(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) 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) 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)
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)
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.) |
(725 ILCS 5/Tit. II heading) TITLE II.
APPREHENSION AND INVESTIGATION
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(725 ILCS 5/Art. 107 heading) ARTICLE 107.
ARREST
|
(725 ILCS 5/107-1) (from Ch. 38, par. 107-1)
Sec. 107-1.
Definitions.
(a) A "warrant of arrest" is a written order from a court directed to a
peace officer, or to some other person specifically named, commanding him
to arrest a person.
(b) A "summons" is a written order issued by a court which commands a
person to appear before a court at a stated time and place.
(c) A "notice to appear" is a written request issued by a peace officer
that a person appear before a court at a stated time and place.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/107-2) (from Ch. 38, par. 107-2)
Sec. 107-2. Arrest by peace officer. (1) A peace officer may
arrest a person when:
(a) He has a warrant commanding that such person be | ||
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(b) He has reasonable grounds to believe that a | ||
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(c) He has reasonable grounds to believe that the | ||
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(2) Whenever a peace officer arrests a person, the officer shall question
the arrestee as to whether he or she has any children under the age of 18
living with him or her who may be neglected as a result of the arrest or
otherwise. The peace officer shall assist the arrestee in the placement of
the children with a relative or other responsible person designated by the
arrestee. If the peace officer has reasonable cause to believe that a child
may be a neglected child as defined in the Abused and Neglected Child
Reporting Act, he shall report it immediately to the Department of Children
and Family Services as provided in that Act.
(3) A peace officer who executes a warrant of arrest in good faith
beyond the geographical limitation of the warrant shall not be liable for
false arrest.
(4) Whenever a peace officer is aware of a warrant of arrest issued by a circuit court of this State for a person and the peace officer has contact with the person because the person is requesting or receiving emergency medical assistance or medical forensic services for sexual assault at a medical facility, if the warrant of arrest is not for a forcible felony as defined in Section 2-8 of the Criminal Code of 2012, a violent crime as defined in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act, or an alleged violation of parole or mandatory supervised release, the peace officer shall contact the prosecuting authority of the jurisdiction issuing the warrant, or if that prosecutor is not available, the prosecuting authority for the jurisdiction that covers the medical facility to request waiver of the prompt execution of the warrant. The prosecuting authority may secure a court order waiving the immediate execution of the warrant and provide a copy to the peace officer. As used in this subsection (4), "sexual assault" means an act of sexual conduct or sexual penetration defined in Section 11-0.1 of the Criminal Code of 2012, including without limitation, acts prohibited under Sections 11-1.20 through 11-1.60 of the Criminal Code of 2012. (4.5) Whenever a peace officer has a warrant of arrest for a person, subject to the same limitations described in subsection (4), and the peace officer has contact with the person because the person reported that he or she was sexually assaulted within the past 7 days, in addition to informing the person of his or her right to seek free medical attention and evidence collection and providing the written notice required by Section 25 of the Sexual Assault Incident Procedure Act, the officer shall also notify the person that if he or she chooses to go to a medical facility to seek any of those services, then the officer shall inform the prosecuting authority to request waiver of the prompt execution of the warrant. (Source: P.A. 101-39, eff. 6-1-20.)
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(725 ILCS 5/107-3) (from Ch. 38, par. 107-3)
Sec. 107-3.
Arrest by private person.
Any person may arrest another when he has reasonable grounds to believe
that an offense other than an ordinance violation is being committed.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
Sec. 107-4. Arrest by peace officer from other jurisdiction.
(a) As used in this Section:
(1) "State" means any State of the United States and | ||
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(2) "Peace Officer" means any peace officer or member | ||
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(3) "Fresh pursuit" means the immediate pursuit of a | ||
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(4) "Law enforcement agency" means a municipal police | ||
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(a-3) Any peace officer employed by a law enforcement agency of this State
may conduct temporary questioning pursuant to Section 107-14 of this Code and
may make arrests in any jurisdiction within this State: (1) if the officer is
engaged in the investigation of criminal activity that occurred in the officer's
primary jurisdiction and the temporary questioning or arrest relates to, arises from, or is conducted pursuant to that investigation; or (2) if the officer, while on duty as a
peace officer, becomes personally aware of the immediate commission of a felony
or misdemeanor violation of the laws of this State; or (3) if
the officer, while on duty as a peace officer, is requested by an
appropriate State or local law enforcement official to render aid or
assistance to the requesting law enforcement agency that is outside the
officer's primary jurisdiction; or (4) in accordance with Section 2605-580 of the Illinois State Police Law of the
Civil Administrative Code of Illinois. While acting pursuant to this subsection, an
officer has the same authority as within his or her
own jurisdiction.
(a-7) The law enforcement agency of the county or municipality in which any
arrest is made under this Section shall be immediately notified of the
arrest.
(b) Any peace officer of another State who enters this State in
fresh
pursuit and continues within this State in fresh pursuit of a person in
order to arrest him on the ground that he has committed an offense in the
other State has the same authority to arrest and hold the person in custody
as peace officers of this State have to arrest and hold a person in custody
on the ground that he has committed an offense in this State.
(c) If an arrest is made in this State by a peace officer of
another
State in accordance with the provisions of this Section he shall without
unnecessary delay take the person arrested before the circuit court of the
county in which the arrest was made. Such court shall conduct a hearing for
the purpose of determining the lawfulness of the arrest. If the court
determines that the arrest was lawful it shall commit the person arrested,
to await for a reasonable time the issuance of an extradition warrant by
the Governor of this State, or admit him to pretrial release for such purpose. If the
court determines that the arrest was unlawful it shall discharge the person
arrested.
(Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(725 ILCS 5/107-5) (from Ch. 38, par. 107-5)
Sec. 107-5.
Method of arrest.
(a) An arrest is made by an actual restraint of the person or by his
submission to custody.
(b) An arrest may be made on any day and at any time of the day or
night.
(c) An arrest may be made anywhere within the jurisdiction of this
State.
(d) All necessary and reasonable force may be used to effect an entry
into any building or property or part thereof to make an authorized arrest.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/107-6) (from Ch. 38, par. 107-6)
Sec. 107-6.
Release by officer of person arrested.
A peace officer who arrests a person without a warrant is authorized to
release the person without requiring him to appear before a court when the
officer is satisfied that there are no grounds for criminal complaint
against the person arrested.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/107-7) (from Ch. 38, par. 107-7)
Sec. 107-7.
Persons exempt from arrest.
(a) Electors shall, in all cases except treason, felony or breach of the
peace, be privileged from arrest during their attendance at election, and
in going to and returning from the same.
(b) Senators and representatives shall, in all cases, except treason,
felony or breach of the peace, be privileged from arrest during the session
of the General Assembly, and in going to and returning from the same.
(c) The militia shall in all cases, except treason, felony, or breach of
the peace, be privileged from arrest during their attendance at musters and
elections, and in going to and returning from the same.
(d) Judges, attorneys, clerks, sheriffs, and other court officers shall
be privileged from arrest while attending court and while going to and
returning from court.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/107-8) (from Ch. 38, par. 107-8)
Sec. 107-8.
Assisting peace officer).
(a) A peace officer making a lawful
arrest may command the aid of
persons over the age of 18.
(b) A person commanded to aid a peace officer shall have the same
authority to arrest as that peace officer.
(c) A person commanded to aid a peace officer shall not be civilly
liable for any reasonable conduct in aid of the officer.
(Source: P.A. 80-360.)
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(725 ILCS 5/107-9) (from Ch. 38, par. 107-9)
Sec. 107-9. Issuance of arrest warrant upon complaint.
(a) When a complaint is presented to a court charging that an offense
has been committed, it shall examine upon oath or affirmation the
complainant or any witnesses.
(b) The complaint shall be in writing and shall:
(1) State the name of the accused if known, and if | ||
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(2) State the offense with which the accused is | ||
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(3) State the time and place of the offense as | ||
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(4) Be subscribed and sworn to by the complainant.
(b-5) If an arrest warrant or summons is sought and the request is made by electronic means that has a simultaneous video and audio transmission between the requester and a judge, the judge may issue an arrest warrant or summons based upon a sworn complaint or sworn testimony communicated in the transmission. (c) A warrant or summons may be issued by the court for the arrest or appearance of the person
complained against if it appears from the contents of the complaint and the
examination of the complainant or other witnesses, if any, that the person
against whom the complaint was made has committed an offense.
(d) The warrant of arrest or summons shall:
(1) Be in writing;
(2) Specify the name, sex and birth date of the | ||
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(3) Set forth the nature of the offense;
(4) State the date when issued and the municipality | ||
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(5) Be signed by the judge of the court with the | ||
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(6) Command that the person against whom the | ||
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(7) Specify the conditions of pretrial release, if | ||
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(8) Specify any geographical limitation placed on the | ||
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(e) The summons may be served in the same manner as the summons in a civil action, except that a police officer may serve a summons for a violation of an ordinance occurring within the municipality of the police officer. (f) If the person summoned fails to appear by the date required or cannot be located to serve the summons, a warrant may be issued by the court for the arrest of the person complained against. (g) A warrant of arrest issued under this Section shall incorporate the information included in the summons, and shall comply with the following: (1) The arrest warrant shall specify any geographic | ||
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(2) The arrest warrant shall be directed to all peace | ||
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(h) The arrest warrant or summons may be issued electronically or electromagnetically by
use of electronic mail or a facsimile transmission machine and any such arrest warrant or summons shall have the
same validity as a written arrest warrant or summons.
(Source: P.A. 101-239, eff. 1-1-20; 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
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(725 ILCS 5/107-10) (from Ch. 38, par. 107-10)
Sec. 107-10.
Defective warrant.
A warrant of arrest shall not be quashed or abated nor shall any person
in custody for an offense be discharged from such custody because of
technical irregularities not affecting the substantial rights of the
accused.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/107-11) (from Ch. 38, par. 107-11)
Sec. 107-11. When summons may be issued.
(a) When authorized to issue a warrant of arrest, a court may instead
issue a summons.
(b) The summons shall:
(1) Be in writing;
(2) State the name of the person summoned and his or | ||
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(3) Set forth the nature of the offense;
(4) State the date when issued and the municipality | ||
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(5) Be signed by the judge of the court with the | ||
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(6) Command the person to appear before a court at a | ||
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(c) The summons may be served in the same manner as the summons in a
civil action or by certified or regular mail, except that police officers may serve summons for violations
of ordinances occurring within their municipalities.
(Source: P.A. 102-1104, eff. 12-6-22.)
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(725 ILCS 5/107-12) (from Ch. 38, par. 107-12)
Sec. 107-12.
Notice to appear.
(a) Whenever a peace officer is authorized to arrest a person without a
warrant he may instead issue to such person a notice to appear.
(b) The notice shall:
(1) Be in writing;
(2) State the name of the person and his address, if known;
(3) Set forth the nature of the offense;
(4) Be signed by the officer issuing the notice; and
(5) Request the person to appear before a court at a certain time and
place.
(c) Upon failure of the person to appear a summons or warrant of arrest
may issue.
(d) In any case in which a person is arrested for a Class C misdemeanor
or a petty offense and remanded to the sheriff other than
pursuant to a court order, the sheriff may issue such person a notice to appear.
(Source: P.A. 83-693.)
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(725 ILCS 5/107-13) (from Ch. 38, par. 107-13)
Sec. 107-13.
Offenses committed by corporations.
(a) When a corporation is charged with the commission of an offense the
court shall issue a summons setting forth the nature of the offense and
commanding the corporation to appear before a court at a certain time and
place.
(b) The summons for the appearance of a corporation may be served in the
manner provided for service of summons upon a corporation in a civil
action.
(c) If, after being summoned, the corporation does not appear, a plea of
not guilty shall be entered by the court having jurisdiction to try the
offense for which the summons was issued, and such court shall proceed to
trial and judgment without further process.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/107-14) (from Ch. 38, par. 107-14)
Sec. 107-14. Temporary questioning without arrest. (a) A peace officer, after having identified himself as a peace officer, may
stop any person in a public place for a reasonable period of time when the
officer reasonably infers from the circumstances that the person is
committing, is about to commit or has committed an offense as defined in
Section 102-15 of this Code, and may demand the name and address of the
person and an explanation of his actions. Such detention and temporary
questioning will be conducted in the vicinity of where the person was
stopped.
(b) Upon completion of any stop under subsection (a) involving a frisk or search, and unless impractical, impossible, or under exigent circumstances, the officer shall provide the person with a stop receipt which provides the reason for the stop and contains the officer's name and badge number. This subsection (b) does not apply to searches or inspections for compliance with the Fish and Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act, or searches or inspections for routine security screenings at facilities or events. For the purposes of this subsection (b), "badge" means an officer's department issued identification number associated with his or her position as a police officer with that department.(Source: P.A. 99-352, eff. 1-1-16.)
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(725 ILCS 5/107-15)
Sec. 107-15.
Fresh pursuit.
When the fact that a felony has been
committed comes to the
knowledge of a sheriff or coroner, fresh pursuit shall be forthwith
made after every person guilty of the felony, by the sheriff, coroner, and all
other persons who is by any
one of them commanded or summoned for that purpose; every such officer who
does not do his or her duty in the premises is guilty of a Class B misdemeanor.
(Source: P.A. 89-234, eff. 1-1-96.)
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(725 ILCS 5/107-16)
Sec. 107-16.
Apprehension of offender.
It is the
duty of every sheriff, coroner, and every
marshal, policeman, or other officer of an incorporated city,
town, or
village, having the power of a sheriff, when a criminal offense or
breach of the peace is committed or attempted in his or her presence, forthwith
to apprehend the offender and bring him or her before a judge, to be
dealt with according to law; to suppress all riots and unlawful assemblies,
and to keep the peace, and without delay to serve and execute all
warrants and other process to him or her lawfully directed.
(Source: P.A. 89-234, eff. 1-1-96.)
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(725 ILCS 5/Art. 107A heading)
ARTICLE 107A. LINEUP AND PHOTO SPREAD PROCEDURE
(Source: P.A. 93-605, eff. 11-19-03.) |
(725 ILCS 5/107A-0.1) Sec. 107A-0.1. Definitions. For the purposes of this Article: "Eyewitness" means a person viewing the lineup whose | ||
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"Filler" means a person or a photograph of a person | ||
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"Independent administrator" means a lineup | ||
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"Lineup" includes a photo lineup or live lineup. "Lineup administrator" means the person who conducts | ||
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"Live lineup" means a procedure in which a group of | ||
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"Photo lineup" means a procedure in which photographs | ||
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"Sequential lineup" means a live or photo lineup in | ||
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"Showup" means a procedure in which a suspected | ||
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"Simultaneous lineup" means a live or photo lineup in | ||
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(Source: P.A. 98-1014, eff. 1-1-15.) |
(725 ILCS 5/107A-2) Sec. 107A-2. Lineup procedure. (a) All lineups shall be conducted using one of the following methods: (1) An independent administrator, unless it is not | ||
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(2) An automated computer program or other device | ||
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(3) A procedure in which photographs are placed in | ||
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(4) Any other procedure that prevents the lineup | ||
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(b) Each law enforcement agency shall adopt written guidelines setting forth when, if at all, simultaneous lineups shall be conducted and when, if at all, sequential lineups shall be conducted. This subsection does not establish a preference for whether a law enforcement agency should conduct simultaneous lineups or sequential lineups. Whether and when to conduct simultaneous lineups or sequential lineups is at the discretion of each law enforcement agency. If, after the effective date of this amendatory Act of the 98th General Assembly, a method of conducting a lineup different from a simultaneous or sequential lineup is determined by the Illinois Supreme Court to be sufficiently established to have gained general acceptance as a reliable method for eyewitness identifications and provides more accurate results than simultaneous or sequential lineups, a law enforcement agency may adopt written guidelines setting forth when, if at all, this different method of conducting lineups shall be used and, when feasible, the provisions of subsection (d) of this Section shall apply to the use of these methods. (c) On and after the effective date of this amendatory Act of the 98th General Assembly, there is no preference
as to whether a law enforcement agency conducts a live lineup or a photo lineup and to the extent that the common law directs otherwise, this direction is abrogated. (d) If a lineup administrator conducts a sequential lineup, the following shall apply: (1) Solely at the eyewitness's request, the lineup | ||
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(2) If the eyewitness identifies a person as a | ||
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(e) Before a lineup is conducted: (1) The eyewitness shall be instructed that: (A) if recording the lineup is practical, an | ||
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(B) the perpetrator may or may not be presented | ||
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(C) if an independent administrator is | ||
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(D) the eyewitness should not feel compelled to | ||
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(E) it is as important to exclude innocent | ||
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(F) the investigation will continue whether or | ||
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(2) The eyewitness shall acknowledge in writing the | ||
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(f) In conducting a lineup: (1) When practicable, the lineup administrator shall | ||
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(2) Each eyewitness shall perform the identification | ||
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(3) The lineup shall be composed to ensure that the | ||
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(A) Only one suspected perpetrator shall be | ||
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(B) The suspected perpetrator shall not be | ||
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(C) At least 5 fillers shall be included in a | ||
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(D) When practicable, at least 5 fillers shall be | ||
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(E) If the eyewitness has previously viewed a | ||
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(4) If there are multiple eyewitnesses, subject to | ||
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(5) Nothing shall be communicated to the eyewitness | ||
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(6) No writings or information concerning any | ||
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(7) If a photo lineup, the photograph of the | ||
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(8) If a live lineup, any identifying actions, such | ||
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(9) If a live lineup, all lineup participants must be | ||
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(10) The lineup administrator shall obtain and | ||
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(11) If the eyewitness identifies a person as the | ||
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(12) Unless otherwise allowed under subsection (a) of | ||
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(g) The lineup administrator shall make an official report of all lineups, which shall include all of the following information: (1) All identification and non-identification results | ||
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(2) The names of all persons who viewed the lineup. (3) The names of all law enforcement officers and | ||
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(4) The date, time, and location of the lineup. (5) Whether it was a photo lineup or live lineup and | ||
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(6) The sources of all persons or photographs used as | ||
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(7) In a photo lineup, the actual photographs shown | ||
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(8) In a live lineup, a photograph or other visual | ||
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(9) If applicable, the eyewitness's refusal to be | ||
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(10) If applicable, the reason for any | ||
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(h) Unless it is not practical or the eyewitness refuses, a video record of all lineup procedures shall be made. (1) If a video record is not practical or the | ||
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(A) the reasons or the refusal shall be | ||
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(B) an audio record shall be made, if practical; | ||
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(C) if a live lineup, the lineup shall be | ||
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(2) If an audio record is not practical, the reasons | ||
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(i) The
photographs, recordings, and the official report of the lineup required by this Section shall
be disclosed to counsel for the accused as provided by the Illinois Supreme Court Rules regarding discovery. All photographs
of suspected perpetrators shown to an eyewitness during a lineup shall be
disclosed to counsel for the accused as provided by the Illinois Supreme Court Rules regarding discovery. To protect the identity of the eyewitness and the identities of law enforcement officers used as fillers in the lineup from being disclosed to third parties, the State's Attorney shall petition the court for a protective order under Supreme Court Rule 415 upon disclosure of the photographs or recordings to the counsel of the accused. (j) All of the following shall be available as consequences of compliance or noncompliance with the requirements of this Section: (1) Failure to comply with any of the requirements of | ||
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(2) When warranted by the evidence presented at | ||
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(k) Any electronic recording made during a lineup 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 recording shall not be transmitted to any person except as necessary to comply with this Section.
(Source: P.A. 98-1014, eff. 1-1-15.) |
(725 ILCS 5/107A-5)
Sec. 107A-5. (Repealed).
(Source: P.A. 93-605, eff. 11-19-03. Repealed by P.A. 98-1014, eff. 1-1-15.) |
(725 ILCS 5/107A-10)
Sec. 107A-10. (Repealed).
(Source: P.A. 93-655, eff. 1-20-04. Repealed by P.A. 98-1014, eff. 1-1-15.)
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(725 ILCS 5/Art. 108 heading) ARTICLE 108.
SEARCH AND SEIZURE
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(725 ILCS 5/108-1) (from Ch. 38, par. 108-1)
Sec. 108-1.
Search without warrant.
(1) When a lawful arrest is effected a peace officer may reasonably search
the person arrested and the area
within such person's immediate presence for the purpose of:
(a) protecting the officer from attack; or
(b) preventing the person from escaping; or
(c) discovering the fruits of the crime; or
(d) discovering any instruments, articles, or things | ||
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(2) (Blank).
(3) A law enforcement officer may not search or inspect a motor vehicle,
its contents, the driver, or a passenger solely because of a violation of
Section 12-603.1 of the Illinois Vehicle Code.
(Source: P.A. 93-99, eff. 7-3-03.)
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(725 ILCS 5/108-1.01) (from Ch. 38, par. 108-1.01)
Sec. 108-1.01.
Search during temporary questioning.
When a peace officer has stopped a person for temporary questioning
pursuant to Section 107-14 of this Code and reasonably suspects that he or
another is in danger of attack, he may search the person for weapons. If
the officer discovers a weapon, he may take it until the completion of the
questioning, at which time he shall either return the weapon, if lawfully
possessed, or arrest the person so questioned.
(Source: Laws 1968, p. 218.)
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(725 ILCS 5/108-2) (from Ch. 38, par. 108-2)
Sec. 108-2.
Custody and disposition of things seized.
An inventory of all instruments, articles or things seized on a search
without warrant shall be given to the person arrested and a copy thereof
delivered to the judge before whom the person arrested is taken, and
thereafter, such instruments, articles or things shall be handled and
disposed of in accordance with Sections 108-11 and 108-12 of this Code.
If the person arrested is released without a charge being preferred against
him all instruments, articles or things seized, other than contraband,
shall be returned to him upon release.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/108-3) (from Ch. 38, par. 108-3)
Sec. 108-3.
Grounds for search warrant.
(a) Except as provided in subsection (b), upon the written complaint of
any person under oath or affirmation
which states facts sufficient to show probable cause and which
particularly describes the place or person, or both, to be searched and
the things to be seized, any judge may issue a search warrant for the
seizure of the following:
(1) Any instruments, articles or things designed or | ||
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(2) Any person who has been kidnaped in violation of | ||
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(b) When the things to be seized are the work product of, or used in the
ordinary course of business, and in the possession, custody, or control
of any person known to be engaged in the gathering or dissemination of news
for the print or broadcast media, no judge may issue a search warrant unless
the requirements set forth in subsection (a) are satisfied and there is
probable cause to believe that:
(1) such person has committed or is committing a | ||
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(2) the things to be seized will be destroyed or | ||
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(Source: P.A. 89-377, eff. 8-18-95.)
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(725 ILCS 5/108-4) (from Ch. 38, par. 108-4)
Sec. 108-4. Issuance of search warrant.
(a) All warrants upon written complaint shall state the time
and date of issuance and be the warrants of the judge issuing the same and
not the warrants of the court in which he or she is then sitting and these warrants
need not bear the seal of the court or clerk thereof. The complaint on
which the warrant is issued need not be filed with the clerk of the court
nor with the court if there is no clerk until the warrant has been executed
or has been returned "not executed".
The search warrant upon written complaint may be issued electronically or
electromagnetically
by use of electronic mail or a facsimile transmission machine and this warrant shall have
the same validity as a written search warrant.
(b) Warrant upon oral testimony.
