
the municipality has requested such notice in writing.
(Source: P.A. 89-507, eff. 7-1-97.)
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(725 ILCS 5/104-31) (from Ch. 38, par. 104-31)
Sec. 104-31. No defendant placed in a setting of the Department of
Human Services pursuant to
the provisions of Sections 104-17, 104-25, or 104-26 shall be permitted outside
the facility's
housing unit unless escorted or accompanied by personnel of the Department of
Human Services or authorized by court order.
Any defendant,
transported to court hearings or other necessary appointments
off facility grounds
by personnel of
the Department of Human Services, may be
placed in security devices
or otherwise secured during the period of transportation to assure
secure transport of the defendant and the safety of Department
of Human Services personnel and others. These security measures
shall not constitute restraint as defined in the Mental Health and
Developmental Disabilities Code.
Nor shall
any defendant
be permitted any off-grounds privileges, either with or without escort by
personnel of the Department of Human Services or
any unsupervised on-ground privileges, unless such off-grounds or
unsupervised on-grounds privileges have been approved by specific court
order, which order may include such conditions on the defendant as the
court may deem appropriate and necessary to reasonably assure the
defendant's satisfactory progress in treatment and the safety of the defendant
or others. Whenever the court receives a report from the supervisor of the defendant's treatment recommending the defendant for any off-grounds or unsupervised on-grounds privileges, the court shall set the matter for a first hearing within 21 days unless good cause is demonstrated why the hearing cannot be held.
The changes made to this Section by
this amendatory Act of the 96th General Assembly are declarative of existing
law and shall not be construed as a new enactment.
(Source: P.A. 98-1025, eff. 8-22-14.)
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(725 ILCS 5/Art. 106 heading) ARTICLE 106.
WITNESS
IMMUNITY
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(725 ILCS 5/106-1) (from Ch. 38, par. 106-1)
Sec. 106-1.
Granting of immunity.)
In any investigation before a Grand Jury, or trial in any court, the court
on motion of the State may order that any material
witness be released from all liability to be prosecuted or punished on
account of any testimony or other evidence he may be required to produce.
(Source: P.A. 79-1360.)
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(725 ILCS 5/106-2) (from Ch. 38, par. 106-2)
Sec. 106-2.
Effect of immunity.
Such order of immunity shall forever be a bar to prosecution against the
witness for any offense shown in whole or in part by such testimony or
other evidence except for perjury committed in the giving of such
testimony.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/106-2.5) (from Ch. 38, par. 106-2.5)
Sec. 106-2.5.
Use immunity.
(a) In lieu of the immunity provided in Section 106-2 of this Code, the
State's Attorney may make application to the court that a street gang
member, who testifies on behalf of a public authority in a civil proceeding
brought against a streetgang under the Illinois Streetgang Terrorism
Omnibus Prevention Act, be granted immunity from prosecution in a criminal
case as to any information directly or indirectly derived from the
production of evidence by the streetgang member. The court shall grant
the order of immunity if:
(1) the production of the evidence is necessary to a | ||
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(2) the streetgang member has refused or is likely to | ||
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(b) In lieu of the immunity provided in Section 106-2 of this Code, in any
investigation before a Grand Jury, or trial in any court, the court on motion
of the State shall order that a witness be granted immunity from prosecution in
a criminal case as to any information directly or indirectly derived from the
production of evidence from the witness if the witness has refused or is likely to refuse to produce the
evidence
on the basis of his or her privilege against self-incrimination.
(c) The production of evidence so compelled under the order, and any
information directly or indirectly derived from it, may not be used against
the witness in a criminal case, except in a prosecution for perjury, false
swearing, or an offense otherwise involving a failure to comply with the order.
An order of immunity granted under this Section does not bar prosecution of the
witness, except as specifically provided in this Section.
(d) Upon request of the witness so compelled, a copy of the
evidence produced under the order shall be furnished to him or her.
(Source: P.A. 87-932; 88-241; 88-677, eff. 12-15-94.)
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(725 ILCS 5/106-3) (from Ch. 38, par. 106-3)
Sec. 106-3.
Refusal to testify.
Any witness who having been granted immunity refuses to testify or
produce other evidence shall be in contempt of court subject to proceedings
in accordance to law.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/Art. 106B heading) ARTICLE 106B. VICTIMS OF SEXUAL ABUSE: CHILDREN AND PERSONS WITH DEVELOPMENTAL DISABILITIES
(Source: P.A. 99-143, eff. 7-27-15.) |
(725 ILCS 5/106B-1) (from Ch. 38, par. 106B-1)
Sec. 106B-1.
(Repealed).
(Source: Repealed by P.A. 88-674, eff. 12-14-94.)