(1) General rule. When the offense in connection with | ||
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(2) Application. The person who is requesting the | ||
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(3) Issuance. If the judge is satisfied that the | ||
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(4) Recording and certification of testimony. When a | ||
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(5) Contents. The contents of a warrant upon oral | ||
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(6) Additional rule for execution. The person who | ||
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(7) Motion to suppress based on failure to obtain a | ||
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(8) This subsection (b) is inoperative on and after | ||
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(9) No evidence obtained pursuant to this subsection | ||
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(c) Warrant upon testimony by simultaneous video and audio transmission. (1) General rule. When a search warrant is sought and | ||
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(2) Application. The requestor shall prepare a | ||
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(A) if circumstances allow, the requestor shall | ||
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(B) if circumstances make transmission under | ||
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Under both subparagraphs (A) and (B), the document in | ||
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(3) Issuance. If the judge is satisfied that grounds | ||
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(4) Recording and certification of testimony. When a | ||
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(A) When the requestor has provided the judge | ||
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(B) When the requestor has not provided the judge | ||
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The material to be filed need not be filed until the | ||
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(5) Contents. The contents of a warrant under this | ||
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(6) Additional rule for execution. The person who | ||
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(7) Motion to suppress based on failure to obtain a | ||
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(d) The Chief Judge of the circuit court or presiding judge in the issuing jurisdiction shall, by local rule, create a standard practice for the filing or other retention of documents or recordings produced under this Section. (Source: P.A. 98-829, eff. 8-1-14; 98-905, eff. 1-1-15; 99-78, eff. 7-20-15.)
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(725 ILCS 5/108-5) (from Ch. 38, par. 108-5)
Sec. 108-5.
Persons authorized to execute search warrants.
The warrant shall be issued in duplicate and shall be directed for
execution to all peace officers of the State. However, the judge may direct
the warrant to be executed by any person named specially therein.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/108-6) (from Ch. 38, par. 108-6)
Sec. 108-6.
Execution of search warrants.
The warrant shall be executed within 96 hours from the time of issuance.
If the warrant is executed the duplicate copy shall be left with any person
from whom any instruments, articles or things are seized or if no person is
available the copy shall be left at the place from which the instruments,
articles or things were seized. Any warrant not executed within such time
shall be void and shall be returned to the court of the judge issuing the
same as "not executed".
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/108-7) (from Ch. 38, par. 108-7)
Sec. 108-7.
Command of search warrant.
The warrant shall command the person directed to execute the same to
search the place or person particularly described in the warrant and to
seize the instruments, articles or things particularly described in the
warrant.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/108-8) (from Ch. 38, par. 108-8)
Sec. 108-8. Use of force in execution of search warrant.
(a) All necessary and reasonable force may be used to effect an entry into
any building or property or part thereof to execute a search warrant.
(b) The court issuing a warrant may authorize the officer executing the
warrant to make entry without first knocking and announcing his or her office
if it finds, based upon a showing of specific facts, the existence of the
following exigent circumstances:
(1) That the officer reasonably believes that if | ||
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(i) against the officer executing the search | ||
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(ii) against another person.
(2) That if notice were given there is an imminent | ||
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(c) Prior to the issuing of a warrant under subsection (b), the officer must attest that: (1) prior to entering the location described in the | ||
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(2) The supervising officer verified the subject | ||
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(3) if an officer becomes aware the search warrant | ||
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(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
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(725 ILCS 5/108-9) (from Ch. 38, par. 108-9)
Sec. 108-9.
Detention and search of persons on premises.
In the execution of the warrant the person executing the same may
reasonably detain to search any person in the place at the time:
(a) To protect himself from attack, or
(b) To prevent the disposal or concealment of any instruments, articles
or things particularly described in the warrant.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/108-10) (from Ch. 38, par. 108-10)
Sec. 108-10.
Return to court of things seized.
A return of all instruments, articles or things seized shall be made
without unnecessary delay before the judge issuing the warrant or before
any judge named in the warrant or before any court of competent
jurisdiction. An inventory of any instruments, articles or things seized
shall be filed with the return and signed under oath by the officer or
person executing the warrant. The judge shall upon request deliver a copy
of the inventory to the person from whom or from whose premises the
instruments, articles or things were taken and to the applicant for the
warrant.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/108-11) (from Ch. 38, par. 108-11)
Sec. 108-11.
Disposition of things seized.
The court before
which the instruments, articles or things are returned shall
enter an order providing for their custody pending further proceedings.
(Source: P.A. 83-334.)
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(725 ILCS 5/108-12) (from Ch. 38, par. 108-12)
Sec. 108-12. Disposition of obscene material. In the case of any material
seized which is alleged to have been possessed or used or intended to be
used contrary to, or is evidence of a violation of, Section 11-20 of the
Criminal Code of 1961 or the Criminal Code of 2012, the court before which the material is
returned shall, upon written request of any person from whom the material
was seized or any person claiming ownership or other right to possession
of such material, enter an order providing for a hearing to determine the
obscene nature thereof not more than 10 days after such return. If the material
is determined to be obscene it shall be held pending further proceedings
as provided by Section 108-11 of this Code. If
the material is determined not to be obscene it shall be returned to the
person from whom or place from which it was seized, or to the person
claiming ownership or other right to possession of such material; provided
that enough of the record material may be retained by the State for
purposes of appellate proceedings. The decision of the court upon this
hearing shall not be admissible as evidence in any other proceeding nor
shall it be res judicata of any question in any other proceeding.
(Source: P.A. 97-1150, eff. 1-25-13.)
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(725 ILCS 5/108-13) (from Ch. 38, par. 108-13)
Sec. 108-13.
When warrant may be executed.
The warrant may be executed at any time of any day or night.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/108-14) (from Ch. 38, par. 108-14)
Sec. 108-14.
No warrant quashed for technicality.
No warrant shall be quashed nor evidence suppressed because of technical
irregularities not affecting the substantial rights of the accused.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/Art. 108A heading) ARTICLE 108A.
JUDICIAL SUPERVISION OF
THE USE OF EAVESDROPPING DEVICES
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(725 ILCS 5/108A-1) (from Ch. 38, par. 108A-1)
Sec. 108A-1.
Authorization for use of eavesdropping device.
The State's
Attorney or an Assistant State's Attorney authorized by the State's
Attorney may authorize an
application to a circuit judge or an associate
judge assigned by the Chief Judge of the circuit for, and such judge
may grant in conformity with this Article, an order authorizing or approving
the use of an eavesdropping device by a law enforcement officer or agency
having the responsibility for the investigation of any felony under Illinois
law where any one party to a conversation to be monitored, or previously
monitored in the case of an emergency situation as defined in this Article,
has consented to such monitoring.
The Chief Judge of the circuit may assign to associate judges the power
to issue orders authorizing or approving the use of eavesdropping devices
by law enforcement officers or agencies in accordance with this Article.
After assignment by the Chief Judge, an associate judge shall have plenary
authority to issue such orders without additional authorization for each
specific application made to him by the State's Attorney until such time as
the associate judge's power is rescinded by the Chief Judge.
(Source: P.A. 92-413, eff. 8-17-01.)
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(725 ILCS 5/108A-2) (from Ch. 38, par. 108A-2)
Sec. 108A-2.
Authorized Disclosure or Use of Information.
(a) Any law enforcement
officer who, by any means authorized in this Article, has obtained knowledge of
the contents of any conversation overheard or recorded by use of an eavesdropping
device or evidence derived therefrom, may disclose such contents
to another law enforcement officer or prosecuting attorney to
the extent that such disclosure is appropriate to the proper
performance of the official duties of the person making or
receiving the disclosure.
(b) Any investigative or law enforcement officer who, by
any means authorized in this Article, has obtained knowledge
of the contents of any conversation overheard or recorded
use of an eavesdropping device or evidence derived therefrom,
may use the contents to the extent such use is appropriate to
the proper performance of his official duties.
(c) Admissibility into evidence in any judicial, administrative,
or legislative proceeding shall be as elsewhere described in this Article.
(Source: P.A. 79-1159.)
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(725 ILCS 5/108A-3) (from Ch. 38, par. 108A-3)
Sec. 108A-3.
Procedure for Obtaining Judicial Approval of Use
of Eavesdropping Device. (a) Where any one party to a conversation to occur
in the future has consented to the use of an eavesdropping device
to overhear or record the conversation, a judge may grant
approval to an application to use an eavesdropping device
pursuant to the provisions of this section.
Each application for an order authorizing or subsequently approving the
use of an eavesdropping device shall be made in writing
upon oath or affirmation to a circuit judge, or an associate judge
assigned for such purpose pursuant to Section 108A-1 of this Code, and
shall state the applicant's authority to make such application. Each
application shall include the following:
(1) the identity of the investigative or law enforcement
officer making the application and the State's Attorney authorizing
the application;
(2) a statement of the facts and circumstances
relied upon by the applicant to justify his belief that
an order should be issued including: (a) details as to the
felony that has been, is being, or is about to be committed; (b)
a description of the type of communication sought to be monitored; (c) the
identity of the party to the expected conversation consenting
to the use of an eavesdropping device; (d) the identity of
the person, if known, whose conversations are to be overheard by
the eavesdropping device;
(3) a statement of the period of time for which
the use of the device is to be maintained or, if the
nature of the investigation is such that the authorization for
use of the device should not terminate automatically when the
described type of communication is overheard or recorded, a
description of facts establishing reasonable cause to
believe that additional conversations of the same type will
occur thereafter;
(4) a statement of the existence of all
previous applications known to the individual making the
application which have been made to any judge requesting permission
to use an eavesdropping device involving the same
persons in the present application, and the
action taken by the judge on the previous applications;
(5) when the application is for an extension of an
order, a statement setting forth the results so far obtained
from the use of the eavesdropping device or an explanation of
the failure to obtain such results.
(b) The judge may request the applicant to furnish additional
testimony, witnesses, or evidence in support of the application.
(Source: P.A. 86-391.)
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(725 ILCS 5/108A-4) (from Ch. 38, par. 108A-4)
Sec. 108A-4.
Grounds for Approval or Authorization.
The judge may authorize or
approve the use of the eavesdropping device where it is found that:
(a) one party to the conversation has or will have consented
to the use of the device;
(b) there is reasonable cause for believing that an individual
is committing, has committed, or is about to commit a felony under Illinois law;
(c) there is reasonable cause for believing that particular
conversations concerning that felony offense will be obtained
through such use; and
(d) for any extension authorized, that further use of a
device is warranted on similar grounds.
(Source: P.A. 79-1159.)
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(725 ILCS 5/108A-5) (from Ch. 38, par. 108A-5)
Sec. 108A-5.
Orders Authorizing Use of an Eavesdropping Device.
(a) Each order authorizing or approving the use of an
eavesdropping device shall specify:
(1) the identity of the person who has consented to | ||
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(2) the identity of the other person or persons, if | ||
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(3) the period of time in which the use of the device | ||
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(b) No order entered under this section may authorize
or approve the use of any eavesdropping device for any period longer than
30 days. An
initial or a subsequent extension, in no case for more than
30 days each, of an order may be granted but only upon
application made in accordance with Section 108A-3 and where
the court makes the findings required in Section 108A-4.
(Source: P.A. 92-413, eff. 8-17-01.)
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(725 ILCS 5/108A-6) (from Ch. 38, par. 108A-6)
Sec. 108A-6.
Emergency Exception to Procedures.
(a) Notwithstanding any other provisions of this Article,
any investigative or law enforcement officer, upon approval of
a State's Attorney, or without it if a reasonable effort has
been made to contact the appropriate State's Attorney, may use
an eavesdropping device in an emergency situation as defined
in this Section. Such use must be in accordance with the
provisions of this Section and may be allowed only where the officer
reasonably believes that an order permitting the use of the
device would issue were there a prior hearing.
An emergency situation exists when, without previous
notice to the law enforcement officer sufficient to obtain
prior judicial approval, the conversation to be overheard or
recorded will occur within a short period of time, the use
of the device is necessary for the protection of the law enforcement
officer or it will occur in a situation involving a clear and present
danger of imminent death or great bodily harm to persons resulting from:
(1) a kidnapping or the holding of a hostage by force or the threat of the
imminent use of force; or (2) the occupation by force or the threat of the
imminent use of force of any premises, place, vehicle, vessel or aircraft; or
(3) any violation of Article 29D.
(b) In all such cases, an application for an order approving
the previous or continuing use of an eavesdropping
device must be made within 48 hours of the commencement of
such use. In the absence of such an order, or upon its denial,
any continuing use shall immediately terminate.
In order to approve such emergency use, the judge must
make a determination (1) that he would have granted an order
had the information been before the court prior to the use of
the device and (2) that there was an emergency situation as
defined in this Section.
(c) In the event that an application for approval under this Section is
denied the contents of the conversations overheard or recorded shall be
treated as having been obtained in violation of this Article.
(Source: P.A. 92-854, eff. 12-5-02.)
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(725 ILCS 5/108A-7) (from Ch. 38, par. 108A-7)
Sec. 108A-7. Retention and review of recordings.
(a) The contents of any conversation overheard by any
eavesdropping device shall, if possible, be recorded on tape
or a comparable device. The recording of the contents of a
conversation under this Article shall be done in such a way
as will protect the recording from editing or other alterations.
(b) Immediately after the expiration of the period of
the order or extension or, where the recording was made in an
emergency situation as defined in Section 108A-6, at the time of
the request for approval subsequent to the emergency, all such
recordings shall be made available to the judge issuing the
order or hearing the application for approval of an emergency application.
The judge shall listen to the tapes, determine if the conversations
thereon are within his order or were appropriately
made in emergency situations, and make a record of such determination
to be retained with the tapes.
The recordings shall be sealed under the instructions of
the judge and custody shall be where he orders. Such recordings
shall not be destroyed except upon order of the judge hearing
the application and in any event shall be kept for 10 years
if not destroyed upon his order.
Duplicate recordings may be made for any use or disclosure
authorized by this Article. The presence of the seal
provided for in this Section or a satisfactory explanation for the
absence thereof shall be a pre-requisite for the use or
disclosure of the contents of the recordings or any evidence derived therefrom.
(c) Applications made and orders granted under this
Article shall be sealed by the judge. Custody of the applications
and orders shall be wherever the judge requests.
Such applications and orders shall be disclosed only upon a
showing of good cause before a judge. Such documents shall
not be destroyed except on the order of the issuing or
denying judge or after the expiration of 10 years time if
not destroyed upon his order. As used in this subsection, "sealed" has the same meaning as in paragraph (4) of subsection (b) of Section 5 of the Court Record and Document Accessibility Act.
(Source: P.A. 103-166, eff. 1-1-24.)
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(725 ILCS 5/108A-8) (from Ch. 38, par. 108A-8)
Sec. 108A-8.
Notice to Parties Overheard.
(a) Within a reasonable time, but not later than 90 days
after either the filing of an application for an order of
authorization or approval which is denied or not later than 90 days after the
termination of the period of an order or extension thereof,
the issuing or denying judge shall cause to be served on
the persons named in the order or application and such other
persons in the recorded conversation as the judge may determine
that justice requires be notified, a notice of the transaction
involving any requested or completed use of an eavesdropping
device which shall include:
(1) notice of the entry of an order, of subsequent
approval in an emergency situation, or the denial
of an application;
(2) the date of the entry, approval, or denial;
(3) the period of the authorized use of any eavesdropping
device; and
(4) notice of whether during the period of eavesdropping
devices were or were not used to overhear and
record various conversations and whether or not
such conversations are recorded.
On an ex parte showing of good cause, the notice required
by this subsection may be postponed.
(b) Upon the filing of a motion, the judge may in his
discretion make available to such person or his attorney for
inspection such portions of the recorded conversations or the
applications and orders as the judge determines it would be
in the interest of justice to make available.
(c) The contents of any recorded conversation or
evidence derived therefrom shall not be received in evidence
or otherwise disclosed in any trial, hearing, or other judicial
or administrative proceeding unless each party not less than
10 days before such a proceeding has been furnished with a
copy of the court order and accompanying application under
which the recording was authorized or approved and has had an
opportunity to examine the portion of the tapes to be introduced
or relied upon. Such 10 day period may be waived by
the judge if he finds that it was not possible to furnish the
party with such information within the stated period and that
the party will not be materially prejudiced by the delay in
receiving such information.
(Source: P.A. 79-1159.)
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(725 ILCS 5/108A-9) (from Ch. 38, par. 108A-9)
Sec. 108A-9.
Motion to Suppress Contents of Recording, etc.
(a) Any aggrieved person in any judicial or administrative
proceeding may move to suppress the contents of any recorded
conversation or evidence derived therefrom on the grounds that:
(1) the conversation was unlawfully overheard and recorded;
(2) the order of authorization or approval under
which the device was used or a recording made was
improperly granted; or
(3) the recording or interception was not made in
conformity with the order of authorization.
(b) Such a motion shall be made before the proceeding
unless there was no previous opportunity for such motion. If
the motion is granted, the contents shall be treated as having
been obtained in violation of this Article. Upon the filing
of such a motion, the judge may in his discretion make
available to the moving party or his attorney such portions
of the recorded conversation or evidence derived therefrom as
the judge determines to be in the interests of justice.
(Source: P.A. 79-1159.)
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(725 ILCS 5/108A-10) (from Ch. 38, par. 108A-10)
Sec. 108A-10.
Appeal by State.
In addition to any other
right to appeal, the State shall have the right to appeal
from a denial of an application for an order of authorization
or approval and the right to appeal the granting of a motion
to suppress.
Where the State appeals, such appeal shall be taken within
30 days after the date the order was denied or motion granted
and shall be diligently prosecuted.
(Source: P.A. 79-1159.)
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(725 ILCS 5/108A-11) (from Ch. 38, par. 108A-11)
Sec. 108A-11. Reports concerning use of eavesdropping devices. (a) In January of each year the State's Attorney of each county in which
eavesdropping devices were used pursuant to the provisions of this
Article shall report to the Illinois State Police the
following with respect to each application for an order authorizing the
use of an eavesdropping device, or an extension thereof, made during the
preceding calendar year:
(1) the fact that such an order, extension, or | ||
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(2) the kind of order or extension applied for;
(3) a statement as to whether the order or extension | ||
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(4) the period authorized by the order or extensions | ||
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(5) the felony specified in the order extension or | ||
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(6) the identity of the applying investigative or law | ||
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(7) the nature of the facilities from which or the | ||
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(b) Such report shall also include the following:
(1) a general description of the uses of | ||
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(2) the number of arrests resulting from authorized | ||
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(3) the number of trials resulting from such uses of | ||
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(4) the number of motions to suppress made with | ||
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(5) the number of convictions resulting from such | ||
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(c) In April of each year, the Illinois State Police
shall transmit to the General Assembly
a report including information on the number of
applications for orders authorizing the use of eavesdropping
devices, the number of orders and extensions granted or denied
during the preceding calendar year, and the convictions arising
out of such uses.
The requirement for reporting to the General Assembly shall be satisfied
by filing copies of the report as required by Section 3.1 of the General Assembly Organization Act, and
filing such additional copies with the State Government Report Distribution
Center for the General Assembly as is required under paragraph (t) of
Section 7 of the State Library Act.
(Source: P.A. 102-538, eff. 8-20-21.)
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(725 ILCS 5/Art. 108B heading) ARTICLE 108B.
ELECTRONIC CRIMINAL SURVEILLANCE
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(725 ILCS 5/108B-1) (from Ch. 38, par. 108B-1)
Sec. 108B-1. Definitions. For the purpose of this Article:
(a) "Aggrieved person" means a person who was a party to any intercepted
private communication or any person against
whom the intercept was directed.
(b) "Chief Judge" means, when referring to a judge authorized to receive
application for, and to enter orders authorizing, interceptions of private
communications, the Chief Judge of the Circuit
Court wherein the application for order of interception is filed, or a Circuit
Judge
designated by the Chief Judge to enter these orders. In circuits other than
the Cook County Circuit, "Chief Judge" also means, when referring to a
judge authorized to receive application for, and to enter orders
authorizing, interceptions of private
communications, an Associate
Judge authorized by Supreme Court Rule to try felony cases who is assigned
by the Chief Judge to enter these orders. After assignment by the Chief
Judge, an Associate Judge shall have plenary authority to issue orders
without additional authorization for each specific application made to him
by the State's Attorney until the time the
Associate
Judge's power is rescinded by the Chief Judge.
(c) "Communications common carrier" means any person engaged as a common
carrier in the transmission of communications by wire or radio,
not including radio broadcasting.
(d) "Contents" includes information obtained from
a private
communication concerning the existence, substance,
purport or meaning of the communication, or the identity of a party of the
communication.
(e) "Court of competent jurisdiction" means any circuit court.
(f) (Blank).
(g) "Director" means Director of the Illinois State Police.
(g-1) "Electronic communication" means any transfer of signs, signals,
writing, images, sounds, data, or intelligence of any nature transmitted in
whole or part by a wire, radio, pager, computer, or electromagnetic, photo
electronic, or photo optical system where the sending and receiving parties
intend the electronic communication to be private and the interception,
recording, or transcription of the electronic communication is accomplished by
a device in a surreptitious manner contrary to the provisions of this Article.
"Electronic communication" does not include:
(1) any wire or oral communication; or
(2) any communication from a tracking device.
(h) "Electronic criminal surveillance device" or "eavesdropping device"
means any device or apparatus, or computer program including an induction
coil, that can be used to intercept private
communication other than:
(1) Any telephone, telegraph or telecommunication | ||
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(2) A hearing aid or similar device being used to | ||
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(i) "Electronic criminal surveillance officer" means any law enforcement
officer or retired law enforcement officer of the United States or of the State
or political subdivision of
it, or of another State, or of a political subdivision of it, who is
certified by the Illinois State Police to intercept private
communications.
A retired law enforcement officer may be certified by the Illinois State
Police only to (i) prepare petitions for the authority to intercept private
communications in accordance with the provisions of this Act; (ii)
intercept and supervise the interception of private communications;
(iii)
handle, safeguard, and use evidence derived from such private
communications; and (iv) operate and maintain equipment used to intercept
private
communications.
(j) "In-progress trace" means to determine the origin of a wire
communication to a telephone or telegraph instrument, equipment or facility
during the course of the communication.
(k) "Intercept" means the aural or other acquisition of the contents of
any private communication through the use of any
electronic criminal
surveillance device.
(l) "Journalist" means a person engaged in, connected with, or employed
by news media, including newspapers, magazines, press associations, news
agencies, wire services, radio, television or other similar media, for the
purpose of gathering, processing, transmitting, compiling, editing or
disseminating news for the general public.
(m) "Law enforcement agency" means any law enforcement agency of the
United States, or the State or a political subdivision of it.
(n) "Oral communication" means human speech used to
communicate by one
party to another, in person, by wire communication or by any other means.
(o) "Private communication" means a wire,
oral, or electronic communication
uttered or transmitted by a person exhibiting an expectation that the
communication is not
subject to interception, under circumstances reasonably justifying the
expectation. Circumstances that reasonably justify the expectation that
a communication is not subject to interception include the use of a
cordless telephone or cellular communication device.
(p) "Wire communication" means any human speech used to communicate by
one party to another in whole or in part through the use of facilities for
the transmission of communications by wire, cable or other like
connection between the point of origin and the point of reception
furnished or operated by a communications common carrier.
(q) "Privileged communications" means a private
communication between:
(1) a licensed and practicing physician and a patient | ||
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(2) a licensed and practicing psychologist to a | ||
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(3) a licensed and practicing attorney-at-law and a | ||
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(4) a practicing clergyman and a confidant within the | ||
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(5) a practicing journalist within the scope of his | ||
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(6) spouses within the scope of their marital | ||
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(7) a licensed and practicing social worker to a | ||
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(r) "Retired law
enforcement officer" means a person: (1) who is a graduate of a
police training institute or academy, who after graduating served for
at least 15 consecutive years as a sworn, full-time peace officer
qualified to carry firearms for any federal or State department or
agency or for any unit of local government of Illinois; (2) who has
retired as a local, State, or federal peace officer in a
publicly created peace officer retirement system; and (3) whose
service in law enforcement was honorably terminated through
retirement or disability and not as a result of discipline, suspension,
or discharge.
(Source: P.A. 102-538, eff. 8-20-21.)
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(725 ILCS 5/108B-1.5)
Sec. 108B-1.5.
Retired law enforcement officer.
Nothing in this
Article authorizes a retired law enforcement officer to display or use a
firearm at any time.
(Source: P.A. 92-863, eff. 1-3-03.)
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(725 ILCS 5/108B-2) (from Ch. 38, par. 108B-2)
Sec. 108B-2. Request for application for interception.
(a) A State's Attorney may apply for an order
authorizing interception of private communications in
accordance with the provisions of this Article.
(b) The head of a law enforcement agency, including, for purposes of
this subsection, the acting head of such law enforcement agency if the head
of such agency is absent or unable to serve, may request that a State's
Attorney apply for an order authorizing
interception of private communications in accordance with
the provisions of this Article.
Upon request of a law enforcement agency, the Illinois State Police may provide
technical assistance to such an agency which is authorized to conduct an
interception.
(Source: P.A. 102-538, eff. 8-20-21.)
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(725 ILCS 5/108B-2a) (from Ch. 38, par. 108B-2a)
Sec. 108B-2a.
Authorized disclosure or use of information.
(a) Any law
enforcement officer who, by any means authorized in this Article, has
obtained knowledge of the contents of any conversation overheard or
recorded by use of an eavesdropping device or evidence derived therefrom,
may disclose such contents to another law enforcement officer or
prosecuting attorney to the extent that such disclosure is appropriate to
the proper performance of the official duties of the person making or
receiving the disclosure.
(b) Any investigative officer, including any attorney authorized by law
to prosecute or participate in the prosecution of offenses enumerated in
Section 108B-3 of this Act or law
enforcement officer who, by any means
authorized in this Article, has obtained knowledge of the contents of any
conversation overheard or recorded by use of an eavesdropping device or
evidence derived therefrom, may use the contents to the extent such use is
appropriate to the proper performance of his official duties.
(c) Admissibility into evidence in any judicial, administrative, or
legislative proceeding shall be as elsewhere described in this Article.
(Source: P.A. 85-1203.)
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(725 ILCS 5/108B-3) (from Ch. 38, par. 108B-3) Sec. 108B-3. Authorization for the interception of private
communication. (a) The State's Attorney, or a person
designated in writing or
by law to act for him and to perform his duties during his absence or
disability, may authorize, in writing, an ex parte application to the chief
judge of a court of competent jurisdiction for an order authorizing the
interception of a private communication when no
party has consented to
the interception and (i) the interception may provide evidence of, or may
assist in the apprehension of a person who has committed, is committing or
is about to commit, a violation of Section 8-1(b) (solicitation of murder),
8-1.2 (solicitation of murder for hire), 9-1 (first degree murder), 10-9 (involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons), paragraph (1), (2), or (3) of subsection (a) of Section 11-14.4 (promoting juvenile prostitution), subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 (promoting prostitution), 11-15.1 (soliciting for a minor engaged in prostitution), 11-16 (pandering), 11-17.1 (keeping a place of juvenile prostitution), 11-18.1 (patronizing a minor engaged in prostitution), 11-19.1 (juvenile pimping and aggravated juvenile pimping), or 29B-1
(money laundering) of the Criminal Code of 1961 or the Criminal Code of 2012,
Section 401, 401.1 (controlled substance
trafficking), 405, 405.1 (criminal drug conspiracy) or 407 of the Illinois
Controlled Substances Act or any Section of the Methamphetamine Control and Community Protection Act, a violation of Section 24-2.1, 24-2.2,
24-3,
24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), 24-1(a)(6),
24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the Criminal Code of 1961 or the Criminal Code of 2012
or conspiracy to commit money laundering or
conspiracy to commit first degree murder; (ii)
in response to a clear and present danger of imminent death or great bodily
harm to persons resulting from: (1) a kidnapping or the holding of a
hostage by force or the threat of the imminent use of force; or (2) the
occupation by force or the threat of the imminent use of force of any
premises, place, vehicle, vessel or aircraft; (iii) to aid an investigation
or prosecution of a civil action brought under the Illinois Streetgang
Terrorism Omnibus Prevention Act when there is probable cause to
believe the
interception of the private communication will
provide evidence that a
streetgang is committing, has committed, or will commit a second or subsequent
gang-related offense or that the interception of the private
communication
will aid in the collection of a judgment entered under that Act; or (iv)
upon
information and belief that a streetgang has committed, is committing, or is
about to commit a felony. (b) The State's Attorney or a person designated in writing or by law to
act for the State's Attorney and to perform his or her duties during his or her
absence or disability, may authorize, in writing, an ex parte application to
the chief judge of a circuit court for an order authorizing
the interception of a private communication when no
party has consented to the interception and the interception may provide
evidence of, or may assist in the apprehension of a person who has committed,
is committing or is about to commit, a violation of an offense under Article
29D of the Criminal Code of 1961 or the Criminal Code of 2012. (b-1) Subsection (b) is inoperative on and after January 1, 2005. (b-2) No conversations recorded or monitored pursuant to subsection (b)
shall be made inadmissible in a court of law by virtue of subsection (b-1). (c) As used in this Section, "streetgang" and "gang-related" have the
meanings ascribed to them in Section 10 of the Illinois Streetgang Terrorism
Omnibus Prevention Act.(Source: P.A. 96-710, eff. 1-1-10; 96-1464, eff. 8-20-10; 97-897, eff. 1-1-13; 97-1150, eff. 1-25-13.) |
(725 ILCS 5/108B-4) (from Ch. 38, par. 108B-4)
Sec. 108B-4.
Application for order of interception.
(a) Each application for an order of authorization to intercept a private
communication shall be made in writing upon oath
or affirmation and shall include:
(1) the authority of the applicant to make the | ||
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(2) the identity of the electronic criminal | ||
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(3) the facts relied upon by the applicant including:
(i) the identity of the particular person, if | ||
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(ii) the details as to the particular offense | ||
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(iii) the particular type of private | ||
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(iv) except as provided in Section 108B-7.5, a | ||
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(v) except as provided in Section 108B-7.5, the | ||
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(vi) the objective of the investigation;
(vii) a statement of the period of time for which | ||
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(viii) a particular statement of facts showing | ||
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(4) where the application is for the extension of an | ||
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(5) a statement of the facts concerning all previous | ||
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(6) a proposed order of authorization for | ||
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(7) such additional statements of facts in support of | ||
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(b) As part of the consideration of that part of an application for which
there is no corroborative evidence offered, the chief judge may inquire in
camera
as to the identity of any informant or request any other additional information
concerning the basis upon which the State's Attorney,
or the head of the
law enforcement agency
has relied in making an application or a request for application for the
order of authorization which
the chief judge finds relevant
to the determination of probable cause under this Article.
(Source: P.A. 92-854, eff. 12-5-02.)
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(725 ILCS 5/108B-5) (from Ch. 38, par. 108B-5)
Sec. 108B-5. Requirements for order of interception.
(a) Upon consideration of an application, the chief judge may enter an
ex parte order, as requested or as modified, authorizing the interception of
a private communication, if the chief judge determines on the basis of the
application submitted by the applicant, that:
(1) There is probable cause for belief that (A) the | ||
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(2) There is probable cause for belief that a | ||
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(3) Normal investigative procedures with respect to | ||
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(4) The electronic criminal surveillance officers to | ||
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(b) In the case of an application, other than for an extension, for an
order to intercept a communication of a person or on a wire communication
facility that was the subject of a previous order authorizing interception,
the application shall be based upon new evidence or information different from
and in addition to the evidence or information offered to support the prior
order, regardless of whether the evidence was derived from prior interceptions
or from other sources.
(c) The chief judge may authorize interception of a private
communication anywhere in the judicial circuit. If the
court authorizes
the use of an eavesdropping device with respect to a vehicle, watercraft,
or aircraft that is within the judicial circuit at the time the order is
issued, the order may provide that the interception may continue anywhere
within the State if the vehicle, watercraft, or aircraft leaves the
judicial circuit.
(Source: P.A. 102-538, eff. 8-20-21.)
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(725 ILCS 5/108B-6) (from Ch. 38, par. 108B-6)
Sec. 108B-6.
Privileged communications.
Nothing in this Article shall
be construed to authorize the interception, disclosure or use of
information obtained from privileged communications.
(Source: P.A. 85-1203.)
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(725 ILCS 5/108B-7) (from Ch. 38, par. 108B-7)
Sec. 108B-7.
Contents of order for use of eavesdropping device.
(a) Each order authorizing the interception of a private
communication shall state:
(1) the chief judge is authorized to issue the order;
(2) the identity of, or a particular description of, | ||
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(3) the character and location of the particular wire | ||
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(4) a particular description of the type of private | ||
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(5) the identity and certification of the electronic | ||
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(6) the period of time during which the interception | ||
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(b) No order entered under this Section shall authorize the interception
of private communications for a period of time in
excess of that necessary
to achieve the objective of the authorization. Every order entered under
this Section shall require that the interception begin and terminate as
soon as practicable and be conducted in such a manner as to minimize the
interception of communications not otherwise subject to interception. No
order, other than for an extension, entered under this Section may authorize
the interception of private communications for
any
period exceeding
30 days. Extensions of an order may be granted for periods of not more than 30
days.
No extension shall be granted unless an application for it is made in
accordance
with Section 108B-4 and the judge makes the findings required by Section
108B-5 and, where necessary, Section 108B-6.
(c) Whenever an order authorizing an interception is entered, the order
shall require reports to be made to the chief judge who issued the order
showing
what progress has been made toward achievement of the authorized objective
and the need for continued interception. The reports shall be made at such
intervals as the judge may require.
(d) An order authorizing the interception of a private
communication
shall, upon request of the applicant, direct that a communications common
carrier, landlord, owner, building operator, custodian, or other person furnish
the applicant forthwith all information, facilities and technical assistance
necessary to accomplish the interception unobtrusively and with
a minimum of interference with the services that the carrier, owner, building
operator, landlord, custodian, or person is affording the person whose
communication
is to be intercepted. The obligation of a communications common carrier
under the order may include conducting an in-progress trace during an
interception.
Any communications common carrier, landlord, owner, building operator,
custodian,
or person
furnishing the facilities or technical assistance shall be compensated by
the applicant at the prevailing rates.
(e) A communications common carrier, landlord, owner, building operator,
custodian, or other person who has been provided with an order issued under
this Article shall not disclose the existence of the order of interception,
or of a device used to accomplish the interception unless:
(1) he is required to do so by legal process; and
(2) he has given prior notification to the State's | ||
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(f) An order authorizing the interception of a private
communication
shall, upon the request of the applicant, authorize the entry into the place
or facilities by electronic criminal surveillance officers as often as
necessary
for the purpose of installing, maintaining or removing an intercepting device
where the entry is necessary to conduct or complete the interception.
The chief judge who issues the order shall be notified of the fact of each
entry
prior to entry, if practicable, and, in any case, within 48 hours of entry.
(g) (1) Notwithstanding any provision of this Article, any chief judge of a
court of competent jurisdiction to which any application is made under this
Article may take any evidence, make any finding, or issue any order to conform
the proceedings or the issuance of any order to the Constitution of the
United States, or of any law of the United States or to the Constitution of the
State of Illinois or to the laws of Illinois.
(2) When the language of this Article is the same or similar to the language
of Title III of P.L. 90-351 (82 Stat. 211 et seq., codified at, 18 U.S.C.
2510 et seq.), the courts of this State in construing this Article shall
follow the construction given to Federal law by the United States Supreme
Court or United States Court of Appeals for the Seventh Circuit.
(Source: P.A. 92-854, eff. 12-5-02.)
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(725 ILCS 5/108B-7.5)
Sec. 108B-7.5. Applicability.
(a) The requirements of
subdivisions (a)(3)(iv) and (a)(3)(v) of Section 108B-4, subdivision (1)(b) of
Section 108B-5, and subdivision (a)(3) of Section 108B-7 of this Article
relating to the specification of
the facilities from which, or the place where, the communication is to be
intercepted do not apply if:
(1) in the case of an application with respect to the | ||
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(A) the application is by the State's Attorney, | ||
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(B) the application contains a full and complete | ||
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(C) the judge finds that such specification is | ||
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(D) the order sought is in connection with an | ||
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(2) in the case of an application with respect to a | ||
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(A) the application is by the State's Attorney, | ||
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(B) the application identifies the person | ||
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(C) the judge finds that such showing has been | ||
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(D) the order authorizing or approving the | ||
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(E) the order sought is in connection with an | ||
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(b) An interception of a communication under an order with respect to which
the requirements of
subdivisions (a)(3)(iv) and (a)(3)(v) of Section 108B-4, subdivision (1)(b) of
Section 108B-5, and subdivision (a)(3) of Section 108B-7 of this Article do
not apply by reason of this Section
shall not begin until the place where the communication is to be intercepted is
ascertained by the person implementing the interception order. A provider of
wire or electronic communications service that has received an order as
provided for in subdivision (a)(2) may upon notice to the People move the court
to modify or quash the
order on the ground that its assistance with respect to the interception cannot
be performed in a timely or reasonable fashion. The court
shall decide such a motion expeditiously.
(Source: P.A. 97-1150, eff. 1-25-13.)
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(725 ILCS 5/108B-8) (from Ch. 38, par. 108B-8)
Sec. 108B-8. Emergency use of eavesdropping device.
(a) Whenever,
upon informal application by the State's Attorney,
a chief judge of competent jurisdiction determines that:
(1) there may be grounds upon which an order could be | ||
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(2) there is probable cause to believe that an | ||
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(3) there is probable cause to believe that a | ||
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(b) Interception under oral approval under this Section shall immediately
terminate when the communication sought is obtained or when the application
for an order is denied, whichever is earlier.
(c) In the event no formal application for an order is subsequently made
under this Section,
the content of any private communication
intercepted under oral approval
under this Section shall be treated as having been obtained in violation
of this Article.
(d) In the event no application for an order is made under this Section
or an application made under this Section is subsequently denied, the judge
shall cause an
inventory to be served under Section 108B-11 of this Article and shall require
the tape or other recording of the intercepted communication to be delivered
to, and sealed by, the judge. The evidence shall be retained by the court,
and it shall not be used or disclosed in any legal proceeding, except a
civil action brought by an aggrieved person under Section 14-6 of the Criminal
Code of 1961 or the Criminal Code of 2012, or as otherwise authorized by the order of a court of competent
jurisdiction. In addition to other remedies or penalties provided by law,
failure to deliver any tape or other recording to the chief judge shall be
punishable
as contempt by the judge directing the delivery.
(Source: P.A. 97-1150, eff. 1-25-13.)
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(725 ILCS 5/108B-9) (from Ch. 38, par. 108B-9)
Sec. 108B-9.
Recordings, records and custody.
(a) Any private
communication intercepted in accordance with this Article shall, if
practicable, be recorded by tape or other comparable method. The recording
shall, if practicable, be done in such a way as will protect it from
editing or other alteration. During an interception, the interception
shall be carried out by an electronic criminal surveillance officer, and,
if practicable, such officer shall keep a signed, written record, including:
(1) the date and hours of surveillance;
(2) the time and duration of each intercepted | ||
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(3) the parties, if known, to each intercepted | ||
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(4) a summary of the contents of each intercepted | ||
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(b) Immediately upon the expiration of the order or its extensions, the
tapes and other recordings shall be transferred to the chief judge issuing the
order and sealed under his direction. Custody of the tapes, or other
recordings, shall be maintained wherever the chief judge directs. They
shall not be destroyed except upon an order of a court of competent
jurisdiction and in any event shall be kept for 10 years. Duplicate tapes
or other recordings may be made for disclosure or use under paragraph (a)
of Section 108B-2a of this Article. The presence of the seal provided by
this Section, or a satisfactory explanation for its absence, shall be a
prerequisite for the disclosure of the contents of any private
communication, or evidence derived from it, under
paragraph (b) of Section 108B-2a of this Article.
(Source: P.A. 92-854, eff. 12-5-02.)
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(725 ILCS 5/108B-10) (from Ch. 38, par. 108B-10)
Sec. 108B-10.
Applications, orders, and custody.
(a) Applications made
and orders granted under this Article for the interception of private
communications shall be sealed by the chief judge issuing or denying them and
held in custody as the judge shall direct. The applications and orders
shall be kept for a period of 10 years. Destruction of the applications
and orders prior to the expiration of that period of time may be made only
upon the order of
a court of competent jurisdiction. Disclosure of the applications and orders
may be ordered by a court of competent jurisdiction on a showing of good
cause.
(b) The electronic criminal surveillance officer shall retain a copy of
applications
and orders for the interception of private
communications. The applications
and orders shall be kept for a period of 10 years. Destruction of the
applications
and orders prior to the expiration of that period of time may be made only
upon an order of a
court of competent jurisdiction. Disclosure and use of the applications
and orders may be made by an electronic criminal surveillance officer only
in the proper performance of his official duties.
(c) In addition to any other remedies or penalties provided by law,
any violation of this Section shall be punishable as contempt of court.
(Source: P.A. 92-854, eff. 12-5-02.)
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(725 ILCS 5/108B-11) (from Ch. 38, par. 108B-11)
Sec. 108B-11. Inventory.
(a) Within a reasonable period of time but
not later than 90 days after the termination of the period of the order,
or its extensions, or the date of the denial of an application made under
Section 108B-8, the chief judge issuing or denying the order or extension shall
cause an inventory to be served on any person:
(1) named in the order;
(2) arrested as a result of the interception of his | ||
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(3) indicted or otherwise charged as a result of the | ||
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(4) whose private communication was intercepted and | ||
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(b) The inventory under this Section shall include:
(1) notice of the entry of the order or the | ||
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(2) the date of the entry of the order or the denial | ||
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(3) the period of authorized or disapproved | ||
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(4) the fact that during the period a private | ||
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(c) A court of competent jurisdiction, upon filing of a motion, may
in its discretion make available to those persons or their attorneys for
inspection those portions of the intercepted communications, applications
and orders as the court determines to be in the interest of justice.
(d) On an ex parte showing of good cause to a court of competent
jurisdiction, the serving of the inventories required by this Section
may be postponed for a period not to exceed 12 months.
(Source: P.A. 95-331, eff. 8-21-07.)
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(725 ILCS 5/108B-12) (from Ch. 38, par. 108B-12)
Sec. 108B-12.
Approval, notice, suppression.
(a) If an electronic
criminal surveillance officer, while intercepting a private
communication
in accordance with the provision of this Article, intercepts a private
communication that relates to an offense other than an
offense enumerated
in Section 108B-3 of the Act, or relates to an offense enumerated in Section
108B-3 but not specified in the order of authorization,
the State's Attorney,
or a person designated in writing or by law to act for him, may, in order
to permit the disclosure or use of the information under Section 108B-2a of
this Act, make a motion for an order
approving the interception. The chief judge of a court of competent
jurisdiction
shall enter an order approving the interception if he finds that at the
time of the application, there existed probable cause to believe that a
person whose private communication was
intercepted
was committing or
had committed an offense and the content of the communication relates to
that offense, and that the communication
was otherwise intercepted in accordance with the provisions of this Article.
(b) An intercepted private communication, or
evidence derived from
it, may not be received in evidence or otherwise disclosed in an official
proceeding unless each aggrieved person who is a party in the official
proceeding,
including any proceeding before a legislative, judicial, administrative
or other governmental agency or official authorized to hear evidence under
oath or other person taking testimony or depositions in any such proceeding,
other than a grand jury, has, not less than 10 days
before the official proceeding, been furnished with a copy of the court
order, and the accompanying application, under which the interception was
authorized or approved. The 10 day period may be waived by the presiding
official if he finds that it was not practicable to furnish the person with
the information 10 days before the proceeding, and that the person will
not be or has not been prejudiced by delay in receiving the information.
(c) An aggrieved person in an official proceeding may make a motion under
this Section to suppress the contents of an intercepted private
communication,
or evidence derived from it, on the grounds that:
(1) the communication was unlawfully intercepted;
(2) the order of authorization or approval under | ||
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(3) the interception was not made in conformity with | ||
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(d) If a motion under this Section duly alleges that the evidence sought
to be suppressed in an official proceeding, including a grand jury, has
been derived from an unlawfully intercepted private
communication,
and if the aggrieved person who is a party has not been served with notice
of the interception
under this Section, the opponent of the allegation shall, after conducting
a thorough search of its files, affirm or deny the occurrence of the alleged
unlawful interception, but no motion shall be considered if the alleged
unlawful interception took place more than 5 years before the event to
which the evidence relates.
(e) Where a motion is duly made under this Section prior to the appearance
of a witness before a grand jury, the opponent of the motion may make such
applications and orders as it has available to the chief judge of a court of
competent
jurisdiction in camera, and if the judge determines that there is no defect
in them sufficient on its face to render them invalid, the judge shall inform
the witness that he has not been the subject of an unlawful interception.
If the judge determines that there is a defect in them sufficient on its
face to render them invalid, he shall enter an order prohibiting any question
being put to the witness based on the unlawful interception.
(f) Motions under this Section shall be made prior to the official
proceeding
unless there was no opportunity to make the motion or unless the aggrieved
person who is a party was not aware of the grounds for the motion. Motions
by co-indictees
shall, on motion of the People, be heard in a single consolidated hearing.
(g) A chief judge of a court of competent jurisdiction, upon the filing of a
motion by an aggrieved person who is a party under this Section, except before
a grand
jury, may make available for inspection by the aggrieved person or his attorney
such portions of the intercepted private communications, applications and
orders
or the evidence derived from them as the judge determines to be in the interest
of justice.
(h) If a motion under this Section is granted, the intercepted private communication, and evidence derived from it, may not be received in
evidence in an official proceeding, including a grand jury.
(i) In addition to any other right of appeal, the People shall have the
right to appeal from an order granting a motion to suppress if the official
to whom the order authorizing the interception was granted certifies to
the court that the appeal is not taken for purposes of delay. The appeal
shall otherwise be taken in accordance with the law.
(Source: P.A. 92-854, eff. 12-5-02.)
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(725 ILCS 5/108B-13) (from Ch. 38, par. 108B-13)
Sec. 108B-13. Reports concerning use of eavesdropping devices.
(a) Within 30 days after the expiration of an order and each extension
thereof
authorizing an interception, or within 30 days after the denial of an
application or disapproval of an application subsequent to any alleged
emergency situation, the State's Attorney shall report to the Illinois
State Police the following:
(1) the fact that such an order, extension, or | ||
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(2) the kind of order or extension applied for;
(3) a statement as to whether the order or extension | ||
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(4) the period authorized by the order or extensions | ||
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(5) the offense enumerated in Section 108B-3 which is | ||
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(6) the identity of the applying electronic criminal | ||
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(7) the nature of the facilities from which or the | ||
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(b) In January of each year the State's Attorney of each county in which
an interception occurred pursuant to the provisions of this Article shall
report to the Illinois State Police the following:
(1) a general description of the uses of | ||
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(2) the number of arrests resulting from authorized | ||
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(3) the number of trials resulting from such uses of | ||
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(4) the number of motions to suppress made with | ||
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(5) the number of convictions resulting from such | ||
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On or before March 1 of each year, the Director of the Illinois
State Police shall submit to the Governor a report of all intercepts as
defined herein conducted pursuant to this Article and terminated during the
preceding calendar year. Such report shall include:
(1) the reports of State's Attorneys forwarded to the | ||
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(2) the number of Illinois State Police personnel | ||
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(3) the number of Illinois State Police and other law | ||
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(4) the number of electronic criminal surveillance | ||
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(5) the total cost to the Illinois State Police of | ||
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(6) a summary of the use of eavesdropping devices | ||
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(d) In April of each year, the Director of the Illinois State
Police and the Governor shall each transmit to the General
Assembly reports including information on the number of applications for
orders authorizing the use of eavesdropping devices, the number of orders
and extensions granted or denied during the preceding calendar year, the
convictions arising out of such uses, and a summary of the information
required by subsections (a) and (b) of this Section.
The requirement for reporting to the General Assembly shall be satisfied
by filing copies of the report as
required by Section 3.1 of the General Assembly Organization Act, and filing
such
additional copies with the State Government Report Distribution Center for
the General Assembly as is required under paragraph (t) of Section 7 of the
State Library Act.
(Source: P.A. 102-538, eff. 8-20-21.)
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(725 ILCS 5/108B-14) (from Ch. 38, par. 108B-14)
Sec. 108B-14. Training.