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(725 ILCS 5/106B-5)
(Text of Section before amendment by P.A. 103-164)
Sec. 106B-5. Testimony by a victim who is a child or a
person with a moderate, severe, or profound intellectual disability or a person affected by a developmental disability.
(a) In a proceeding in the prosecution of an offense
of criminal sexual assault, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, criminal
sexual abuse, aggravated criminal sexual abuse, aggravated battery, or aggravated domestic battery, a court may order that
the testimony of a victim who is a child under
the age of 18 years or a person with a moderate, severe, or profound intellectual disability or a person affected by a developmental disability be taken outside
the courtroom and shown in the courtroom by means of a closed
circuit television if:
(1) the testimony is taken during the proceeding; and
(2) the judge determines that testimony by the child | ||
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(b) Only the prosecuting attorney, the attorney for the
defendant, and the judge may question the child or person with a moderate, severe, or profound intellectual disability or person affected by a developmental disability.
(c) The operators of the closed circuit television shall make every
effort to be unobtrusive.
(d) Only the following persons may be in the room with
the child or person with a moderate, severe, or profound intellectual disability or person affected by a developmental disability
when the child or person with a moderate, severe, or profound intellectual disability or person affected by a developmental disability testifies by closed circuit
television:
(1) the prosecuting attorney;
(2) the attorney for the defendant;
(3) the judge;
(4) the operators of the closed circuit television | ||
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(5) any person or persons whose presence, in the | ||
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(e) During the child's or person with a moderate, severe, or profound intellectual disability or person affected by a developmental disability's testimony by closed circuit television, the
defendant shall be in the courtroom and shall not communicate with the jury
if the cause is being heard before a jury.
(f) The defendant shall be allowed to communicate with
the persons in the room where the child or person with a moderate, severe, or profound intellectual disability
or person affected by a developmental disability is testifying by any appropriate electronic method.
(g) The provisions of this Section do not apply if the defendant
represents himself pro se.
(h) This Section may not be interpreted to preclude, for purposes of
identification of a defendant, the presence of both the victim and the
defendant in the courtroom at the same time.
(i) This Section applies to prosecutions pending on or commenced on or after
the effective date of this amendatory Act of 1994.
(j) For the purposes of this Section, "developmental disability" includes, but is not limited to, cerebral palsy, epilepsy, and autism. (Source: P.A. 99-143, eff. 7-27-15; 99-630, eff. 1-1-17.)
(Text of Section after amendment by P.A. 103-164)
Sec. 106B-5. Testimony by a victim who is a child or a
person with a moderate, severe, or profound intellectual disability or a person affected by a developmental disability.
(a) In a proceeding in the prosecution of an offense
of criminal sexual assault, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, criminal
sexual abuse, aggravated criminal sexual abuse, aggravated battery, or aggravated domestic battery, a court may order that
the testimony of a victim who is a child under
the age of 18 years or a person with a moderate, severe, or profound intellectual disability or a person affected by a developmental disability be taken outside
the courtroom and shown in the courtroom by means of a closed
circuit television if:
(1) the testimony is taken during the proceeding; and
(2) the judge determines that testimony by the child | ||
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(b) Only the prosecuting attorney, the attorney for the
defendant, and the judge may question the child or person with a moderate, severe, or profound intellectual disability or person affected by a developmental disability.
(c) The operators of the closed circuit television shall make every
effort to be unobtrusive.
(d) Only the following persons may be in the room with
the child or person with a moderate, severe, or profound intellectual disability or person affected by a developmental disability
when the child or person with a moderate, severe, or profound intellectual disability or person affected by a developmental disability testifies by closed circuit
television:
(1) the prosecuting attorney;
(2) the attorney for the defendant;
(3) the judge;
(4) the operators of the closed circuit television | ||
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(5) any person or persons whose presence, in the | ||
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(e) During the child's or person with a moderate, severe, or profound intellectual disability or person affected by a developmental disability's testimony by closed circuit television, the
defendant shall be in the courtroom and shall not communicate with the jury
if the cause is being heard before a jury.
(f) The defendant shall be allowed to communicate with
the persons in the room where the child or person with a moderate, severe, or profound intellectual disability
or person affected by a developmental disability is testifying by any appropriate electronic method.
(f-5) There is a rebuttable presumption that the testimony of a victim who is a child under 13 years of age shall testify outside the courtroom and the child's testimony shall be shown in the courtroom by means of a closed circuit television.
This presumption may be overcome if the defendant can prove by clear and convincing evidence that the child victim will not suffer severe emotional distress. (f-6) Before the court permits the testimony of a victim outside the courtroom that is to be shown in the courtroom by means of a closed circuit television, the court must make a finding that the testimony by means of closed circuit television does not prejudice the defendant. (g) The provisions of this Section do not apply if the defendant
represents himself pro se.