(a) The Director of the Illinois State Police shall:
(1) Establish a course of training in the legal, | ||
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(2) Issue regulations as he finds necessary for the | ||
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(3) In cooperation with the Illinois Law Enforcement | ||
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(4) In cooperation with the Illinois Law Enforcement | ||
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(b) The Executive Director of the Illinois Law Enforcement Training
Standards Board shall:
(1) Pursuant to the Illinois Police Training Act, | ||
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(2) Assist the Illinois State Police in establishing | ||
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(Source: P.A. 102-538, eff. 8-20-21.)
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(725 ILCS 5/Tit. III heading) TITLE III.
PROCEEDINGS AFTER ARREST
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(725 ILCS 5/Art. 109 heading) ARTICLE 109.
PRELIMINARY EXAMINATION
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(725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
Sec. 109-1. Person arrested; release from law enforcement custody and court appearance; geographic constraints prevent in-person appearances.
(a) A person arrested with or without a warrant for an offense for which pretrial release may be denied under paragraphs (1) through (6) of Section 110-6.1 shall be taken without
unnecessary delay before the nearest and most accessible judge
in that county, except when such county is a participant in a
regional jail authority, in which event such person may be taken to the
nearest and most accessible judge, irrespective of the county where such
judge presides,
within 48 hours, and a charge shall be filed.
Whenever a person arrested either with or without a warrant is required
to be taken
before a judge, a charge
may be filed against such person by way of a two-way audio-visual communication system, except that a hearing to deny pretrial release to the defendant may
not be conducted by two-way audio-visual communication system unless the accused 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.
(a-1) Law enforcement shall issue a citation in lieu of custodial arrest, upon proper identification, for those accused of any offense that is not a felony or Class A misdemeanor unless (i) a law enforcement officer reasonably believes the accused poses a threat to the community or any person, (ii) a custodial arrest is necessary because the criminal activity persists after the issuance of a citation, or (iii) the accused has an obvious medical or mental health issue that poses a risk to the accused's own safety. Nothing in this Section requires arrest in the case of Class A misdemeanor and felony offenses, or otherwise limits existing law enforcement discretion to decline to effect a custodial arrest. (a-3) A person arrested with or without a warrant for an offense for which pretrial release may not be denied may, except as otherwise provided in this Code, be released by a law enforcement officer without appearing before a judge. A presumption in favor of pretrial release shall be applied by an arresting officer in the exercise of his or her discretion under this Section. (a-5) A person charged with an offense shall be allowed counsel at the hearing at which pretrial release is determined under Article 110 of this Code. If the defendant desires counsel for his or her initial appearance but is unable to obtain counsel, the court shall appoint a public defender or licensed attorney at law of this State to represent him or her. (b) Upon initial appearance of a person before the court, the judge shall:
(1) inform the defendant of the charge against him | ||
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(2) advise the defendant of his right to counsel and | ||
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(3) schedule a preliminary hearing in appropriate | ||
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(4) admit the defendant to pretrial release in | ||
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(5) order the confiscation of the person's passport | ||
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(c) The court may issue an order of protection in accordance with
the provisions of Article 112A of this Code. Crime victims shall be given notice by the State's Attorney's office of this hearing as required in paragraph (2) of subsection (b) of Section 4.5 of the Rights of Crime Victims and Witnesses Act and shall be informed of their opportunity at this hearing to obtain an order of protection under Article 112A of this Code.
(d) At the initial appearance of a defendant in any criminal proceeding, the court must advise the defendant in open court that any foreign national who is arrested or detained has the right to have notice of the arrest or detention given to his or her country's consular representatives and the right to communicate with those consular representatives if the notice has not already been provided. The court must make a written record of so advising the defendant. (e) If consular notification is not provided to a defendant before his or her first appearance in court, the court shall grant any reasonable request for a continuance of the proceedings to allow contact with the defendant's consulate. Any delay caused by the granting of the request by a defendant shall temporarily suspend for the time of the delay the period within which a person shall be tried as prescribed by subsection (a), (b), or (e) of Section 103-5 of this Code and on the day of the expiration of delay the period shall continue at the point at which it was suspended. (f) At the hearing at which conditions of pretrial release are determined, the person charged shall be present in person rather than by two-way audio-video communication system unless the accused 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. (g) Defense counsel shall be given adequate opportunity to confer with the defendant prior to any hearing in which conditions of release or the detention of the defendant is to be considered, with a physical accommodation made to facilitate attorney/client consultation. If defense counsel needs to confer or consult with the defendant during any hearing conducted via a two-way audio-visual communication system, such consultation shall not be recorded and shall be undertaken consistent with constitutional protections. (Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22; 102-1104, eff. 1-1-23.)
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(725 ILCS 5/109-1.1) (from Ch. 38, par. 109-1.1)
Sec. 109-1.1.
Whenever a person arrested either with or without a
warrant is taken before a judge as provided for in Sections 107-9(d)(6)
and 109-1(a), the judge shall ask the arrestee whether he or she has any
children under 18 years old living with him or her
who may be neglected as a result of the arrest, incarceration or otherwise.
If the judge has reasonable cause to believe that a child may be a neglected
child as defined in the Abused and Neglected Child Reporting Act, he
shall instruct a probation officer to report it immediately to the Department
of Children and Family Services as provided in that Act.
(Source: P.A. 99-78, eff. 7-20-15.)
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(725 ILCS 5/109-2) (from Ch. 38, par. 109-2)
Sec. 109-2. Person arrested in another county. (a) Any person arrested in a county other than the one in which a warrant
for his arrest was issued shall be taken without unnecessary delay before
the nearest and most accessible judge in the county where the arrest was
made or, if no additional delay is created, before the nearest and most
accessible judge in the county from which the warrant was issued. The judge may hold a hearing to determine if the
defendant is the same person as named in the warrant.
(b) Notwithstanding the provisions of subsection (a), any person
arrested in a county other than the one in which a warrant for his arrest
was issued, may waive the right to be taken before a judge in the county
where the arrest was made. If a person so arrested waives such right, the
arresting agency shall surrender such person to a law enforcement agency of
the county that issued the warrant without unnecessary delay. The
provisions of Section 109-1 shall then apply to the person so arrested.
(c) If a person is taken before a judge in any county and a warrant for arrest issued by another Illinois county exists for that person, the court in the arresting county shall hold for that person a detention hearing under Section 110-6.1, or other hearing under Section 110-5 or Section 110-6. (d) After the court in the arresting county has determined whether the person shall be released or detained on the arresting offense, the court shall then order the sheriff to immediately contact the sheriff in any county where any warrant is outstanding and notify them of the arrest of the individual. (e) If a person has a warrant in another county for an offense, then, no later than 5 calendar days after the end of any detention issued on the charge in the arresting county, the county where the warrant is outstanding shall do one of the following: (1) transport the person to the county where the | ||
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(2) quash the warrant and order the person released | ||
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(f) If the issuing county fails to take any action under subsection (e) within 5 calendar days, the defendant shall be released from custody on the warrant, and the circuit judge or associate circuit judge in the county of arrest shall set conditions of release under Section 110-5 and shall admit the defendant to pretrial release for his or her appearance before the court named in the warrant. Upon releasing the defendant, the circuit judge or associate circuit judge shall certify such a fact on the warrant and deliver the warrant and the acknowledgment by the defendant of his or her receiving the conditions of pretrial release to the officer having charge of the defendant from arrest and without delay deliver such warrant and such acknowledgment by the defendant of his or her receiving the conditions to the court before which the defendant is required to appear. (g) If a person has a warrant in another county, in lieu of transporting the person to the issuing county as outlined in subsection (e), the issuing county may hold the hearing by way of a two-way audio-visual communication system if the accused waives the right to be physically present 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. (h) If more than 2 Illinois county warrants exist, the judge in the county of arrest shall order that the process described in subsections (d) through (f) occur in each county in whatever order the judge finds most appropriate. Each judge in each subsequent county shall then follow the rules in this Section. (i) This Section applies only to warrants issued by Illinois state, county, or municipal courts. (j) When an issuing agency is contacted by an out-of-state agency of a person arrested for any offense, or when an arresting agency is contacted by or contacts an out-of-state issuing agency, the Uniform Criminal Extradition Act shall govern. (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
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(725 ILCS 5/109-3) (from Ch. 38, par. 109-3)
Sec. 109-3. Preliminary examination.
(a) The judge shall hold the defendant to answer to the court having
jurisdiction of the offense if from the evidence it appears there is
probable cause to believe an offense has been committed by the
defendant, as provided in Section 109-3.1 of this Code, if the offense is a felony.
(b) If the defendant waives preliminary examination the judge shall hold
him to answer and may, or on the demand of the prosecuting attorney shall,
cause the witnesses for the State to be examined. After hearing the
testimony if it appears that there is not probable cause to believe the
defendant guilty of any offense the judge shall discharge him.
(c) During the examination of any witness or when the defendant is
making a statement or testifying the judge may and on the request of the
defendant or State shall exclude all other witnesses. He may also cause the
witnesses to be kept separate and to be prevented from communicating with
each other until all are examined.
(d) If the defendant is held to answer the judge may require any
material witness for the State or defendant to enter into a written
undertaking to appear at the trial. Any
witness who refuses to execute a recognizance may be committed by the judge
to the custody of the sheriff until trial or further order of the court
having jurisdiction of the cause. Any witness who executes a recognizance
and fails to comply with its terms commits a Class C misdemeanor.
(e) During preliminary hearing or examination the defendant may move for
an order of suppression of evidence pursuant to Section 114-11 or 114-12
of this Act or for other reasons, and may move for dismissal of the charge
pursuant to Section 114-1 of this Act or for other reasons.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
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(725 ILCS 5/109-3.1) (from Ch. 38, par. 109-3.1)
Sec. 109-3.1. Persons charged with felonies. (a) In any case involving a person charged with a felony in this State,
alleged to have been committed on or after January 1, 1984, the provisions
of this Section shall apply.
(b) Every person in custody in this State for the alleged commission of
a felony shall receive either a preliminary examination as provided in Section
109-3 or an indictment by Grand Jury as provided in Section 111-2, within
30 days from the date he or she was taken into custody. Every person released pretrial for the alleged commission of a felony shall receive
either a preliminary examination as provided in Section 109-3 or an indictment
by Grand Jury as provided in Section 111-2, within 60 days from the date he
or she was arrested.
The provisions of this paragraph shall not apply in the following situations:
(1) when delay is occasioned by the defendant; or
(2) when the defendant has been indicted by the Grand | ||
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(3) when a competency examination is ordered by the | ||
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(4) when a competency hearing is held; or
(5) when an adjudication of incompetency for trial | ||
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(6) when the case has been continued by the court | ||
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(c) Delay occasioned by the defendant shall temporarily suspend, for the
time of the delay, the period within which the preliminary examination must
be held. On the day of expiration of the delay the period in question shall
continue at the point at which it was suspended.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
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(725 ILCS 5/Art. 110 heading)
ARTICLE 110. PRETRIAL RELEASE
(Source: P.A. 101-652, eff. 1-1-23.)
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(725 ILCS 5/110-1) (from Ch. 38, par. 110-1)
Sec. 110-1. Definitions. As used in this Article: (a) (Blank).
(b) "Sureties" encompasses the nonmonetary requirements
set by the court as conditions for release either before or after
conviction.
(c) The phrase "for which a sentence of imprisonment, without
conditional and revocable release, shall be imposed by law as a consequence
of conviction" means an offense for which a sentence of imprisonment in the Department of Corrections,
without probation, periodic imprisonment or conditional discharge, is
required by law upon conviction.
(d)(Blank). (e) "Protective order" means any order of protection issued under Section 112A-14 of this Code or the Illinois Domestic Violence Act of 1986, a stalking no contact order issued under Section 80 of the Stalking No Contact Order Act, or a civil no contact order issued under Section 213 of the Civil No Contact Order Act. (f) "Willful flight" means intentional conduct with a purpose to thwart the judicial process to avoid prosecution. Isolated instances of nonappearance in court alone are not evidence of the risk of willful flight. Reoccurrence and patterns of intentional conduct to evade prosecution, along with any affirmative steps to communicate or remedy any such missed court date, may be considered as factors in assessing future intent to evade prosecution.
(Source: P.A. 102-813, eff. 5-13-22; 102-1104, eff. 1-1-23; 103-154, eff. 6-30-23.)
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(725 ILCS 5/110-1.5) Sec. 110-1.5. Abolition of monetary bail. On and after January 1, 2023, the requirement of posting monetary bail is abolished, except as provided in the Uniform Criminal Extradition Act, the Driver License Compact, or the Nonresident Violator Compact which are compacts that have been entered into between this State and its sister states.
(Source: P.A. 101-652, eff. 1-1-23.) |
(725 ILCS 5/110-2) (from Ch. 38, par. 110-2)
Sec. 110-2. Pretrial release. (a) All persons charged with an offense shall be eligible for pretrial release before conviction. It is presumed that a defendant is entitled to release on personal recognizance on the condition that the defendant attend all required court proceedings and the defendant does not commit any criminal offense, and complies with all terms of pretrial release, including, but not limited to, orders of protection under both Section 112A-4 of this Code and Section 214 of the Illinois Domestic Violence Act of 1986, all civil no contact orders, and all stalking no contact orders. Pretrial release may be denied only if a person is charged with an offense listed in Section 110-6.1 and after the court has held a hearing under Section 110-6.1, and in a manner consistent with subsections (b), (c), and (d) of this Section. (b) At all pretrial hearings, the prosecution shall have the burden to prove by clear and convincing evidence that any condition of release is necessary. (c) When it is alleged that pretrial release should be denied to a person upon the grounds that the person presents a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case, the burden of proof of such allegations shall be upon the State.
(d) When it is alleged that pretrial release should be denied to a person charged with stalking or aggravated stalking upon the grounds set forth in Section 110-6.3, the burden of proof of those allegations shall be upon the State. (e) This Section shall be liberally construed to effectuate the purpose of
relying on pretrial release by nonmonetary means to reasonably ensure an eligible person's appearance in court, the protection of the safety of any other person or the community, that the person will not attempt or obstruct the criminal justice process, and the person's compliance with all conditions of release, while authorizing the court, upon motion of a prosecutor, to order pretrial detention of the person under Section 110-6.1 when it finds clear and convincing evidence that no condition or combination of conditions can reasonably ensure the effectuation of these goals.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
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(725 ILCS 5/110-3) (from Ch. 38, par. 110-3)
Sec. 110-3. Options for warrant alternatives. (a) Upon failure to comply with any condition of pretrial release,
the court having jurisdiction at the time of such failure may, on its own motion or upon motion from the State, issue a summons or a warrant for the arrest of the person at liberty on pretrial release. This Section shall be construed to effectuate the goal of relying upon summonses rather than warrants to ensure the appearance of the defendant in court whenever possible. The contents of such a summons or warrant shall be the same as required for those issued upon complaint under Section 107-9. (b) A defendant who appears in court on the date assigned or within 48 hours of service, whichever is later, in response to a summons issued for failure to appear in court, shall not be recorded in the official docket as having failed to appear on the initial missed court date. If a person fails to appear in court on the date listed on the summons, the court may issue a warrant for the person's arrest. (c) For the purpose of any risk assessment or future evaluation of risk of willful flight or risk of failure to appear, a nonappearance in court cured by an appearance in response to a summons shall not be considered as evidence of future likelihood of appearance in court.
(Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22; 102-1104, eff. 1-1-23.)
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(725 ILCS 5/110-4)
Sec. 110-4. (Repealed).
(Source: P.A. 101-652, eff. 1-1-23. Repealed by P.A. 102-1104, eff. 1-1-23.)
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(725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
Sec. 110-5. Determining the amount of bail and conditions of release.
(a) In determining which conditions of pretrial release, if
any,
will reasonably ensure the appearance of a defendant as required or
the safety of any other person or the community and the likelihood of
compliance by the
defendant with all the conditions of pretrial release, the court shall, on the
basis of available information, take into account such matters as: (1) the nature and circumstances of the offense | ||
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(2) the weight of the evidence against the defendant, | ||
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(3) the history and characteristics of the defendant, | ||
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(A) the defendant's character, physical and | ||
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(B) whether, at the time of the current offense | ||
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(4) the nature and seriousness of the real and | ||
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(5) the nature and seriousness of the risk of | ||
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(6) when a person is charged with a violation of | ||
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(A) whether the alleged incident involved | ||
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(B) whether the person has a history of | ||
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(C) the mental health of the person; (D) whether the person has a history of | ||
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(E) whether the person has been, or is, | ||
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(F) whether the person has access to deadly | ||
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(G) whether the person has a history of | ||
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(H) the severity of the alleged incident that | ||
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(I) whether a separation of the person from | ||
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(J) whether the person has exhibited | ||
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(K) whether the person has expressed suicidal | ||
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(L) any other factors deemed by the court to | ||
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(7) in cases of stalking or aggravated stalking | ||
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(A) any evidence of the defendant's prior | ||
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(B) any evidence of the defendant's | ||
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(C) the nature of the threat that is the | ||
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(D) any statements made by, or attributed to, | ||
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(E) the age and physical condition of any | ||
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(F) whether the defendant is known to possess | ||
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(G) any other factors deemed by the court to have | ||
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(b) The court may use a regularly validated risk assessment tool to aid its determination of appropriate conditions of release as provided under Section 110-6.4. If a risk assessment tool is used, the defendant's counsel shall be provided with the information and scoring system of the risk assessment tool used to arrive at the determination. The defendant retains the right to challenge the validity of a risk assessment tool used by the court and to present evidence relevant to the defendant's challenge. (c) The court shall impose any conditions that are mandatory under subsection (a) of Section 110-10. The court may impose any conditions that are permissible under subsection (b) of Section 110-10. The conditions of release imposed shall be the least restrictive conditions or combination of conditions necessary to reasonably ensure the appearance of the defendant as required or the safety of any other person or persons or the community.
(d) When a person is charged with a violation of a protective order, the court may order the defendant placed under electronic surveillance as a condition of pretrial release, as provided in Section 5-8A-7 of the Unified Code of Corrections, based on the information collected under paragraph (6) of subsection (a) of this Section, the results of any assessment conducted, or other circumstances of the violation. (e) If a person remains in pretrial detention 48 hours after having been ordered released with pretrial conditions, the court shall hold a hearing to determine the reason for continued detention. If the reason for continued detention is due to the unavailability or the defendant's ineligibility for one or more pretrial conditions previously ordered by the court or directed by a pretrial services agency, the court shall reopen the conditions of release hearing to determine what available pretrial conditions exist that will reasonably ensure the appearance of a defendant as required, the safety of any other person, and the likelihood of compliance by the defendant with all the conditions of pretrial release. The inability of the defendant to pay for a condition of release or any other ineligibility for a condition of pretrial release shall not be used as a justification for the pretrial detention of that defendant. (f) Prior to the defendant's first appearance, and with sufficient time for meaningful attorney-client contact to gather information in order to advocate effectively for the defendant's pretrial release, the court shall appoint the public defender or a licensed attorney at law of this State to represent the defendant for purposes of that hearing, unless the defendant has obtained licensed counsel. Defense counsel shall have access to the same documentary information relied upon by the prosecution and presented to the court. (f-5) At each subsequent appearance of the defendant before the court, the judge must find that the current conditions imposed are necessary to reasonably ensure the appearance of the defendant as required, the safety of any other person, and the compliance of the defendant with all the conditions of pretrial release. The court is not required to be presented with new information or a change in circumstance to remove pretrial conditions. (g) Electronic monitoring, GPS monitoring, or home confinement can only be imposed as a condition of pretrial release if a no less restrictive condition of release or combination of less restrictive condition of release would reasonably ensure the appearance of the defendant for later hearings or protect an identifiable person or persons from imminent threat of serious physical harm. (h) If the court imposes electronic monitoring, GPS monitoring, or home confinement, the court shall set forth in the record the basis for its finding. A defendant shall be given custodial credit for each day he or she was subjected to home confinement, at the same rate described in subsection (b) of Section 5-4.5-100 of the Unified Code of Corrections. The court may give custodial credit to a defendant for each day the defendant was subjected to GPS monitoring without home confinement or electronic monitoring without home confinement. (i) If electronic monitoring, GPS monitoring, or home confinement is imposed, the court shall determine every 60 days if no less restrictive condition of release or combination of less restrictive conditions of release would reasonably ensure the appearance, or continued appearance, of the defendant for later hearings or protect an identifiable person or persons from imminent threat of serious physical harm. If the court finds that there are less restrictive conditions of release, the court shall order that the condition be removed. This subsection takes effect January 1, 2022. (j) Crime Victims shall be given notice by the State's Attorney's office of this hearing as required in paragraph (1) of subsection (b) of Section 4.5 of the Rights of Crime Victims and Witnesses Act and shall be informed of their opportunity at this hearing to obtain a protective order.
(k) The State and defendants may appeal court orders imposing conditions of pretrial release. (Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1104, eff. 1-1-23.)
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(725 ILCS 5/110-5.1) Sec. 110-5.1. (Repealed).(Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.) |
(725 ILCS 5/110-5.2) Sec. 110-5.2. Pretrial release; pregnant pre-trial detainee. (a) It is the policy of this State that a pre-trial detainee shall not be required to deliver a child while in custody absent a finding by the court that continued pre-trial custody is necessary to alleviate a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case, or prevent the defendant's willful flight. (b) If the court reasonably believes that a pre-trial detainee will give birth while in custody, the court shall order an alternative to custody unless, after a hearing, the court determines: (1) the pregnant pretrial detainee is charged with an | ||
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(2) after a hearing under Section 110-6.1 that | ||
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(c) Electronic Monitoring may be ordered by the court only if no less restrictive condition of release or combination of less restrictive conditions of release would reasonably ensure the appearance, or continued appearance, of the defendant for later hearings or protect an identifiable person or persons from imminent threat of serious physical harm. All pregnant people or those who have given birth within 6 weeks shall be granted ample movement to attend doctor's appointments and for emergencies related to the health of the pregnancy, infant, or postpartum person. (d) This Section shall be applicable to a pregnant pre-trial detainee in custody on or after the effective date of this amendatory Act of the 100th General Assembly.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.) |
(725 ILCS 5/110-6) (from Ch. 38, par. 110-6)
Sec. 110-6. Revocation of pretrial release, modification of conditions of pretrial release, and sanctions for violations of conditions of pretrial release. (a) When a defendant has previously been granted pretrial release under this Section for a felony or Class A misdemeanor, that pretrial release may be revoked only if the defendant is charged with a felony or Class A misdemeanor that is alleged to have occurred during the defendant's pretrial release after a hearing on the court's own motion or upon the filing of a verified petition by the State. When a defendant released pretrial is charged with a violation of a protective order or was previously convicted of a violation of a protective order and the subject of the protective order is the same person as the victim in the current underlying matter, the State shall file a verified petition seeking revocation of pretrial release. Upon the filing of a petition or upon motion of the court seeking revocation, the court shall order the transfer of the defendant and the petition or motion to the court before which the previous felony or Class A misdemeanor is pending. The defendant may be held in custody pending transfer to and a hearing before such court. The defendant shall be transferred to the court before which the previous matter is pending without unnecessary delay, and the revocation hearing shall occur within 72 hours of the filing of the State's petition or the court's motion for revocation. A hearing at which pretrial release may be revoked must be conducted in person (and not by way of two-way audio-visual communication) unless the accused 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. The court before which the previous felony matter or Class A misdemeanor is pending may revoke the defendant's pretrial release after a hearing. During the hearing for revocation, the defendant shall be represented by counsel and have an opportunity to be heard regarding the violation and evidence in mitigation. The court shall consider all relevant circumstances, including, but not limited to, the nature and seriousness of the violation or criminal act alleged. The State shall bear the burden of proving, by clear and convincing evidence, that no condition or combination of conditions of release would reasonably ensure the appearance of the defendant for later hearings or prevent the defendant from being charged with a subsequent felony or Class A misdemeanor. In lieu of revocation, the court may release the defendant pre-trial, with or without modification of conditions of pretrial release. If the case that caused the revocation is dismissed, the defendant is found not guilty in the case causing the revocation, or the defendant completes a lawfully imposed sentence on the case causing the revocation, the court shall, without unnecessary delay, hold a hearing on conditions of pretrial release pursuant to Section 110-5 and release the defendant with or without modification of conditions of pretrial release. Both the State and the defendant may appeal an order revoking pretrial release or denying a petition for revocation of release. (b) If a defendant previously has been granted pretrial release under this Section for a Class B or Class C misdemeanor offense, a petty or business offense, or an ordinance violation and if the defendant is subsequently charged with a felony that is alleged to have occurred during the defendant's pretrial release or a Class A misdemeanor offense that is alleged to have occurred during the defendant's pretrial release, such pretrial release may not be revoked, but the court may impose sanctions under subsection (c). (c) The court shall follow the procedures set forth in Section 110-3 to ensure the defendant's appearance in court if the defendant: (1) fails to appear in court as required by the | ||
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(2) is charged with a felony or Class A misdemeanor | ||
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(3) is charged with a Class B or C misdemeanor | ||
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(4) violates any other condition of pretrial release | ||
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In response to a violation described in this subsection, the court may issue a warrant specifying that the defendant must appear before the court for a hearing for sanctions and may not be released by law enforcement before that appearance. (d) When a defendant appears in court pursuant to a summons or warrant issued in accordance with Section 110-3 or after being arrested for an offense that is alleged to have occurred during the defendant's pretrial release, the State may file a verified petition requesting a hearing for sanctions. (e) During the hearing for sanctions, the defendant shall be represented by counsel and have an opportunity to be heard regarding the violation and evidence in mitigation. The State shall bear the burden of proving by clear and convincing evidence that: (1) the defendant committed an act that violated a | ||
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(2) the defendant had actual knowledge that the | ||
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(3) the violation of the court order was willful; and (4) the violation was not caused by a lack of access | ||
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(f) Sanctions for violations of pretrial release may include: (1) a verbal or written admonishment from the court; (2) imprisonment in the county jail for a period not | ||
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(3) (Blank); or (4) a modification of the defendant's pretrial | ||
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(g) The court may, at any time, after motion by either party or on its own motion, remove previously set conditions of pretrial release, subject to the provisions in this subsection. The court may only add or increase conditions of pretrial release at a hearing under this Section. The court shall not remove a previously set condition of pretrial release regulating contact with a victim or witness in the case, unless the subject of the condition has been given notice of the hearing as required in paragraph (1) of subsection (b) of Section 4.5 of the Rights of Crime Victims and Witnesses Act. If the subject of the condition of release is not present, the court shall follow the procedures of paragraph (10) of subsection (c-1) of the Rights of Crime Victims and Witnesses Act. (h) Crime victims shall be given notice by the State's Attorney's office of all hearings under this Section as required in paragraph (1) of subsection (b) of Section 4.5 of the Rights of Crime Victims and Witnesses Act and shall be informed of their opportunity at these hearings to obtain a protective order.
(i) Nothing in this Section shall be construed to limit the State's ability to file a verified petition seeking denial of pretrial release under subsection (a) of Section 110-6.1 or subdivision (d)(2) of Section 110-6.1. (j) At each subsequent appearance of the defendant before the court, the judge must find that continued detention under this Section is necessary to reasonably ensure the appearance of the defendant for later hearings or to prevent the defendant from being charged with a subsequent felony or Class A misdemeanor. (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
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(725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1) (Text of Section before amendment by P.A. 103-822) Sec. 110-6.1. Denial of pretrial release. (a) Upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release only if: (1) the defendant is charged with a felony offense | ||
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(1.5) the defendant's pretrial release poses a real | ||
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(2) the defendant is charged with stalking or | ||
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(3) the defendant is charged with a violation of an | ||
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(4) the defendant is charged with domestic battery or | ||
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(5) the defendant is charged with any offense under | ||
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(6) the defendant is charged with any of the | ||
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(A) Section 24-1.2 (aggravated discharge of a | ||
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(B) Section 24-2.5 (aggravated discharge of a | ||
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(C) Section 24-1.5 (reckless discharge of a | ||
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(D) Section 24-1.7 (armed habitual criminal); (E) Section 24-2.2 (manufacture, sale or | ||
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(F) Section 24-3 (unlawful sale or delivery of | ||
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(G) Section 24-3.3 (unlawful sale or delivery of | ||
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(H) Section 24-34 (unlawful sale of firearms by | ||
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(I) Section 24-3.5 (unlawful purchase of a | ||
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(J) Section 24-3A (gunrunning); (K) Section 24-3B (firearms trafficking); (L) Section 10-9 (b) (involuntary servitude); (M) Section 10-9 (c) (involuntary sexual | ||
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(N) Section 10-9(d) (trafficking in persons); (O) Non-probationable violations: (i) unlawful | ||
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(P) Section 9-3 (reckless homicide and | ||
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(Q) Section 19-3 (residential burglary); (R) Section 10-5 (child abduction); (S) Felony violations of Section 12C-5 (child | ||
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(T) Section 12-7.1 (hate crime); (U) Section 10-3.1 (aggravated unlawful | ||
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(V) Section 12-9 (threatening a public official); (W) Subdivision (f)(1) of Section 12-3.05 | ||
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(6.5) the defendant is charged with any of the | ||
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(A) Felony violations of Sections 3.01, 3.02, or | ||
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(B) Subdivision (d)(1)(B) of Section 11-501 of | ||
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(C) Subdivision (d)(1)(C) of Section 11-501 of | ||
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(D) Subdivision (d)(1)(D) of Section 11-501 of | ||
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(E) Subdivision (d)(1)(F) of Section 11-501 of | ||
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(F) Subdivision (d)(1)(J) of Section 11-501 of | ||
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(7) the defendant is charged with an attempt to | ||
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(8) the person has a high likelihood of willful | ||
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(A) Any felony described in subdivisions (a)(1) | ||
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(B) A felony offense other than a Class 4 | ||
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(b) If the charged offense is a felony, as part of the detention hearing, the court shall determine whether there is probable cause the defendant has committed an offense, unless a hearing pursuant to Section 109-3 of this Code has already been held or a grand jury has returned a true bill of indictment against the defendant. If there is a finding of no probable cause, the defendant shall be released. No such finding is necessary if the defendant is charged with a misdemeanor. (c) Timing of petition. (1) A petition may be filed without prior notice to | ||
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(2) Upon filing, the court shall immediately hold a | ||
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(d) Contents of petition. (1) The petition shall be verified by the State and | ||
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(2) If the State seeks to file a second or subsequent | ||
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(e) Eligibility: All defendants shall be presumed eligible for pretrial release, and the State shall bear the burden of proving by clear and convincing evidence that: (1) the proof is evident or the presumption great | ||
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(2) for offenses listed in paragraphs (1) through (7) | ||
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(3) no condition or combination of conditions set | ||
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(4) for offenses under subsection (b) of Section 407 | ||
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(f) Conduct of the hearings. (1) Prior to the hearing, the State shall tender to | ||
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(2) The State or defendant may present evidence at | ||
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(3) The defendant has the right to be represented by | ||
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(3.5) A hearing at which pretrial release may be | ||
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(4) If the defense seeks to compel the complaining | ||
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(5) The rules concerning the admissibility of | ||
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(6) The defendant may not move to suppress evidence | ||
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(7) Decisions regarding release, conditions of | ||
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(g) Factors to be considered in making a determination of dangerousness.
The court may, in determining whether the defendant poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case, consider, but
shall not be limited to, evidence or testimony concerning: (1) The nature and circumstances of any offense | ||
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(2) The history and characteristics of the defendant | ||
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(A) Any evidence of the defendant's prior | ||
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(B) Any evidence of the defendant's | ||
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(3) The identity of any person or persons to whose | ||
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(4) Any statements made by, or attributed to the | ||
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(5) The age and physical condition of the defendant. (6) The age and physical condition of any victim or | ||
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(7) Whether the defendant is known to possess or have | ||
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(8) Whether, at the time of the current offense or | ||
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(9) Any other factors, including those listed in | ||
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(h) Detention order. The court shall, in any order for detention: (1) make a written finding summarizing the court's | ||
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(2) direct that the defendant be committed to the | ||
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(3) direct that the defendant be given a reasonable | ||
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(4) direct that the sheriff deliver the defendant as | ||
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(i) Detention. If the court enters an order for the detention of the defendant
pursuant to subsection (e) of this Section, the defendant
shall be brought to trial on the offense for which he is
detained within 90 days after the date on which the order for detention was
entered. If the defendant is not brought to trial within the 90-day period
required by the preceding sentence, he shall not be denied pretrial release. In computing the 90-day period, the court shall omit any period of
delay resulting from a continuance granted at the request of the defendant and any period of delay resulting from a continuance granted at the request of the State with good cause shown pursuant to Section 103-5. (i-5) At each subsequent appearance of the defendant before the court, the judge must find that continued detention is necessary to avoid a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case, or to prevent the defendant's willful flight from prosecution. (j) Rights of the defendant. The defendant shall be entitled to appeal any
order entered under this Section denying his or her pretrial release. (k) Appeal. The State may appeal any order entered under this Section denying any
motion for denial of pretrial release. (l) Presumption of innocence. Nothing in this Section shall be construed as modifying or limiting
in any way the defendant's presumption of innocence in further criminal
proceedings. (m) Interest of victims. (1) Crime victims shall be given notice by the State's Attorney's office of this hearing as required in paragraph (1) of subsection (b) of Section 4.5 of the Rights of Crime Victims and Witnesses Act and shall be informed of their opportunity at this hearing to obtain a protective order. (2) If the defendant is denied pretrial release, the court may impose a no contact provision with the victim or other interested party that shall be enforced while the defendant remains in custody. (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.) (Text of Section after amendment by P.A. 103-822) Sec. 110-6.1. Denial of pretrial release. (a) Upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release only if: (1) the defendant is charged with a felony offense | ||
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(1.5) the defendant's pretrial release poses a real | ||
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(2) the defendant is charged with stalking or | ||
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(3) the defendant is charged with a violation of an | ||
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(4) the defendant is charged with domestic battery or | ||
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(5) the defendant is charged with any offense under | ||
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(6) the defendant is charged with any of the | ||
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(A) Section 24-1.2 (aggravated discharge of a | ||
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(B) Section 24-2.5 (aggravated discharge of a | ||
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(C) Section 24-1.5 (reckless discharge of a | ||
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(D) Section 24-1.7 (unlawful possession of a | ||
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(E) Section 24-2.2 (manufacture, sale or transfer | ||
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(F) Section 24-3 (unlawful sale or delivery of | ||
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(G) Section 24-3.3 (unlawful sale or delivery of | ||
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(H) Section 24-34 (unlawful sale of firearms by | ||
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(I) Section 24-3.5 (unlawful purchase of a | ||
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(J) Section 24-3A (gunrunning); (K) Section 24-3B (firearms trafficking); (L) Section 10-9 (b) (involuntary servitude); (M) Section 10-9 (c) (involuntary sexual | ||
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(N) Section 10-9(d) (trafficking in persons); (O) Non-probationable violations: (i) unlawful | ||
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(P) Section 9-3 (reckless homicide and | ||
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(Q) Section 19-3 (residential burglary); (R) Section 10-5 (child abduction); (S) Felony violations of Section 12C-5 (child | ||
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(T) Section 12-7.1 (hate crime); (U) Section 10-3.1 (aggravated unlawful | ||
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(V) Section 12-9 (threatening a public official); (W) Subdivision (f)(1) of Section 12-3.05 | ||
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(6.5) the defendant is charged with any of the | ||
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(A) Felony violations of Sections 3.01, 3.02, or | ||
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(B) Subdivision (d)(1)(B) of Section 11-501 of | ||
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(C) Subdivision (d)(1)(C) of Section 11-501 of | ||
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(D) Subdivision (d)(1)(D) of Section 11-501 of | ||
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(E) Subdivision (d)(1)(F) of Section 11-501 of | ||
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(F) Subdivision (d)(1)(J) of Section 11-501 of | ||
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(7) the defendant is charged with an attempt to | ||
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(8) the person has a high likelihood of willful | ||
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(A) Any felony described in subdivisions (a)(1) | ||
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(B) A felony offense other than a Class 4 | ||
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(b) If the charged offense is a felony, as part of the detention hearing, the court shall determine whether there is probable cause the defendant has committed an offense, unless a hearing pursuant to Section 109-3 of this Code has already been held or a grand jury has returned a true bill of indictment against the defendant. If there is a finding of no probable cause, the defendant shall be released. No such finding is necessary if the defendant is charged with a misdemeanor. (c) Timing of petition. (1) A petition may be filed without prior notice to | ||
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(2) Upon filing, the court shall immediately hold a | ||
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(d) Contents of petition. (1) The petition shall be verified by the State and | ||
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(2) If the State seeks to file a second or subsequent | ||
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(e) Eligibility: All defendants shall be presumed eligible for pretrial release, and the State shall bear the burden of proving by clear and convincing evidence that: (1) the proof is evident or the presumption great | ||
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(2) for offenses listed in paragraphs (1) through (7) | ||
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(3) no condition or combination of conditions set | ||
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(4) for offenses under subsection (b) of Section 407 | ||
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(f) Conduct of the hearings. (1) Prior to the hearing, the State shall tender to | ||
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(2) The State or defendant may present evidence at | ||
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(3) The defendant has the right to be represented by | ||
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(3.5) A hearing at which pretrial release may be | ||
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(4) If the defense seeks to compel the complaining | ||
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(5) The rules concerning the admissibility of | ||
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(6) The defendant may not move to suppress evidence | ||
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(7) Decisions regarding release, conditions of | ||
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(g) Factors to be considered in making a determination of dangerousness. The court may, in determining whether the defendant poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case, consider, but shall not be limited to, evidence or testimony concerning: (1) The nature and circumstances of any offense | ||
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(2) The history and characteristics of the defendant | ||
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(A) Any evidence of the defendant's prior | ||
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(B) Any evidence of the defendant's | ||
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(3) The identity of any person or persons to whose | ||
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(4) Any statements made by, or attributed to the | ||
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(5) The age and physical condition of the defendant. (6) The age and physical condition of any victim or | ||
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(7) Whether the defendant is known to possess or have | ||
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(8) Whether, at the time of the current offense or | ||
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(9) Any other factors, including those listed in | ||
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(h) Detention order. The court shall, in any order for detention: (1) make a written finding summarizing the court's | ||
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(2) direct that the defendant be committed to the | ||
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(3) direct that the defendant be given a reasonable | ||
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(4) direct that the sheriff deliver the defendant as | ||
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(i) Detention. If the court enters an order for the detention of the defendant pursuant to subsection (e) of this Section, the defendant shall be brought to trial on the offense for which he is detained within 90 days after the date on which the order for detention was entered. If the defendant is not brought to trial within the 90-day period required by the preceding sentence, he shall not be denied pretrial release. In computing the 90-day period, the court shall omit any period of delay resulting from a continuance granted at the request of the defendant and any period of delay resulting from a continuance granted at the request of the State with good cause shown pursuant to Section 103-5. (i-5) At each subsequent appearance of the defendant before the court, the judge must find that continued detention is necessary to avoid a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case, or to prevent the defendant's willful flight from prosecution. (j) Rights of the defendant. The defendant shall be entitled to appeal any order entered under this Section denying his or her pretrial release. (k) Appeal. The State may appeal any order entered under this Section denying any motion for denial of pretrial release. (l) Presumption of innocence. Nothing in this Section shall be construed as modifying or limiting in any way the defendant's presumption of innocence in further criminal proceedings. (m) Interest of victims. (1) Crime victims shall be given notice by the State's Attorney's office of this hearing as required in paragraph (1) of subsection (b) of Section 4.5 of the Rights of Crime Victims and Witnesses Act and shall be informed of their opportunity at this hearing to obtain a protective order. (2) If the defendant is denied pretrial release, the court may impose a no contact provision with the victim or other interested party that shall be enforced while the defendant remains in custody. (Source: P.A. 102-1104, eff. 1-1-23; 103-822, eff. 1-1-25.) |
(725 ILCS 5/110-6.2) (from Ch. 38, par. 110-6.2)
Sec. 110-6.2. Post-conviction detention. (a) The court may order
that a person who has been found guilty of an offense and who is waiting
imposition or execution of sentence be held without release unless the court finds by
clear and convincing evidence that the person is not likely to flee or pose
a danger to any other person or the community if released under Sections
110-5 and 110-10 of this Act.
(b) The court may order that person who has been found guilty of an
offense and sentenced to a term of imprisonment be held without release
unless the court finds by clear and convincing evidence that:
(1) the person is not likely to flee or pose a danger | ||
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(2) that the appeal is not for purpose of delay and | ||
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(Source: P.A. 101-652, eff. 1-1-23.)
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(725 ILCS 5/110-6.3) (from Ch. 38, par. 110-6.3)
Sec. 110-6.3. (Repealed).
(Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.) |
(725 ILCS 5/110-6.4) Sec. 110-6.4. Statewide risk-assessment tool. The Supreme Court may establish a statewide risk-assessment tool to be used in proceedings to assist the court in establishing conditions of pretrial release for a defendant by assessing the defendant's likelihood of appearing at future court proceedings or determining if the defendant poses a real and present threat to the physical safety of any person or persons. The Supreme Court shall consider establishing a risk-assessment tool that does not discriminate on the basis of race, gender, educational level, socio-economic status, or neighborhood. If a risk-assessment tool is utilized within a circuit that does not require a personal interview to be completed, the Chief Judge of the circuit or the director of the pretrial services agency may exempt the requirement under Section 9 and subsection (a) of Section 7 of the Pretrial Services Act. For the purpose of this Section, "risk-assessment tool" means an empirically validated, evidence-based screening instrument that demonstrates reduced instances of a defendant's failure to appear for further court proceedings or prevents future criminal activity.
(Source: P.A. 100-1, eff. 1-1-18; 100-863, eff. 8-14-18; 101-652, eff. 1-1-23.) |
(725 ILCS 5/110-6.5)
Sec. 110-6.5. (Repealed). (Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.)
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(725 ILCS 5/110-6.6) Sec. 110-6.6. Appeals. (a) Appeals under this Article shall be governed by Supreme Court Rules. (b) If a hearing under this Article is conducted by means of two-way audio-visual communication or other electronic recording system, the audio-visual recording shall be entered into the record as the transcript for purposes of the appeals described in subsection (a). Nothing in this Section prohibits a transcription by a court reporter from also being entered into the record.
(Source: P.A. 102-1104, eff. 1-1-23.) |
(725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
Sec. 110-7. (Repealed).
(Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.)
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(725 ILCS 5/110-7.5) Sec. 110-7.5. Previously deposited bail security. (a) On or after January 1, 2023, any person having been previously released pretrial on the condition of the deposit of security shall be allowed to remain on pretrial release under the terms of their original bail bond. This Section shall not limit the State's Attorney's ability to file a verified petition for detention under Section 110-6.1 or a petition for revocation or sanctions under Section 110-6. (b) On or after January 1, 2023, any person who remains in pretrial detention after having been ordered released with pretrial conditions, including the condition of depositing security, shall be entitled to a hearing under subsection (e) of Section 110-5. On or after January 1, 2023, any person, not subject to subsection (b), who remains in pretrial detention and is eligible for detention under Section 110-6.1 shall be entitled to a hearing according to the following schedule: (1) For persons charged with offenses under | ||
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(2) For persons charged with offenses under paragraph | ||
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(3) For persons charged with all other offenses not | ||
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(c) Processing of previously deposited bail security. The provisions of this Section shall apply to all monetary bonds, regardless of whether they were previously posted in cash or in the form of stocks, bonds, or real estate. (1) Once security has been deposited and a charge is | ||
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(2) After conviction, the court may order that a | ||
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(3) After the entry of an order by the trial court | ||
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(4) When the conditions of the previously posted bail | ||
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Notwithstanding the foregoing, in counties with a | ||
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In counties with a population of less than 3,000,000, | ||
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At the request of the defendant, the court may order | ||
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(5) If there is an alleged violation of the | ||
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(6) If security was previously deposited for failure | ||
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(7) After a judgment for a fine and court costs or | ||
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(Source: P.A. 102-1104, eff. 1-1-23.) |
(725 ILCS 5/110-8) (from Ch. 38, par. 110-8)
Sec. 110-8. (Repealed).
(Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.)
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(725 ILCS 5/110-9) (from Ch. 38, par. 110-9)
Sec. 110-9. (Repealed). (Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.)
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(725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
Sec. 110-10. Conditions of pretrial release.
(a) If a person is released prior to conviction, the conditions of pretrial release shall be that he or she will:
(1) Appear to answer the charge in the court having | ||
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(2) Submit himself or herself to the orders and | ||
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(3) (Blank);
(4) Not violate any criminal statute of any | ||
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(5) At a time and place designated by the court, | ||
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(6) At a time and place designated by the court, | ||
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Psychological evaluations ordered pursuant to this Section shall be completed
promptly
and made available to the State, the defendant, and the court. As a further
condition of pretrial release under
these circumstances, the court shall order the defendant to refrain from
entering upon the
property of the school, including any conveyance owned, leased, or contracted
by a school to
transport students to or from school or a school-related activity, or on any public way within
1,000 feet of real property comprising any school. Upon receipt of the psychological evaluation,
either the State or the defendant may request a change in the conditions of pretrial release, pursuant to
Section 110-6 of this Code. The court may change the conditions of pretrial release to include a
requirement that the defendant follow the recommendations of the psychological evaluation,
including undergoing psychiatric treatment. The conclusions of the
psychological evaluation and
any statements elicited from the defendant during its administration are not
admissible as evidence
of guilt during the course of any trial on the charged offense, unless the
defendant places his or her
mental competency in issue.
(b) Additional conditions of release shall be set only when it is determined that they are necessary to ensure the defendant's appearance in court, ensure the defendant does not commit any criminal offense, ensure the defendant complies with all conditions of pretrial release,
prevent the defendant's unlawful interference with the orderly administration
of justice, or ensure compliance with the rules and procedures of problem solving courts. However, conditions shall include the least restrictive means and be individualized. Conditions shall not mandate rehabilitative services unless directly tied to the risk of pretrial misconduct. Conditions of supervision shall not include punitive measures such as community service work or restitution. Conditions may include the following:
(0.05) Not depart this State without leave of the | ||
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(1) Report to or appear in person before such person | ||
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(2) Refrain from possessing a firearm or other | ||
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(3) Refrain from approaching or communicating with | ||
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(4) Refrain from going to certain described | ||
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(5) Be placed under direct supervision of the | ||
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(6) For persons charged with violating Section 11-501 | ||
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(7) Comply with the terms and conditions of an order | ||
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(8) Sign a written admonishment requiring that he or | ||
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(9) Such other reasonable conditions as the court may | ||
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The defendant shall receive verbal and written notification of conditions of pretrial release and future court dates, including the date, time, and location of court.
(c) When a person is charged with an offense under Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
12-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012, involving a victim who is a
minor under 18 years of age living in the same household with the defendant
at the time of the offense, in releasing the defendant, the judge shall impose conditions to restrict the
defendant's access to the victim which may include, but are not limited to
conditions that he will:
1. Vacate the household.
2. Make payment of temporary support to his | ||
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3. Refrain from contact or communication with the | ||
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(d) When a person is charged with a criminal offense and the victim is
a family or household member as defined in Article 112A, conditions shall
be imposed at the time of the defendant's release that restrict the
defendant's access to the victim.
Unless provided otherwise by the court, the
restrictions shall include
requirements that the defendant do the following:
(1) refrain from contact or communication with the | ||
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(2) refrain from entering or remaining at the | ||
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(e) Local law enforcement agencies shall develop standardized pretrial release forms
for use in cases involving family or household members as defined in
Article 112A, including specific conditions of pretrial release as provided in
subsection (d). Failure of any law enforcement department to develop or use
those forms shall in no way limit the applicability and enforcement of
subsections (d) and (f).