(h) This Section may not be interpreted to preclude, for purposes of
identification of a defendant, the presence of both the victim and the
defendant in the courtroom at the same time.
(i) This Section applies to prosecutions pending on or commenced on or after
the effective date of this amendatory Act of 1994.
(j) For the purposes of this Section, "developmental disability" includes, but is not limited to, cerebral palsy, epilepsy, and autism. (Source: P.A. 103-164, eff. 1-1-24.)
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(725 ILCS 5/106B-10) Sec. 106B-10. Conditions for testimony by a victim who is a child or a moderately, severely, or profoundly intellectually disabled person or a person affected by a developmental disability. In a prosecution of criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse, or any violent crime as defined in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act, the court may set any conditions it finds just and appropriate on the taking of testimony of a victim who is a child under the age of 18 years or a moderately, severely, or profoundly intellectually disabled person or a person affected by a developmental disability, involving the use of a facility dog in any proceeding involving that offense. When deciding whether to permit the child or person to testify with the assistance of a facility dog, the court shall take into consideration the age of the child or person, the rights of the parties to the litigation, and any other relevant factor that would facilitate the testimony by the child or the person. As used in this Section, "facility dog" means a dog that is a graduate of an assistance dog organization that is a member of Assistance Dogs International.
(Source: P.A. 102-22, eff. 6-25-21.) |
(725 ILCS 5/Art. 106C heading) ARTICLE 106C.
(Repealed)
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(725 ILCS 5/106C-1) (from Ch. 38, par. 106C-1)
Sec. 106C-1.
(Repealed).
(Source: Repealed by P.A. 88-241.)
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(725 ILCS 5/106C-2) (from Ch. 38, par. 106C-2)
Sec. 106C-2.
(Repealed).
(Source: Repealed by P.A. 88-241.)
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(725 ILCS 5/Art. 106D heading) ARTICLE 106D.
CLOSED CIRCUIT
TELEVISION TESTIMONY
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(725 ILCS 5/106D-1)
Sec. 106D-1. Defendant's appearance by two-way audio-visual communication system.
(a) Whenever the appearance in person in court, in either a civil or criminal proceeding, is required of anyone held in a place of custody or confinement operated by the State or any of its political subdivisions, including counties and municipalities, the chief judge of the circuit by rule may permit the personal appearance to be made by means of a two-way audio-visual communication system, including closed circuit television and computerized video conference, in the following proceedings: (1) the initial appearance before a judge on a | ||
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(2) the waiver of a preliminary hearing; (3) the arraignment on an information or indictment | ||
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(4) the presentation of a jury waiver; (5) any status hearing; (6) any hearing conducted under the Sexually Violent | ||
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(7) at any hearing at which no witness testimony will | ||
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(A) Section 104-20 of this Code (90-day hearings); (B) Section 104-22 of this Code (trial with | ||
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(C) Section 104-25 of this Code (discharge | ||
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(D) Section 5-2-4 of the Unified Code of | ||
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(b) The two-way audio-visual communication facilities must provide two-way audio-visual communication between the court and the place of custody or confinement, and must include a secure line over which the person in custody and his or her counsel, if any, may communicate. (c) Nothing in this Section shall be construed to prohibit other court appearances through the use of a two-way audio-visual communication system if the person in custody or confinement waives the right to be present physically in court, the court determines that the physical health and safety of any person necessary to the proceedings would be endangered by appearing in court, or the chief judge of the circuit orders use of that system due to operational challenges in conducting the hearing in person. Such operational challenges must be documented and approved by the chief judge of the circuit, and a plan to address the challenges through reasonable efforts must be presented and approved by the Administrative Office of the Illinois Courts every 6 months. (d) Nothing in this Section shall be construed to establish a right of any person held in custody or confinement to appear in court through a two-way audio-visual communication system or to require that any governmental entity, or place of custody or confinement, provide a two-way audio-visual communication system.
(Source: P.A. 101-652, eff. 1-1-23; 102-486, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1104, eff. 1-1-23.) |
(725 ILCS 5/106D-5) Sec. 106D-5. Pilot project; reporting. (a) Subject to appropriation, the Department of Human Services and the Administrative Office of the Illinois Courts shall implement a pilot project between the circuit courts in 2 counties and Department of Human Services facilities treating persons unfit to stand trial or not guilty by reason of insanity. (b) The purpose of the pilot project is to determine the feasibility and desirability of using video conference technology for hearings involving persons who are unfit to stand trial and persons who have been determined not guilty by reason of insanity. The Department of Human Services and the Administrative Office of the Illinois Courts shall review the video conference technology and develop guidelines for the specific technology, means of private conferencing between the defendant and his or her attorney during the hearings, and any specific determinations that are not suitable for video conference hearings. The Department of Human Services and the Administrative Office of the Illinois Courts shall submit a joint report to the General Assembly 6 months after the pilot project between the 2 counties and Department facilities has been operational for at least 2 years. Individual defendants, State's Attorneys, defense attorneys, and other personnel may submit comments to be considered in preparing the joint report. Presiding judges may submit comments to either the Department of Human Services or to the Administrative Office of the Illinois Courts. All comments submitted only to the Administrative Office of the Illinois Courts shall be confidential and also may contain the reporting judge's observations, comments, or recommendations. The reports shall: (1) evaluate the effectiveness of the video | ||
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(2) make recommendations concerning the | ||
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(c) The Department of Human Services shall provide all necessary administrative support for the pilot project.