(f) If the defendant is released after conviction following appeal or other post-conviction proceeding, the
conditions of the pretrial release shall be that he will, in addition to the
conditions set forth in subsections (a) and (b) hereof:
(1) Duly prosecute his appeal;
(2) Appear at such time and place as the court may | ||
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(3) Not depart this State without leave of the court;
(4) Comply with such other reasonable conditions as | ||
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(5) If the judgment is affirmed or the cause reversed | ||
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(g) Upon a finding of guilty for any felony offense, the defendant shall
physically surrender, at a time and place designated by the court,
any and all firearms in his or her possession and his or her Firearm Owner's
Identification Card as a condition of being released pending sentencing.
(Source: P.A. 101-138, eff. 1-1-20; 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
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(725 ILCS 5/110-11) (from Ch. 38, par. 110-11)
Sec. 110-11. Pretrial release on a new trial. If the judgment of conviction is reversed and the cause remanded for a
new trial the trial court may order that the conditions of pretrial release stand pending such trial,
or modify the conditions of pretrial release.
(Source: P.A. 101-652, eff. 1-1-23.)
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(725 ILCS 5/110-12) (from Ch. 38, par. 110-12)
Sec. 110-12. Notice of change of address. A defendant who has been admitted to pretrial release shall file a written notice with the
clerk of the court before which the proceeding is pending of any change in
his or her address within 24 hours after such change, except that a
defendant who
has been admitted to pretrial release for a forcible felony as defined in Section 2-8 of
the Criminal Code of 2012 shall
file a written notice with the clerk of the court before which the proceeding
is pending and the clerk shall immediately deliver a time stamped copy of the
written notice to the prosecutor charged with the prosecution within 24
hours prior to such change. The address of a defendant who has been admitted
to pretrial release shall at all times remain a matter of record with the clerk of
the court.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
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(725 ILCS 5/110-13) (from Ch. 38, par. 110-13)
Sec. 110-13. (Repealed). (Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23)
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(725 ILCS 5/110-14) (from Ch. 38, par. 110-14)
Sec. 110-14. Credit toward fines for pretrial incarceration. (a) Any person denied pretrial release and against whom a fine is levied on conviction of the offense
shall be automatically credited $30 for each day so incarcerated upon application
of the defendant. However,
in no case shall the amount so
credited exceed the amount of the fine. (b) Subsection (a) does not apply to a person incarcerated for sexual assault as defined in paragraph (1) of subsection (a) of Section 5-9-1.7 of the Unified Code of Corrections.
(c) A person subject to bail on a Category B offense, before January 1, 2023, shall have $30 deducted from his or her 10% cash bond amount every day the person is incarcerated. The sheriff shall calculate and apply this $30 per day reduction and send notice to the circuit clerk if a defendant's 10% cash bond amount is reduced to $0, at which point the defendant shall be released upon his or her own recognizance.
(d) The court may deny the incarceration credit in subsection (c) of this Section if the person has failed to appear as required before the court and is incarcerated based on a warrant for failure to appear on the same original criminal offense. (e) (Blank). (Source: P.A. 101-408, eff. 1-1-20; P.A. 101-652, eff. 7-1-21. Repealed by P.A. 102-28. Reenacted by P.A. 102-687, eff. 12-17-21. P.A. 102-1104, eff. 12-6-22.)
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(725 ILCS 5/110-15) (from Ch. 38, par. 110-15)
Sec. 110-15. (Repealed). (Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.)
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(725 ILCS 5/110-16) (from Ch. 38, par. 110-16)
Sec. 110-16. (Repealed). (Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.)
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(725 ILCS 5/110-17) (from Ch. 38, par. 110-17)
Sec. 110-17. (Repealed). (Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.)
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(725 ILCS 5/110-18) (from Ch. 38, par. 110-18)
Sec. 110-18. (Repealed). (Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.)
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(725 ILCS 5/Art. 110A heading)
ARTICLE 110A.
PEACE BONDS
(Repealed)(Source: Repealed by P.A. 102-1104, eff. 1-1-23.)
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(725 ILCS 5/Tit. IV heading) TITLE IV.
PROCEEDINGS TO COMMENCE PROSECUTION
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(725 ILCS 5/Art. 111 heading) ARTICLE 111.
CHARGING AN OFFENSE
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(725 ILCS 5/111-1) (from Ch. 38, par. 111-1)
Sec. 111-1. Methods of prosecution. (a) When authorized by law a prosecution may be commenced by:
(1) A complaint;
(2) An information;
(3) An indictment.
(b) Upon commencement of a prosecution for a violation of Section
11-501 of the Illinois Vehicle Code, or a similar provision of a local
ordinance, or Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
relating to the offense of reckless homicide, the victims of these offenses
shall have all the rights under this Section as they do in Section 4 of the
Rights of Crime Victims and Witnesses Act.
For the purposes of this Section "victim" shall mean an individual
who has suffered personal injury as a result of the commission of a
violation of Section 11-501 of the Illinois Vehicle Code, or a similar
provision of a local ordinance, or Section 9-3 of the Criminal Code of
1961 or the Criminal Code of 2012 relating to the offense of reckless homicide. In regard
to a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
relating to the offense of reckless homicide, "victim" shall also include,
but not be limited to, spouse, guardian, parent, or other family member.
(c) Upon arrest after commencement of a prosecution for a sex offense against a person known to be an employee, the State's Attorney shall immediately provide the superintendent of schools or school administrator that employs the employee with a copy of the complaint, information, or indictment. For the purposes of this subsection: "employee" has the meaning provided in subsection (a) of Section 24-5 of the School Code; and "sex offense" has the meaning provided in Section 2 of the Sex Offender Registration Act. This subsection shall not be construed to diminish the rights, privileges, or remedies of an employee under a collective bargaining agreement or employment contract. (Source: P.A. 101-521, eff. 8-23-19; 102-558, eff. 8-20-21.)
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(725 ILCS 5/111-2) (from Ch. 38, par. 111-2)
Sec. 111-2. Commencement of prosecutions.
(a) All prosecutions of
felonies shall be by information or by indictment. No prosecution may be
pursued by information unless a preliminary hearing has been held or
waived in accordance with Section 109-3 and at that hearing probable
cause to believe the defendant committed an offense was found, and the
provisions of Section 109-3.1 of this Code have been complied with.
(b) All other prosecutions may be by indictment, information or
complaint.
(c) Upon the filing of an information or indictment in open
court charging the defendant with the commission of a sex offense
defined in any Section of Article 11 of the Criminal Code of 1961 or the Criminal Code of 2012,
and a minor as defined in Section 1-3 of the Juvenile
Court Act of 1987 is alleged to be the victim of the
commission of the acts of the defendant in the commission of
such offense, the court may appoint a guardian ad litem for the
minor as provided in Section 2-17, 3-19, 4-16 or 5-610 of the
Juvenile Court Act of 1987.
(d) Upon the filing of an information or indictment in open court,
the court shall immediately issue a warrant for the arrest of each
person charged with an offense directed to a peace officer or some other
person specifically named commanding him to arrest such person.
(e) When the offense is eligible for pretrial release, the judge shall endorse on the
warrant the conditions of pretrial release required by the order of the court, and if
the court orders the process returnable forthwith, the warrant shall
require that the accused be arrested and brought immediately into court.
(f) Where the prosecution of a felony is by information or complaint
after preliminary hearing, or after a waiver of preliminary hearing in
accordance with paragraph (a) of this Section, such prosecution may be
for all offenses, arising from the same transaction or conduct of a
defendant even though the complaint or complaints filed at the
preliminary hearing charged only one or some of the offenses arising
from that transaction or conduct.
(Source: P.A. 101-652, eff. 1-1-23.)
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(725 ILCS 5/111-3) (from Ch. 38, par. 111-3)
Sec. 111-3. Form of charge.
(a) A charge shall be in writing and allege the commission of an
offense by:
(1) Stating the name of the offense;
(2) Citing the statutory provision alleged to have | ||
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(3) Setting forth the nature and elements of the | ||
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(4) Stating the date and county of the offense as | ||
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(5) Stating the name of the accused, if known, and if | ||
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(a-5) If the victim is alleged to have been subjected to an offense involving an illegal sexual act including, but not limited to, a sexual offense defined in Article 11 or Section 10-9 of the Criminal Code of 2012, the charge shall state the identity of the victim by name, initials, or description. (b) An indictment shall be signed by the foreman of the Grand Jury and
an information shall be signed by the State's Attorney and sworn to by him
or another. A complaint shall be sworn to and signed by the complainant; provided, that when a peace officer observes the commission of a misdemeanor
and is the complaining witness, the signing of the complaint by the peace
officer is sufficient to charge the defendant with the commission of the
offense, and the complaint need not be sworn to if the officer signing the
complaint certifies that the statements set forth in the complaint are true and
correct and are subject to the penalties provided by law for false
certification
under Section 1-109 of the Code of Civil Procedure and perjury under Section
32-2 of the Criminal Code of 2012; and further provided, however, that when a citation is issued on a Uniform Traffic
Ticket or Uniform Conservation Ticket (in a form prescribed by the
Conference of Chief Circuit Judges and filed with the Supreme Court), the
copy of such Uniform Ticket which is filed with the circuit court
constitutes a complaint to which the defendant may plead, unless he
specifically requests that a verified complaint be filed.
(c) When the State seeks an enhanced sentence because of a prior
conviction, the charge shall also state the intention to seek an enhanced
sentence and shall state such prior conviction so as to give notice to the
defendant. However, the fact of such prior conviction and the State's
intention to seek an enhanced sentence are not elements of the offense and
may not be disclosed to the jury during trial unless otherwise permitted by
issues properly raised during such trial.
For the purposes of this Section, "enhanced sentence" means a sentence
which is increased by a prior conviction from one classification of offense
to another higher level classification of offense set forth in Section
5-4.5-10
of the Unified Code of Corrections (730 ILCS 5/5-4.5-10); it does not include an increase in the sentence applied within the
same level of classification of offense.
(c-5) Notwithstanding any other provision of law, in all cases if an alleged fact (other
than the fact of a prior conviction) is not an element of an offense but is
sought to be used to increase the range of penalties for the offense beyond the
statutory maximum that could otherwise be imposed for the offense, the alleged
fact must be included in the charging instrument or otherwise provided to the
defendant through a written notification before trial, submitted to a trier
of fact as an aggravating factor, and proved beyond a reasonable doubt.
Failure to prove the fact beyond a reasonable doubt is not a bar to a
conviction
for commission of the offense, but is a bar to increasing, based on that fact,
the range of penalties for the offense beyond the statutory maximum that could
otherwise be imposed for that offense. Nothing in this subsection (c-5)
requires the
imposition of a sentence that increases the range of penalties for the offense
beyond the statutory maximum that could otherwise be imposed for the offense if
the imposition of that sentence is not required by law.
(d) At any time prior to trial, the State on motion shall be permitted
to amend the charge, whether brought by indictment, information or
complaint, to make the charge comply with subsection (c) or (c-5) of this
Section. Nothing in Section 103-5 of this Code precludes such an
amendment or a written notification made in accordance with subsection (c-5) of
this Section.
(e) The provisions of subsection (a) of Section 5-4.5-95 of the Unified Code of Corrections
shall not be affected by this Section.
(Source: P.A. 103-51, eff. 1-1-24.)
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(725 ILCS 5/111-4)
Sec. 111-4. Joinder of offenses and defendants.
(a) Two or more offenses may be charged in the same indictment,
information or complaint in a separate count for each offense if the
offenses charged, whether felonies or misdemeanors or both, are based on
the same act or on 2 or more acts which are part of the same comprehensive
transaction.
(b) Two or more defendants may be charged in the same indictment,
information or complaint if they are alleged to have participated in the
same act or in the same comprehensive transaction out of which the offense
or offenses arose. Such defendants may be charged in one or more counts
together or separately and all of the defendants need not be charged in
each count.
(c) Two or more acts or transactions in violation of any provision or
provisions of Sections 8A-2, 8A-3, 8A-4, 8A-4A and 8A-5 of the Illinois
Public Aid Code, Section 14 of the Illinois Wage Payment and Collection Act, Sections 16-1, 16-1.3, 16-2, 16-3, 16-5, 16-7, 16-8, 16-10, 16-25, 16-30, 16A-3,
16B-2, 16G-15, 16G-20, 16H-15, 16H-20, 16H-25, 16H-30, 16H-45, 16H-50, 16H-55, 17-1, 17-3, 17-6, 17-30, 17-56, 17-60, or 29B-1, or item (ii) of subsection (a) or (b) of Section 17-9, or subdivision (a)(2) of Section 17-10.5, or subsection (a), (b), (c), (d), (g), (h), or (i) of Section 17-10.6, or subsection (a) of Section 17-32 of the Criminal Code of
1961 or the Criminal Code of 2012 and Section 118 of Division I of the Criminal Jurisprudence Act, may
be charged as a single offense in a single count of the same indictment,
information or complaint, if such acts or transactions by one or more
defendants are in furtherance of a single intention and design or if the
property, labor or services obtained are of the same person or are of
several persons having a common interest in such property, labor or
services. In such a charge, the period between the dates of the first and
the final such acts or transactions may be alleged as the date of the
offense and, if any such act or transaction by any defendant was committed
in the county where the prosecution was commenced, such county may be
alleged as the county of the offense.
(Source: P.A. 99-629, eff. 1-1-17.) |
(725 ILCS 5/111-5) (from Ch. 38, par. 111-5)
Sec. 111-5.
Formal defects in a charge.
An indictment, information or complaint which charges the commission of
an offense in accordance with Section 111-3 of this Code shall not be
dismissed and may be amended on motion by the State's Attorney or defendant
at any time because of formal defects, including:
(a) Any miswriting, misspelling or grammatical error;
(b) Any misjoinder of the parties defendant;
(c) Any misjoinder of the offense charged;
(d) The presence of any unnecessary allegation;
(e) The failure to negative any exception, any excuse | ||
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(f) The use of alternative or disjunctive allegations | ||
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(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/111-6) (from Ch. 38, par. 111-6)
Sec. 111-6.
Bill
of particulars.
When an indictment, information or complaint charges an offense in
accordance with the provisions of Section 111-3 of this Code but fails to
specify the particulars of the offense sufficiently to enable the defendant
to prepare his defense the court may, on written motion of the defendant,
require the State's Attorney to furnish the defendant with a Bill of
Particulars containing such particulars as may be necessary for the
preparation of the defense. At the trial of the cause the State's evidence
shall be confined to the particulars of the bill.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/111-7) (from Ch. 38, par. 111-7)
Sec. 111-7.
Loss
of charge.
When an indictment, information or complaint which has been returned or
presented to a court as authorized by law has become illegible or cannot be
produced at the arraignment or trial the defendant may be arraigned and
tried on a copy thereof certified by the clerk of the court.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/111-8) (from Ch. 38, par. 111-8)
Sec. 111-8. Orders of protection to prohibit domestic violence.
(a) Whenever
a violation of Section 9-1, 9-2, 9-3, 10-3, 10-3.1, 10-4, 10-5, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14.3 that involves soliciting for a prostitute, 11-14.4 that involves soliciting for a juvenile prostitute, 11-15, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, 11-20a, 12-1,
12-2,
12-3, 12-3.05, 12-3.2, 12-3.3, 12-3.5, 12-4, 12-4.1, 12-4.3,
12-4.6, 12-5, 12-6, 12-6.3, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 19-4, 19-6, 21-1, 21-2, 21-3, or 26.5-2
of the Criminal Code of 1961 or the Criminal Code of 2012 or Section 1-1 of the Harassing and Obscene Communications Act is alleged in an information, complaint or indictment
on file, and the alleged offender and victim are family or household members,
as defined in the Illinois Domestic Violence Act of 1986, as now or hereafter amended,
the People through the respective State's Attorneys may by separate petition
and upon notice to the defendant, except as provided in subsection (c) herein,
request the court to issue an order of protection.
(b) In addition to any other remedies specified in Section 208 of the
Illinois Domestic Violence Act of 1986, as now or hereafter amended, the order may
direct the defendant
to initiate no contact with the alleged victim or victims who are family
or household members and to refrain from entering the residence, school
or place of business of the alleged victim or victims.
(c) The court may grant emergency relief without notice upon a showing
of immediate and present danger of abuse to the victim or minor children of the
victim and may enter a temporary order pending notice and full hearing on the
matter.
(Source: P.A. 99-642, eff. 7-28-16.) |
(725 ILCS 5/111-9) Sec. 111-9. Notification to forensic laboratories. Unless the Supreme Court shall by Rule provide otherwise, upon disposition, withdrawal, or dismissal of any charge, the State's Attorney shall promptly notify the forensic laboratory or laboratories in possession of evidence, reports, or other materials or information related to that charge. Notification may be given by any reasonable means under the circumstances, including, but not limited to, the Illinois State Police Laboratory Information Management System, email, or telephone.
(Source: P.A. 102-523, eff. 8-20-21.) |
(725 ILCS 5/Art. 112 heading) ARTICLE 112.
GRAND JURY
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(725 ILCS 5/112-1) (from Ch. 38, par. 112-1)
Sec. 112-1.
Selection and qualification.
The grand jurors shall be summoned, drawn, qualified and certified
according to law.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/112-2) (from Ch. 38, par. 112-2)
Sec. 112-2. Impaneling the Grand Jury. (a) The Grand Jury shall consist
of 16 persons, 12 of whom shall be necessary to constitute a quorum.
(b) The Grand Jury shall be impaneled, sworn and instructed as to its
duties by the court. The court shall select and swear one of the grand
jurors to serve as foreman.
(c) Before the Grand Jury shall enter upon the discharge of their duties
the following oath shall be administered to the jurors:
"Do each of you swear (or affirm) that you will diligently inquire into all matters presented to you; that you will return no indictment through malice or ill will, or fail to return one due to fear or reward; and that in all your decisions you will present the truth, the whole truth, and nothing but the truth, according to the best of your skill and understanding."
(Source: P.A. 102-495, eff. 8-20-21.)
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(725 ILCS 5/112-3) (from Ch. 38, par. 112-3)
Sec. 112-3.
Duration of Grand Jury.
(a) In counties with a population in excess of 1,000,000 a Grand Jury
shall be convened, impaneled and sworn, and shall commence the performance
of its duties for an indeterminate period, on the first Monday of each
month. In such counties a Grand Jury shall serve until discharged by the
court, except that no Grand Jury shall serve in excess of 18 months and not
more than 6 Grand Juries shall sit at the same time.
In counties with a population in excess of 225,000 but less than 1,000,000
a Grand Jury may be convened, empaneled, and sworn and may sit at such times
and for such periods as the circuit court may order on its own motion or that
of the State's Attorney. No Grand Jury shall serve in excess of 18
months and not more than 2 Grand Juries shall sit at the same time.
(b) In all other counties the Grand Jury shall be called and sit at such
times and for such periods as the circuit court may order on its own motion
or that of the State's Attorney; provided, that no Grand Jury shall sit for
a period in excess of 18 months and, provided further, that no more than
one Grand Jury shall sit at the same time.
(c) At any time for cause shown the court may excuse a grand juror
either temporarily or permanently and, if permanently, may impanel another
person in place of the grand juror excused.
(Source: P.A. 88-31.)
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(725 ILCS 5/112-4) (from Ch. 38, par. 112-4)
Sec. 112-4.
Duties of Grand Jury and State's Attorney.) (a) The Grand
Jury shall hear all evidence presented by the State's Attorney.
(b) The Grand Jury has the right to subpoena and question any person
against whom the State's Attorney is seeking a Bill of Indictment, or any
other person, and to obtain and examine any documents or transcripts
relevant to the matter being prosecuted by the State's Attorney.
Prior to the commencement of its duties and, again, before the
consideration of each matter or charge before the Grand Jury, the
State's Attorney shall inform the Grand Jury of these rights.
In cases where the initial charge has been commenced by information or
complaint and a finding of no probable cause has resulted as to any offense
charged therein, the Grand Jury shall be informed of the finding entered
at the preliminary hearing and further advised that such finding shall not
bar the State from initiating new charges by indictment, information or
complaint if the State's Attorney has reasonable grounds to believe that
the evidence available at that time is sufficient to establish probable
cause. In such cases, the Grand Jury shall be further advised that it has
the right to subpoena and question any witness who testified at the preliminary
hearing, or who is believed to have knowledge of such offense, and of its
right to obtain and examine the testimony heard at the preliminary hearing,
either through the production of a transcript of the proceedings, or through
the verbatim testimony of the court reporter who attended the preliminary
hearing. The State's Attorney shall file an affidavit as part of the Grand
Jury record indicating whether the jurors were advised of such previous
findings of no probable cause and of their rights based upon such previous finding.
Any person subpoenaed who is already charged with an offense or
against whom the State's Attorney is seeking a Bill of Indictment shall
have the right to be accompanied by counsel who shall advise him of his
rights during the proceedings but may not participate in any other way.
Before any testimony is given by such a person, he shall be informed
that he has the right to refuse to answer any question that will tend to
incriminate him, that anything he says may be used against him in a
court of law, that he has the right to be accompanied and advised of his
rights by counsel, and that he will have counsel appointed for him if he
cannot afford one.
(c) The foreman shall preside over all hearings and swear all
witnesses. Except where otherwise provided by this Article, the foreman
may delegate duties to other grand jurors and determine rules of
procedure.
(d) If 9 grand jurors concur that the evidence before them
constitutes probable cause that a person has committed an offense the
State's Attorney shall prepare a Bill of Indictment charging that person
with such offense. The foreman shall sign each Bill of Indictment which
shall be returned in open court.
(e) When the evidence presented to the Grand Jury does not warrant
the return of a Bill of Indictment, the State's Attorney may prepare a
written memorandum to such effect, entitled, "No Bill".
(Source: P.A. 85-690.)
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(725 ILCS 5/112-4.1) (from Ch. 38, par. 112-4.1)
Sec. 112-4.1.
Any person appearing before the grand jury shall have the
right to be accompanied by counsel who shall advise him of his rights but
shall not participate in any other way.
(Source: P.A. 81-1112.)
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(725 ILCS 5/112-5) (from Ch. 38, par. 112-5)
Sec. 112-5.
Duties of others.
(a) The clerk of the court shall keep such
records of Bills of Indictments and No Bills as may be prescribed by Rule
of the Supreme Court.
(b) The court may appoint an investigator or investigators
on petition showing good cause for same and signed by the
foreman and 8 other grand jurors. The duties and tenure of
appointment of such investigator or investigators shall be
determined by the court.
(Source: P.A. 85-690.)
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(725 ILCS 5/112-6) (from Ch. 38, par. 112-6)
Sec. 112-6.
Secrecy of proceedings.) (a) Only the State's Attorney, his
reporter and any other person authorized by the court or by law
may attend the sessions of the Grand Jury. Only the
grand jurors shall be present during the deliberations and vote of the
Grand Jury. If no reporter is assigned by the State's Attorney to attend
the sessions of the Grand Jury, the court shall appoint such reporter.
(b) Matters other than the deliberations and vote of any grand juror
shall not be disclosed by the State's Attorney, except as otherwise
provided for in subsection (c). The court may direct that a Bill of
Indictment be kept secret until the defendant is in custody or has given
bail and in either event the clerk shall seal the Bill of Indictment and no
person shall disclose the finding of the Bill of Indictment except when
necessary for the issuance and execution of a warrant.
(c) (1) Disclosure otherwise prohibited by this Section of matters
occurring before the Grand Jury, other than its deliberations and the vote
of any grand juror, may be made to:
a. a State's Attorney for use in the performance of such State's
Attorney's duty; and
b. such government personnel as are deemed necessary by the State's
Attorney in the performance of such State's Attorney's duty to enforce
State criminal law.
(2) Any person to whom matters are disclosed under paragraph (1) of this
subsection (c) shall not use the Grand Jury material for any purpose other
than assisting the State's Attorney in the performance of such State's
Attorney's duty to enforce State criminal law. The State's Attorney shall
promptly provide the court, before which was impaneled the Grand Jury whose
material has been disclosed, with the names of the persons to whom such
disclosure has been made.
(3) Disclosure otherwise prohibited by this Section of matters occurring
before the Grand Jury may also be made when the court, preliminary to or in
connection with a judicial proceeding, directs such in the interests of
justice or when a law so directs.
(d) Any grand juror or officer of the court who discloses, other than to
his attorney, matters occurring before the Grand Jury other than in
accordance with the provisions of this subsection or Section 112-7 shall be
punished as a contempt of court, subject to proceedings in accordance to law.
(Source: P.A. 85-690.)
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(725 ILCS 5/112-7) (from Ch. 38, par. 112-7)
Sec. 112-7.
A transcript shall be made of all questions asked of and
answers given by witnesses before the grand jury.
(Source: P.A. 79-669.)
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(725 ILCS 5/112-8)
Sec. 112-8.
Destroyed instrument.
When an instrument
that is the subject of an indictment
has been destroyed or withheld by the act or procurement of the defendant, and
the fact of the destruction or withholding is alleged in the
indictment and
established on trial, the accused shall not be acquitted on account of any
misdescription of the instrument so withheld or destroyed.
(Source: P.A. 89-234, eff. 1-1-96.)
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(725 ILCS 5/Art. 112A heading)
ARTICLE 112A. PROTECTIVE ORDERS
(Source: P.A. 100-199, eff. 1-1-18.)
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(725 ILCS 5/112A-1) (from Ch. 38, par. 112A-1)
Sec. 112A-1.
(Repealed).
(Source: P.A. 84-1305. Repealed by P.A. 100-199, eff. 1-1-18.)
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(725 ILCS 5/112A-1.5) Sec. 112A-1.5. Purpose and construction. The purpose of this Article is to protect the safety of victims of domestic violence, sexual assault, sexual abuse, and stalking and the safety of their family and household members; and to minimize the trauma and inconvenience associated with attending separate and multiple civil court proceedings to obtain protective orders. This Article shall be interpreted in accordance with the constitutional rights of crime victims set forth in Article I, Section 8.1 of the Illinois Constitution, the purposes set forth in Section 2 of the Rights of Crime Victims and Witnesses Act, and the use of protective orders to implement the victim's right to be reasonably protected from the defendant as provided in Section 4.5 of the Rights of Victims and Witnesses Act.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.) |
(725 ILCS 5/112A-2) (from Ch. 38, par. 112A-2)
Sec. 112A-2. (Repealed).
(Source: P.A. 98-558, eff. 1-1-14. Repealed by P.A. 100-199, eff. 1-1-18.)
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(725 ILCS 5/112A-2.5) Sec. 112A-2.5. Types of protective orders. The following protective orders may be entered in conjunction with a delinquency petition or a criminal prosecution: (1) a domestic violence order of protection in cases | ||
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(2) a civil no contact order in cases involving | ||
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(3) a stalking no contact order in cases involving | ||
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(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.) |
(725 ILCS 5/112A-3) (from Ch. 38, par. 112A-3)
Sec. 112A-3. Definitions. (a) In this Article: "Advocate" means a person whose communications with the victim are privileged under Section 8-802.1 or 8-802.2 of the Code of Civil Procedure or Section 227 of the Illinois Domestic Violence Act of 1986. "Named victim" means the person named as the victim in the delinquency petition or criminal prosecution. "Protective order" means a domestic violence order of protection, a civil no contact order, or a stalking no contact order.
(b) For the purposes of domestic violence cases, the following terms shall have the following meanings in this Article: (1) "Abuse" means physical abuse, harassment, | ||
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(2) "Domestic violence" means abuse as described in | ||
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(3) "Family or household members" include spouses, | ||
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(4) "Harassment" means knowing conduct which is not | ||
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(i) creating a disturbance at petitioner's place | ||
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(ii) repeatedly telephoning petitioner's place of | ||
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(iii) repeatedly following petitioner about in a | ||
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(iv) repeatedly keeping petitioner under | ||
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(v) improperly concealing a minor child from | ||
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(vi) threatening physical force, confinement or | ||
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(5) "Interference with personal liberty" means | ||
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(6) "Intimidation of a dependent" means subjecting a | ||
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(7) "Order of protection" or "domestic violence order | ||
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(8) "Petitioner" may mean not only any named | ||
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(9) "Physical abuse" includes sexual abuse and means | ||
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(i) knowing or reckless use of physical force, | ||
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(ii) knowing, repeated and unnecessary sleep | ||
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(iii) knowing or reckless conduct which creates | ||
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(9.3) "Respondent" in a petition for a domestic | ||
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(9.5) "Stay away" means for the respondent to refrain | ||
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(10) "Willful deprivation" means wilfully denying a | ||
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(c) For the purposes of cases involving sexual offenses, the following terms shall have the following meanings in this Article: (1) "Civil no contact order" means an ex parte or | ||
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(2) "Family or household members" include spouses, | ||
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(3) "Non-consensual" means a lack of freely given | ||
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(4) "Petitioner" means not only any named petitioner | ||
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(5) "Respondent" in a petition for a civil no | ||
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(6) "Sexual conduct" means any intentional or | ||
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(7) "Sexual penetration" means any contact, however | ||
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(8) "Stay away" means to refrain from both physical | ||
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(d) For the purposes of cases involving stalking offenses, the following terms shall have the following meanings in this Article: (1) "Course of conduct" means 2 or more acts, | ||
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(2) "Emotional distress" means significant mental | ||
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(3) "Contact" includes any contact with the victim, | ||
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(4) "Petitioner" means any named petitioner for the | ||
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(5) "Reasonable person" means a person in the | ||
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(6) "Respondent" in a petition for a civil no | ||
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(7) "Stalking" means engaging in a course of conduct | ||
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(8) "Stalking no contact order" means an ex parte or | ||
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(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
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(725 ILCS 5/112A-4) (from Ch. 38, par. 112A-4)
Sec. 112A-4. Persons protected by this Article.
(a) The following persons are protected by
this Article in cases involving domestic violence:
(1) any person abused by a family or household member;
(2) any minor child or dependent adult in the care of | ||
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(3) any person residing or employed at a private home | ||
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(4) any of the following persons if the person is | ||
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(i) a foster parent of that child if the child | ||
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(ii) a legally appointed guardian or legally | ||
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(iii) an adoptive parent of that child; or (iv) a prospective adoptive parent of that child | ||
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For purposes of this paragraph (a)(4), individuals | ||
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(a-5) The following persons are protected by this Article in cases involving sexual offenses: (1) any victim of non-consensual sexual conduct or | ||
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(2) any family or household member of the named | ||
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(3) any employee of or volunteer at a rape crisis | ||
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(a-10) The following persons are protected by this Article in cases involving stalking offenses: (1) any victim of stalking; and (2) any family or household member of the named | ||
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(b) (Blank).
(Source: P.A. 100-199, eff. 1-1-18; 100-639, eff. 1-1-19.)
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(725 ILCS 5/112A-4.5) Sec. 112A-4.5. Who may file petition. (a) A petition for a domestic violence order of protection may be filed: (1) by a named victim who has been abused by a family | ||
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(2) by any person or by the State's Attorney on | ||
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(3) by a State's Attorney on behalf of any minor | ||
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(4) any of the following persons if the person is | ||
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(i) a foster parent of that child if the child | ||
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(ii) a legally appointed guardian or legally | ||
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(iii) an adoptive parent of that child; (iv) a prospective adoptive parent of that child | ||
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For purposes of this paragraph (a)(4), individuals who would have been considered "family or household members" of the child under paragraph (3) of subsection (b) of Section 112A-3 before a termination of the parental rights with respect to the child continue to meet the definition of "family or household members" of the child. (b) A petition for a civil no contact order may be filed: (1) by any person who is a named victim of | ||
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(2) by a person or by the State's Attorney on behalf | ||
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(3) by a State's Attorney on behalf of any minor | ||
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(4) by a service member of the Illinois National | ||
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(5) by the Staff Judge Advocate of the Illinois | ||
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(c) A petition for a stalking no contact order may be filed: (1) by any person who is a named victim of stalking; (2) by a person or by the State's Attorney on behalf | ||
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(3) by a State's Attorney on behalf of any minor | ||
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(4) by a service member of the Illinois National | ||
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(5) by the Staff Judge Advocate of the Illinois | ||
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(d) The State's Attorney shall file a petition on behalf of any person who may file a petition under subsections (a), (b), or (c) of this Section if the person requests the State's Attorney to file a petition on the person's behalf, unless the State's Attorney has a good faith basis to delay filing the petition. The State's Attorney shall inform the person that the State's Attorney will not be filing the petition at that time and that the person may file a petition or may retain an attorney to file the petition. The State's Attorney may file the petition at a later date. (d-5) (1) A person eligible to file a petition under subsection (a), (b), or (c) of this Section may retain an attorney to represent the petitioner on the petitioner's request for a protective order. The attorney's representation is limited to matters related to the petition and relief authorized under this Article. (2) Advocates shall be allowed to accompany the petitioner and confer with the victim, unless otherwise directed by the court. Advocates are not engaged in the unauthorized practice of law when providing assistance to the petitioner. (e) Any petition properly
filed under this Article may seek
protection for any additional persons protected by this Article.
(Source: P.A. 102-890, eff. 5-19-22; 103-407, eff. 7-28-23.) |
(725 ILCS 5/112A-5) (from Ch. 38, par. 112A-5)
Sec. 112A-5. Pleading; non-disclosure of address.
(a) A petition for a protective order shall be filed in conjunction with a delinquency petition or criminal prosecution, or in conjunction with imprisonment or a bond forfeiture warrant, provided the petition names a victim of the alleged crime. The petition may include a request for an ex parte protective order, a final protective order, or both. The petition shall be in writing and verified or accompanied by
affidavit
and shall allege that: (1) petitioner has been abused by respondent, who is | ||
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(2) respondent has engaged in non-consensual sexual | ||
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(3) petitioner has been stalked by respondent. The petition shall further set forth whether there is any other action between the petitioner and respondent. During the pendency of this proceeding, the petitioner and respondent have a continuing duty to inform the court of any subsequent proceeding for a protective order in this State or any other state. (a-5) The petition shall indicate whether an ex parte protective order, a protective order, or both are requested. If the respondent receives notice of a petition for a final protective order and the respondent requests a continuance to respond to the petition, the petitioner may, either orally or in writing, request an ex parte order.
(b) The petitioner shall not be required to disclose the petitioner's address. If the petition states that disclosure of petitioner's
address would risk abuse to or endanger the safety of petitioner or any member of petitioner's
family or household
or reveal the confidential address of a shelter for domestic violence victims,
that address may be omitted from all documents filed with the court.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
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(725 ILCS 5/112A-5.5) Sec. 112A-5.5. Time for filing petition; service on respondent, hearing on petition, and default orders. (a) A petition for a protective order may be filed at any time, in person or online, after a criminal charge or delinquency petition is filed and before the charge or delinquency petition is dismissed, the defendant or juvenile is acquitted, or the defendant or juvenile completes service of his or her sentence.
(b) The request for an ex parte protective order may be considered without notice to the respondent under Section 112A-17.5 of this Code. (c) A summons shall be issued and served for a protective order. The summons may be served by delivery to the respondent personally in open court in the criminal or juvenile delinquency proceeding, in the form prescribed by subsection (d) of Supreme Court Rule 101, except that it shall require the respondent to answer or appear within 7 days. Attachments to the summons shall include the petition for protective order, supporting affidavits, if any, and any ex parte protective order that has been issued. (d) The summons shall be served by the sheriff or other law enforcement officer at the earliest time available and shall take precedence over any other summons, except those of a similar emergency nature. Attachments to the summons shall include the petition for protective order, supporting affidavits, if any, and any ex parte protective order that has been issued. Special process servers may be appointed at any time and their designation shall not affect the responsibilities and authority of the sheriff or other official process servers. In a county with a population over 3,000,000, a special process server may not be appointed if the protective order grants the surrender of a child, the surrender of a firearm or Firearm Owner's Identification Card, or the exclusive possession of a shared residence. (e) If the respondent is not served within 30 days of the filing of the petition, the court shall schedule a court proceeding on the issue of service. Either the petitioner, the petitioner's counsel, or the State's Attorney shall appear and the court shall either order continued attempts at personal service or shall order service by publication, in accordance with Sections 2-203, 2-206, and 2-207 of the Code of Civil Procedure. (f) The request for a final protective order can be considered at any court proceeding in the delinquency or criminal case after service of the petition. If the petitioner has not been provided notice of the court proceeding at least 10 days in advance of the proceeding, the court shall schedule a hearing on the petition and provide notice to the petitioner. (f-5) A court in a county with a population above 250,000 shall offer the option of a remote hearing to a petitioner for a protective order. The court has the discretion to grant or deny the request for a remote hearing. Each court shall determine the procedure for a remote hearing. The petitioner and respondent may appear remotely or in person. The court shall issue and publish a court order, standing order, or local rule detailing information about the process for requesting and participating in a remote court appearance. The court order, standing order, or local rule shall be published on the court's website and posted on signs throughout the courthouse, including in the clerk's office. The sign shall be written in plain language and include information about the availability of remote court appearances and the process for requesting a remote hearing. (g) Default orders. (1) A final domestic violence order of protection may | ||
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(A) for any of the remedies sought in the | ||
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(B) for any of the remedies provided under | ||
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(2) A final civil no contact order may be entered by | ||
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(3) A final stalking no contact order may be entered | ||
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(Source: P.A. 102-853, eff. 1-1-23; 103-154, eff. 6-30-23.) |
(725 ILCS 5/112A-6) (from Ch. 38, par. 112A-6)
Sec. 112A-6.
(Repealed).
(Source: P.A. 90-235, eff. 1-1-98. Repealed by P.A. 100-199, eff. 1-1-18.)
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(725 ILCS 5/112A-6.1) Sec. 112A-6.1. Application of rules of civil procedure; criminal law. (a) Any proceeding to obtain, modify, re-open, or appeal a protective order and service of pleadings and notices shall be governed by the rules of civil procedure of this State. The Code of Civil Procedure and Supreme Court and local court rules applicable to civil proceedings shall apply, except as otherwise provided by law. Civil law on venue, discovery, and penalties for untrue statements shall not apply to protective order proceedings heard under this Article. (b) Criminal law on discovery, venue, and penalties for untrue statements apply to protective order proceedings under this Article. (c) Court proceedings related to the entry of a protective order and the determination of remedies shall not be used to obtain discovery that would not otherwise be available in a criminal prosecution or juvenile delinquency case.
(Source: P.A. 100-597, eff. 6-29-18.) |
(725 ILCS 5/112A-7) (from Ch. 38, par. 112A-7)
Sec. 112A-7.
(Repealed).
(Source: P.A. 88-45. Repealed by P.A. 100-199, eff. 1-1-18.)
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(725 ILCS 5/112A-8) (from Ch. 38, par. 112A-8)
Sec. 112A-8. Subject matter jurisdiction. Each of the circuit courts
shall have the power to issue protective orders.
(Source: P.A. 100-597, eff. 6-29-18.)
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(725 ILCS 5/112A-9) (from Ch. 38, par. 112A-9)
Sec. 112A-9.
Jurisdiction over persons.
In child custody proceedings,
the court's personal jurisdiction is determined by this State's Uniform
Child-Custody Jurisdiction and Enforcement Act. Otherwise,
the courts of this State have jurisdiction to bind (i) State residents, and
(ii) non-residents having minimum contacts with this State, to the extent
permitted by the long-arm statute, Section 2-209 of the Code of Civil
Procedure, as now or hereafter amended.
(Source: P.A. 93-108, eff. 1-1-04.)
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(725 ILCS 5/112A-10) (from Ch. 38, par. 112A-10)
Sec. 112A-10. (Repealed).
(Source: P.A. 99-240, eff. 1-1-16. Repealed by P.A. 100-199, eff. 1-1-18.)
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(725 ILCS 5/112A-11) (from Ch. 38, par. 112A-11)
Sec. 112A-11.
(Repealed).
(Source: P.A. 84-1305. Repealed by P.A. 100-199, eff. 1-1-18.)
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(725 ILCS 5/112A-11.1) Sec. 112A-11.1. Procedure for determining whether certain misdemeanor crimes
are crimes of domestic violence for purposes of federal
law. (a) When a defendant has been charged with a violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal Code of 2012, the State may, at arraignment or no later than 45 days after arraignment, for the purpose of notification to the Illinois State Police Firearm Owner's Identification Card Office, serve on the defendant and file with the court a notice alleging that conviction of the offense would subject the defendant to the prohibitions of 18 U.S.C. 922(g)(9) because of the relationship between the defendant and the alleged victim and the nature of the alleged offense. (b) The notice shall include the name of the person alleged to be the victim of the crime and shall specify the nature of the alleged relationship as set forth in 18 U.S.C. 921(a)(33)(A)(ii). It shall also specify the element of the charged offense which requires the use or attempted use of physical force, or the threatened use of a deadly weapon, as set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include notice that the defendant is entitled to a hearing on the allegation contained in the notice and that if the allegation is sustained, that determination and conviction shall be reported to the Illinois State Police Firearm Owner's Identification Card Office. (c) After having been notified as provided in subsection (b) of this Section, the defendant may stipulate or admit, orally on the record or in writing, that conviction of the offense would subject the defendant to the prohibitions of 18 U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C. 922(g)(9) shall be deemed established for purposes of Section 112A-11.2. If the defendant denies the applicability of 18 U.S.C. 922(g)(9) as alleged in the notice served by the State, or stands mute with respect to that allegation, then the State shall bear the burden to prove beyond a reasonable doubt that the offense is one to which the prohibitions of 18 U.S.C. 922(g)(9) apply. The court may consider reliable hearsay evidence submitted by either party provided that it is relevant to the determination of the allegation. Facts previously proven at trial or elicited at the time of entry of a plea of guilty shall be deemed established beyond a reasonable doubt and shall not be relitigated. At the conclusion of the hearing, or upon a stipulation or admission, as applicable, the court shall make a specific written determination with respect to the allegation.
(Source: P.A. 102-538, eff. 8-20-21.) |
(725 ILCS 5/112A-11.2) Sec. 112A-11.2. Notification to the Illinois State Police Firearm Owner's Identification Card Office of
determinations in certain misdemeanor cases. Upon judgment of conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal Code of 2012 when the defendant has been determined, under Section 112A-11.1, to be subject to the prohibitions of 18 U.S.C. 922(g)(9), the circuit court clerk shall include notification and a copy of the written determination in a report of the conviction to the Illinois State Police Firearm Owner's Identification Card Office to enable the office to report that determination to the Federal Bureau of Investigation and assist the Bureau in identifying persons prohibited from purchasing and possessing a firearm pursuant to the provisions of 18 U.S.C. 922.
(Source: P.A. 102-538, eff. 8-20-21.) |
(725 ILCS 5/112A-11.5) Sec. 112A-11.5. Issuance of protective order. (a) Except as provided in subsection (a-5) of this Section, the court shall grant the petition and enter a protective order if the court finds prima facie evidence that a crime involving domestic violence, a sexual offense, or a crime involving stalking has been committed. The following shall be considered prima facie evidence of the crime: (1) an information, complaint, indictment, or | ||
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(2) an adjudication of delinquency, a finding of | ||
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(3) any dispositional order issued under Section | ||
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(4) the entry of a protective order in a separate | ||
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(a-5) The respondent may rebut prima facie evidence of the crime under paragraph (1) of subsection (a) of this Section by presenting evidence of a meritorious defense. The respondent shall file a written notice alleging a meritorious defense which shall be verified and supported by affidavit. The verified notice and affidavit shall set forth the evidence that will be presented at a hearing. If the court finds that the evidence presented at the hearing establishes a meritorious defense by a preponderance of the evidence, the court may decide not to issue a protective order. (b) The petitioner shall not be denied a protective order because the petitioner or the respondent is a minor. (c) The court, when determining whether or not to issue a protective order, may not require physical injury on the person of the victim.
(d) If the court issues a final protective order under this Section, the court shall afford the petitioner and respondent an opportunity to be heard on the remedies requested in the petition. (Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.) |
(725 ILCS 5/112A-12) (from Ch. 38, par. 112A-12)
Sec. 112A-12. Transfer of issues not decided in cases involving domestic violence.
(a) (Blank).
(a-5) A petition for a domestic violence order of protection shall be treated as an expedited proceeding, and no court shall transfer or otherwise decline to decide all or part of the petition, except as otherwise provided in this Section. Nothing in this Section shall prevent the court from reserving issues when jurisdiction or notice requirements are not met. (b) A criminal court may decline to decide contested
issues of physical care and possession of a minor child, temporary allocation of parental responsibilities or significant decision-making responsibility, parenting time,
or family support, unless a decision on one or more of those
contested issues is necessary to
avoid the risk of abuse, neglect, removal from the State, or concealment
within the State of the child or of separation of the child from the primary
caretaker.
(c) The court shall transfer to the appropriate court or division any issue
it has
declined to decide. Any court may transfer any matter which must be
tried by jury to a more appropriate calendar or division.
(d) If the court transfers or otherwise declines to decide any issue,
judgment on that issue shall be expressly reserved and ruling on other
issues shall not be delayed or declined.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
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(725 ILCS 5/112A-13) (from Ch. 38, par. 112A-13)
Sec. 112A-13.
(Repealed).
(Source: P.A. 91-357, eff. 7-29-99. Repealed by P.A. 100-199, eff. 1-1-18.)
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(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
Sec. 112A-14. Domestic violence order of protection; remedies.
(a) (Blank).
(b) The court may order any of the remedies listed in this subsection (b).
The remedies listed in this subsection (b) shall be in addition to other civil
or criminal remedies available to petitioner.
(1) Prohibition of abuse. Prohibit respondent's | ||
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(2) Grant of exclusive possession of residence. | ||
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(A) Right to occupancy. A party has a right to | ||
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(B) Presumption of hardships. If petitioner and | ||
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The balance of hardships is presumed to favor | ||
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(3) Stay away order and additional prohibitions. | ||
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(A) If a domestic violence order of protection | ||
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(B) When the petitioner and the respondent attend | ||
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(C) The court may order the parents, guardian, or | ||
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(4) Counseling. Require or recommend the respondent | ||
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(5) Physical care and possession of the minor child. | ||
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If the respondent is charged with abuse (as defined | ||
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(6) Temporary allocation of parental responsibilities | ||
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If the respondent is charged with abuse (as defined | ||
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(7) Parenting time. Determine the parenting time, if | ||
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(i) abuse or endanger the minor child during | ||
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(ii) use the parenting time as an opportunity to | ||
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(iii) improperly conceal or detain the minor | ||
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(iv) otherwise act in a manner that is not in the | ||
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The court shall not be limited by the standards set | ||
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(8) Removal or concealment of minor child. Prohibit | ||
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(9) Order to appear. Order the respondent to appear | ||
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(10) Possession of personal property. Grant | ||
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(i) petitioner, but not respondent, owns the | ||
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(ii) the petitioner and respondent own the | ||
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If petitioner's sole claim to ownership of the | ||
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No order under this provision shall affect title to | ||
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(11) Protection of property. Forbid the respondent | ||
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(i) petitioner, but not respondent, owns the | ||
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(ii) the petitioner and respondent own the | ||
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If petitioner's sole claim to ownership of the | ||
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The court may further prohibit respondent from | ||
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(11.5) Protection of animals. Grant the petitioner | ||
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(12) Order for payment of support. Order respondent | ||
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(13) Order for payment of losses. Order respondent to | ||
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(i) Losses affecting family needs. If a party is | ||
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(ii) Recovery of expenses. In the case of an | ||
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(14) Prohibition of entry. Prohibit the respondent | ||
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(14.5) Prohibition of firearm possession. (A) A person who is subject to an existing | ||
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(B) Any firearms in the possession of the | ||
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(C) If the respondent is a peace officer as | ||
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(D) Upon expiration of the period of | ||
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(15) Prohibition of access to records. If a domestic | ||
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(16) Order for payment of shelter services. Order | ||
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(17) Order for injunctive relief. Enter injunctive | ||
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(18) Telephone services. (A) Unless a condition described in subparagraph | ||
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(i) The name and billing telephone number of | ||
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(ii) Each telephone number that will be | ||
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(iii) A statement that the provider transfers | ||
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(B) A wireless telephone service provider shall | ||
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(i) The account holder named in the order has | ||
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(ii) A difference in network technology would | ||
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(iii) The transfer would cause a geographic | ||
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(iv) Another technological or operational | ||
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(C) The petitioner assumes all financial | ||
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(D) A wireless telephone service provider may | ||
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(E) Except for willful or wanton misconduct, a | ||
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(F) All wireless service providers that provide | ||
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(G) The Illinois Commerce Commission shall | ||
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(c) Relevant factors; findings.