(Source: P.A. 102-486, eff. 8-20-21.) |
(725 ILCS 5/Art. 106E heading) ARTICLE 106E.
TASK FORCE ON PROFESSIONAL
PRACTICE IN THE ILLINOIS JUSTICE SYSTEMS
(Repealed internally, eff. 12-31-00.)
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(725 ILCS 5/106E-5)
Sec. 106E-5.
(Repealed).
(Source: P.A. 91-577, eff. 8-14-99. Repealed by Section 106E-15, eff.
12-31-00.)
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(725 ILCS 5/106E-10)
Sec. 106E-10.
(Repealed).
(Source: P.A. 91-577, eff. 8-14-99. Repealed by Section 106E-15, eff.
12-31-00.)
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(725 ILCS 5/106E-15)
Sec. 106E-15.
(Repealed).
(Source: P.A. 91-577, eff. 8-14-99. Repealed internally, eff. 12-31-00.)
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(725 ILCS 5/Art. 106F heading) ARTICLE 106F. CHILDREN OF INCARCERATED PARENTS TASK FORCE
(Source: P.A. 101-480, eff. 8-23-19.) |
(725 ILCS 5/Art. 106G heading) ARTICLE 106G. COMMISSION ON CHILDREN OF INCARCERATED PARENTS
(Source: P.A. 102-814, eff. 1-1-23.)
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(725 ILCS 5/106G-5) Sec. 106G-5. Commission on Children of Incarcerated Parents created. (a) The Commission on Children of Incarcerated Parents, hereinafter referred to as the Commission, is created within the Department of Human Services and shall reflect the diversity of the State of Illinois, including geographic, racial and ethnic diversity and diversity of life experience. The Commission shall be
responsible for implementing and coordinating the recommendations of the Task Force on Children of Incarcerated Parents. (b) No later than 90 days after the effective date of this amendatory Act of the 102nd General Assembly, the following representatives from relevant stakeholder groups shall be appointed to the Commission by the Lieutenant Governor unless otherwise stated: (1) one female who has previously been incarcerated | ||
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(2) two individuals who have been directly impacted | ||
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(3) three representatives from community-based | ||
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(4) one individual who has been directly impacted by | ||
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(5) the Lieutenant Governor, or his or her designee; (6) the Secretary of Human Services, or his or her | ||
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(7) the Director of Children and Family Services, or | ||
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(8) the Cook County Public Guardian, or his or her | ||
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(9) the Director of Juvenile Justice, or his or her | ||
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(10) the Director of Corrections, or his or her | ||
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(11) the President of the Illinois Sheriffs' | ||
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(12) the Cook County Sheriff, or his or her designee; (13) the Director of the Illinois State Police, or | ||
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(14) the Chief of the Chicago Police Department, or | ||
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(15) the Executive Director of the Illinois Law | ||
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(16) the Attorney General, or his or her designee; (17) one member who represents the court system; (18) one member from an organization that facilitates | ||
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(19) one member who is a researcher or member of an | ||
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(20) one member who represents an organization with | ||
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(21) one male who has previously been incarcerated | ||
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(c) In this Section, "an individual who has been directly impacted by policies relating to children of incarcerated parents" means a person who has been convicted of, adjudicated, or pled guilty to, one or more felonies, who was sentenced to a term of imprisonment, and who has been separated from his or her children as a result of imprisonment. (d) Commission members shall serve without compensation. The term of a member of the Commission, other than a member listed under paragraphs (5) through (16) of subsection (b), shall expire 4 years after the date of the member's appointment. (e) Once all its members have been appointed as provided in this Section, the Commission may exercise any power, perform any function, or take any action in furtherance of its purposes and goals. The Commission shall: (1) meet at least 4 times per year beginning within | ||
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(2) identify resources, strategies, and legislative | ||
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(3) develop a strategic plan that outlines specific | ||
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(4) deliver an annual report to the General Assembly | ||
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(f) The General Assembly may appropriate funds to the Department of Human Services for the purpose of funding the work of the Commission or services provided under this Section.
(Source: P.A. 102-814, eff. 1-1-23.) |