(1) In determining whether to grant a specific | ||
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(i) the nature, frequency, severity, pattern, and | ||
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(ii) the danger that any minor child will be | ||
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(2) In comparing relative hardships resulting to the | ||
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(i) availability, accessibility, cost, safety, | ||
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(ii) the effect on the party's employment; and
(iii) the effect on the relationship of the | ||
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(3) Subject to the exceptions set forth in paragraph | ||
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(i) That the court has considered the applicable | ||
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(ii) Whether the conduct or actions of | ||
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(iii) Whether it is necessary to grant the | ||
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(4) (Blank).
(5) Never married parties. No rights or | ||
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(d) Balance of hardships; findings. If the court finds that the balance
of hardships does not support the granting of a remedy governed by
paragraph (2), (3), (10), (11), or (16) of
subsection (b) of this Section,
which may require such balancing, the court's findings shall so
indicate and shall include a finding as to whether granting the remedy will
result in hardship to respondent that would substantially outweigh the hardship
to petitioner
from denial of the remedy. The findings shall be an official record or in
writing.
(e) Denial of remedies. Denial of any remedy shall not be based, in
whole or in part, on evidence that:
(1) respondent has cause for any use of force, unless | ||
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(2) respondent was voluntarily intoxicated;
(3) petitioner acted in self-defense or defense of | ||
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(4) petitioner did not act in self-defense or defense | ||
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(5) petitioner left the residence or household to | ||
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(6) petitioner did not leave the residence or | ||
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(7) conduct by any family or household member excused | ||
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(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(725 ILCS 5/112A-14.5) Sec. 112A-14.5. Civil no contact order; remedies. (a) The court may order any of the remedies listed in this Section. The remedies listed in this Section shall be in addition to other civil or criminal remedies available to petitioner: (1) prohibit the respondent from knowingly coming | ||
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(2) restrain the respondent from having any contact, | ||
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(3) prohibit the respondent from knowingly coming | ||
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(4) order the respondent to stay away from any | ||
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(5) order any other injunctive relief as necessary or | ||
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(b) When the petitioner and the respondent attend the same public or private elementary, middle, or high school, the court when issuing a civil no contact order and providing relief shall consider the severity of the act, any continuing physical danger or emotional distress to the petitioner, the educational rights guaranteed to the petitioner and respondent under federal and State law, the availability of a transfer of the respondent to another school, a change of placement or a change of program of the respondent, the expense, difficulty, and educational disruption that would be caused by a transfer of the respondent to another school, and any other relevant facts of the case. The court may order that the respondent not attend the public, private, or non-public elementary, middle, or high school attended by the petitioner, order that the respondent accept a change of placement or program, as determined by the school district or private or non-public school, or place restrictions on the respondent's movements within the school attended by the petitioner. The respondent bears the burden of proving by a preponderance of the evidence that a transfer, change of placement, or change of program of the respondent is not available. The respondent also bears the burden of production with respect to the expense, difficulty, and educational disruption that would be caused by a transfer of the respondent to another school. A transfer, change of placement, or change of program is not unavailable to the respondent solely on the ground that the respondent does not agree with the school district's or private or non-public school's transfer, change of placement, or change of program or solely on the ground that the respondent fails or refuses to consent to or otherwise does not take an action required to effectuate a transfer, change of placement, or change of program. When a court orders a respondent to stay away from the public, private, or non-public school attended by the petitioner and the respondent requests a transfer to another attendance center within the respondent's school district or private or non-public school, the school district or private or non-public school shall have sole discretion to determine the attendance center to which the respondent is transferred. If the court order results in a transfer of the minor respondent to another attendance center, a change in the respondent's placement, or a change of the respondent's program, the parents, guardian, or legal custodian of the respondent is responsible for transportation and other costs associated with the transfer or change. (c) The court may order the parents, guardian, or legal custodian of a minor respondent to take certain actions or to refrain from taking certain actions to ensure that the respondent complies with the order. If the court orders a transfer of the respondent to another school, the parents or legal guardians of the respondent are responsible for transportation and other costs associated with the change of school by the respondent. (d) Denial of a remedy may not be based, in whole or in part, on evidence that: (1) the respondent has cause for any use of force, | ||
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(2) the respondent was voluntarily intoxicated; (3) the petitioner acted in self-defense or defense | ||
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(4) the petitioner did not act in self-defense or | ||
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(5) the petitioner left the residence or household to | ||
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(6) the petitioner did not leave the residence or | ||
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(e) Monetary damages are not recoverable as a remedy.
(Source: P.A. 100-199, eff. 1-1-18.) |
(725 ILCS 5/112A-14.7) Sec. 112A-14.7. Stalking no contact order; remedies. (a) The court may order any of the remedies listed in this Section. The remedies listed in this Section shall be in addition to other civil or criminal remedies available to petitioner.
A stalking no contact order shall order one or more of the following: (1) prohibit the respondent from threatening to | ||
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(2) order the respondent not to have any contact with | ||
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(3) prohibit the respondent from knowingly coming | ||
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(4) prohibit the respondent from possessing a | ||
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(5) order other injunctive relief the court | ||
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(b) When the petitioner and the respondent attend the same public, private, or non-public elementary, middle, or high school, the court when issuing a stalking no contact order and providing relief shall consider the severity of the act, any continuing physical danger or emotional distress to the petitioner, the educational rights guaranteed to the petitioner and respondent under federal and State law, the availability of a transfer of the respondent to another school, a change of placement or a change of program of the respondent, the expense, difficulty, and educational disruption that would be caused by a transfer of the respondent to another school, and any other relevant facts of the case. The court may order that the respondent not attend the public, private, or non-public elementary, middle, or high school attended by the petitioner, order that the respondent accept a change of placement or program, as determined by the school district or private or non-public school, or place restrictions on the respondent's movements within the school attended by the petitioner. The respondent bears the burden of proving by a preponderance of the evidence that a transfer, change of placement, or change of program of the respondent is not available. The respondent also bears the burden of production with respect to the expense, difficulty, and educational disruption that would be caused by a transfer of the respondent to another school. A transfer, change of placement, or change of program is not unavailable to the respondent solely on the ground that the respondent does not agree with the school district's or private or non-public school's transfer, change of placement, or change of program or solely on the ground that the respondent fails or refuses to consent to or otherwise does not take an action required to effectuate a transfer, change of placement, or change of program. When a court orders a respondent to stay away from the public, private, or non-public school attended by the petitioner and the respondent requests a transfer to another attendance center within the respondent's school district or private or non-public school, the school district or private or non-public school shall have sole discretion to determine the attendance center to which the respondent is transferred. If the court order results in a transfer of the minor respondent to another attendance center, a change in the respondent's placement, or a change of the respondent's program, the parents, guardian, or legal custodian of the respondent is responsible for transportation and other costs associated with the transfer or change. (c) The court may order the parents, guardian, or legal custodian of a minor respondent to take certain actions or to refrain from taking certain actions to ensure that the respondent complies with the order. If the court orders a transfer of the respondent to another school, the parents, guardian, or legal custodian of the respondent are responsible for transportation and other costs associated with the change of school by the respondent. (d) The court shall not hold a school district or private or non-public school or any of its employees in civil or criminal contempt unless the school district or private or non-public school has been allowed to intervene. (e) The court may hold the parents, guardian, or legal custodian of a minor respondent in civil or criminal contempt for a violation of any provision of any order entered under this Article for conduct of the minor respondent in violation of this Article if the parents, guardian, or legal custodian directed, encouraged, or assisted the respondent minor in the conduct. (f) Monetary damages are not recoverable as a remedy. (g) If the stalking no contact order prohibits the respondent from possessing a Firearm Owner's Identification Card, or possessing or buying firearms; the court shall confiscate the respondent's Firearm Owner's Identification Card and immediately return the card to the Illinois State Police Firearm Owner's Identification Card Office.
(Source: P.A. 102-538, eff. 8-20-21.) |
(725 ILCS 5/112A-15) (from Ch. 38, par. 112A-15)
Sec. 112A-15. Mutual orders of protection; correlative separate
orders. Mutual orders of protection are prohibited. Correlative separate orders
of protection undermine the purposes of this Article and are prohibited. Nothing in this Section prohibits
a victim from seeking a civil order of protection.
(Source: P.A. 100-199, eff. 1-1-18.)
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(725 ILCS 5/112A-16) (from Ch. 38, par. 112A-16)
Sec. 112A-16. Accountability for actions of others. For the purposes of
issuing a domestic violence order of protection,
deciding what remedies should be included and enforcing the order, Article
5 of the Criminal Code of 2012 shall govern whether respondent is legally
accountable for the conduct of another person.
(Source: P.A. 100-597, eff. 6-29-18.)
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(725 ILCS 5/112A-17) (from Ch. 38, par. 112A-17)
Sec. 112A-17. (Repealed).
(Source: P.A. 97-333, eff. 8-12-11. Repealed by P.A. 100-199, eff. 1-1-18.)
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(725 ILCS 5/112A-17.5) Sec. 112A-17.5. Ex parte protective orders. (a) The petitioner may request expedited consideration of the petition for an ex parte protective order. The court shall consider the request on an expedited basis without requiring the respondent's presence or requiring notice to the respondent. (b) Issuance of ex parte protective orders in cases involving domestic violence. An ex parte domestic violence order of protection shall be issued if petitioner satisfies the requirements of this subsection (b) for one or more of the requested remedies. For each remedy requested, petitioner shall establish that: (1) the court has jurisdiction under Section 112A-9 | ||
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(2) the requirements of subsection (a) of Section | ||
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(3) there is good cause to grant the remedy, | ||
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(A) for the remedy of prohibition of abuse | ||
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(B) for the remedy of grant of exclusive | ||
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(C) for the remedy of possession of personal | ||
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An ex parte domestic violence order of protection may not include the counseling, custody, or payment of support or monetary compensation remedies provided by paragraphs (4), (12), (13), and (16) of subsection (b) of Section 112A-14 of this Code. (c) Issuance of ex parte civil no contact order in cases involving sexual offenses. An ex parte civil no contact order shall be issued if the petitioner establishes that: (1) the court has jurisdiction under Section 112A-9 | ||
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(2) the requirements of subsection (a) of Section | ||
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(3) there is good cause to grant the remedy, | ||
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The court may order any of the remedies under Section 112A-14.5 of this Code. (d) Issuance of ex parte stalking no contact order in cases involving stalking offenses. An ex parte stalking no contact order shall be issued if the petitioner establishes that: (1) the court has jurisdiction under Section 112A-9 | ||
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(2) the requirements of subsection (a) of Section | ||
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(3) there is good cause to grant the remedy, | ||
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The court may order any of the remedies under Section 112A-14.7 of this Code. (e) Issuance of ex parte protective orders on court holidays and evenings. When the court is unavailable at the close of business, the petitioner may file a petition for an ex parte protective order before any available circuit judge or associate judge who may grant relief under this Article. If the judge finds that petitioner has satisfied the prerequisites in subsection (b), (c), or (d) of this Section, the judge shall issue an ex parte protective order. The chief judge of the circuit court may designate for each county in the circuit at least one judge to be reasonably available to issue orally, by telephone, by facsimile, or otherwise, an ex parte protective order at all times, whether or not the court is in session. The judge who issued the order under this Section shall promptly communicate or convey the order to the sheriff to facilitate the entry of the order into the Law Enforcement Agencies Data System by the Illinois State Police under Section 112A-28 of this Code. Any order issued under this Section and any documentation in support of it shall be certified on the next court day to the appropriate court. The clerk of that court shall immediately assign a case number, file the petition, order, and other documents with the court and enter the order of record and file it with the sheriff for service under subsection (f) of this Section. Failure to comply with the requirements of this subsection (e) shall not affect the validity of the order. (f) Service of ex parte protective order on respondent. (1) If an ex parte protective order is entered at the | ||
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(2) If an ex parte protective order is entered after | ||
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(3) If an ex parte protective order is entered after | ||
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(4) No fee shall be charged for service of summons. (5) The summons shall be served by the sheriff or | ||
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(g) Upon 7 days' notice to the petitioner, or a shorter notice period as the court may prescribe, a respondent subject to an ex parte protective order may appear and petition the court to re-hear the petition. Any petition to re-hear shall be verified and shall allege the following: (1) that respondent did not receive prior notice of | ||
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(2) that respondent had a meritorious defense to the | ||
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The verified petition and affidavit shall set forth the evidence of the meritorious defense that will be presented at a hearing. If the court finds that the evidence presented at the hearing on the petition establishes a meritorious defense by a preponderance of the evidence, the court may decide to vacate the protective order or modify the remedies. (h) If the ex parte protective order granted petitioner exclusive possession of the residence and the petition of respondent seeks to re-open or vacate that grant, the court shall set a date for hearing within 14 days on all issues relating to exclusive possession. Under no circumstances shall a court continue a hearing concerning exclusive possession beyond the 14th day except by agreement of the petitioner and the respondent. Other issues raised by the pleadings may be consolidated for the hearing if the petitioner, the respondent, and the court do not object. (i) Duration of ex parte protective order. An ex parte order shall remain in effect until the court considers the request for a final protective order after notice has been served on the respondent or a default final protective order is entered, whichever occurs first. If a court date is scheduled for the issuance of a default protective order and the petitioner fails to personally appear or appear through counsel or the prosecuting attorney, the petition shall be dismissed and the ex parte order terminated.
(Source: P.A. 102-538, eff. 8-20-21.) |
(725 ILCS 5/112A-18) (from Ch. 38, par. 112A-18)
Sec. 112A-18.
(Repealed).
(Source: P.A. 87-1186. Repealed by P.A. 100-199, eff. 1-1-18.)
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(725 ILCS 5/112A-19) (from Ch. 38, par. 112A-19)
Sec. 112A-19.
(Repealed).
(Source: P.A. 84-1305. Repealed by P.A. 100-199, eff. 1-1-18.)
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(725 ILCS 5/112A-20) (from Ch. 38, par. 112A-20)
Sec. 112A-20. Duration and extension of final protective orders.
(a) (Blank).
(b) A final protective order shall remain in effect as follows:
(1) if entered during pre-trial release, until | ||
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(2) if in effect in conjunction with a bond | ||
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(3) until 2 years after the expiration of any | ||
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(4) until 2 years after the date set by the court for | ||
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(5) permanent for a stalking no contact order if a | ||
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(6) permanent for a civil no contact order at the | ||
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(c) Computation of time. The duration of a domestic violence order of protection shall
not be reduced by the duration of any prior domestic violence order of protection.
(d) Law enforcement records. When a protective order expires
upon the occurrence of a specified event, rather than upon a specified date
as provided in subsection (b), no expiration date shall be entered in
Illinois State Police records. To remove the protective order from
those records, either the petitioner or the respondent shall request the clerk of the court to file a
certified copy of an order stating that the specified event has occurred or
that the protective order has been vacated or modified with the sheriff, and the
sheriff shall direct that law enforcement records shall be promptly
corrected in accordance with the filed order.
(e) Extension of Orders. Any domestic violence order of
protection or civil no contact order that expires 2 years after the expiration of the defendant's sentence under paragraph (2), (3), or (4) of subsection (b) of Section 112A-20 of this Article may be extended one or more times, as required. The petitioner, petitioner's counsel, or the State's Attorney on the petitioner's behalf shall file the motion for an extension of the final protective order in the criminal case and serve the motion in accordance with Supreme Court Rules 11 and 12. The court shall transfer the motion to the appropriate court or division for consideration under subsection (e) of Section 220 of the Illinois Domestic Violence Act of 1986, subsection (c) of Section 216 of the Civil No Contact Order Act, or subsection (c) of Section 105 of the Stalking No Contact Order as appropriate.
(f) Termination date. Any final protective order which would expire on a
court holiday shall instead expire at the close of the next court business day.
(g) Statement of purpose. The practice of dismissing or suspending a
criminal prosecution in exchange for issuing a protective order
undermines the purposes of this Article. This Section shall not be
construed as encouraging that practice.
(Source: P.A. 102-184, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(725 ILCS 5/112A-21) (from Ch. 38, par. 112A-21)
Sec. 112A-21. Contents of orders.
(a) Any domestic violence order of protection shall
describe, in reasonable detail and not by reference to any other
document, the following:
(1) Each remedy granted by the court, in reasonable | ||
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(2) The reason for denial of petitioner's request for | ||
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(b) A domestic violence order of protection shall further state the following:
(1) The name of each petitioner that the court finds | ||
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(2) For any remedy requested by petitioner on which | ||
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(3) The date and time the domestic violence order of | ||
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(4) (Blank).
(5) (Blank).
(6) (Blank).
(c) Any domestic violence order of protection shall include the following notice, printed in
conspicuous type: "Any knowing violation of a domestic violence order | ||
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(d) (Blank).
(e) A domestic violence order of protection shall state, "This Order of Protection is enforceable, even without registration, in all 50 states, the District of Columbia, tribal lands, and the U.S. territories pursuant to the Violence Against Women Act (18 U.S.C. 2265). Violating this Order of Protection may subject the respondent to federal charges and punishment (18 U.S.C. 2261-2262). The respondent may be subject to federal criminal penalties for possessing, transporting, shipping, or receiving any firearm or ammunition under the Gun Control Act (18 U.S.C. 922(g)(8) and (9))."
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
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(725 ILCS 5/112A-21.5) Sec. 112A-21.5. Contents of civil no contact orders. (a) Any civil no contact order shall describe each remedy granted by the court, in reasonable detail and not by reference to any other document, so that the respondent may clearly understand what he or she must do or refrain from doing. (b) A civil no contact order shall further state the following: (1) The name of each petitioner that the court finds | ||
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(2) The date and time the civil no contact order was | ||
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(c) A civil no contact order shall include the following notice, printed in conspicuous type: "Any knowing violation of a civil no contact order is | ||
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"This Civil No Contact Order is enforceable, even | ||
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(Source: P.A. 100-199, eff. 1-1-18.) |
(725 ILCS 5/112A-21.7) Sec. 112A-21.7. Contents of stalking no contact orders. (a) Any stalking no contact order shall describe each remedy granted by the court, in reasonable detail and not by reference to any other document, so that the respondent may clearly understand what he or she must do or refrain from doing. (b) A stalking no contact order shall further state the following: (1) The name of each petitioner that the court finds | ||
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(2) The date and time the stalking no contact order | ||
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(c) A stalking no contact order shall include the following notice, printed in conspicuous type: "An initial knowing violation of a stalking no | ||
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"This Stalking No Contact Order is enforceable, even | ||
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(Source: P.A. 100-199, eff. 1-1-18.) |
(725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22)
Sec. 112A-22. Notice of orders.
(a) Entry and issuance. Upon issuance
of any protective order, the clerk shall
immediately, or on the next court day if an ex parte order is issued under subsection (e) of Section 112A-17.5 of this Code,
(i) enter the order on the record and file it
in accordance with the circuit court
procedures and (ii) provide a file stamped copy of the order to
respondent and to petitioner, if present, and to the State's Attorney. If the victim is not present the State's Attorney shall (i) as soon as practicable notify the petitioner the order has been entered and (ii) provide a file stamped copy of the order to the petitioner within 3 days.
(b) Filing with sheriff. The clerk of the issuing judge shall, on the same day that a protective order is
issued, file a copy of that order with the sheriff or other law enforcement
officials charged with maintaining Illinois State Police records or charged with serving the order upon respondent. If the order was issued under subsection (e) of Section 112A-17.5 of this Code, the clerk on the next court day shall file a certified copy of the order with the sheriff or other law enforcement officials charged with maintaining Illinois State Police records.
(c) (Blank).
(c-2) Service by sheriff. Unless respondent was present in court when the order was issued, the sheriff, other law enforcement official, or special process server shall promptly serve that order upon respondent and file proof of the service, in the manner provided for service of process in civil proceedings. Instead of serving the order upon the respondent; however, the sheriff, other law enforcement official, special process server, or other persons defined in Section 112A-22.1 of this Code may serve the respondent with a short form notification as provided in Section 112A-22.1 of this Code. If process has not yet been served upon the respondent, process shall be served with the order or short form notification if the service is made by the sheriff, other law enforcement official, or special process server. (c-3) If the person against whom the protective order is issued is arrested and the written order is issued under subsection (e) of Section 112A-17.5 of this Code and received by the custodial law enforcement agency before the respondent or arrestee is released from custody, the custodial law enforcement agency shall promptly serve the order upon the respondent or arrestee before the respondent or arrestee is released from custody. In no event shall detention of the respondent or arrestee be extended for a hearing on the petition for protective order or receipt of the order issued under Section 112A-17 of this Code. (c-4) Extensions, modifications, and revocations. Any order extending, modifying, or revoking any protective order shall be promptly recorded, issued, and served as provided in this Section. (c-5) (Blank).
(d) (Blank).
(e) Notice to health care facilities and health care practitioners. Upon the request of the petitioner, the clerk of the circuit court shall send a certified copy of the protective order to any specified health care facility or health care practitioner requested by the petitioner at the mailing address provided by the petitioner. (f) Disclosure by health care facilities and health care practitioners. After receiving a certified copy of a protective order that prohibits a respondent's access to records, no health care facility or health care practitioner shall allow a respondent access to the records of any child who is a protected person under the protective order, or release information in those records to the respondent, unless the order has expired or the respondent shows a certified copy of the court order vacating the corresponding protective order that was sent to the health care facility or practitioner. Nothing in this Section shall be construed to require health
care facilities or health care practitioners to alter procedures related to billing and payment. The health care facility or health care practitioner may file the copy of the protective order in the records of a child who is a protected person under the protective order, or may employ any other method to identify the records to which a respondent is prohibited access. No health care facility or health care practitioner shall be civilly or professionally liable for
reliance on a copy of a protective order, except for willful and wanton misconduct. (g) Notice to schools. Upon the request of the petitioner, within 24
hours of the issuance of a protective order, the clerk of the issuing judge shall
send a certified copy of
the protective order to the day-care facility,
pre-school or pre-kindergarten, or private school or the principal
office of the public school district or any college or university in which any child who
is a protected person under the protective order or any child
of
the
petitioner is enrolled as requested by the petitioner at the mailing address provided by the petitioner.
If the child transfers enrollment to another day-care facility, pre-school,
pre-kindergarten,
private school, public school, college, or university, the petitioner may,
within 24 hours
of the transfer, send to the clerk written notice of the transfer, including
the name and
address of the institution to which the child is transferring.
Within 24 hours of receipt of notice
from the petitioner that a child is transferring to another day-care facility,
pre-school, pre-kindergarten, private school, public school, college, or
university, the clerk shall send a certified copy of the order to the institution to which the child
is
transferring. (h) Disclosure by schools. After receiving a certified copy of a protective order that prohibits a respondent's access to records, neither a
day-care facility, pre-school, pre-kindergarten, public
or private school, college, or university nor its employees shall allow a
respondent access to a
protected child's records or release information in those records to the
respondent. The school shall file
the copy of the protective order in the records of a child who
is a protected person under the order. When a child who is a
protected person under the protective order transfers to another day-care
facility, pre-school, pre-kindergarten, public or private school, college, or
university, the institution from which the child is transferring may, at the
request of the petitioner, provide,
within 24 hours of the transfer, written notice of the protective order,
along with a certified copy of the order, to the institution to which the child
is
transferring.(Source: P.A. 102-538, eff. 8-20-21.)
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(725 ILCS 5/112A-22.1) Sec. 112A-22.1. Short form notification. (a) Instead of personal service of a protective order under Section 112A-22 of this Code, a sheriff, other law enforcement official, special process server, or personnel assigned by the Department of Corrections or Department of Juvenile Justice to investigate the alleged misconduct of committed persons or alleged violations of the person's conditions of parole, aftercare release, or mandatory supervised release, may serve a respondent with a short form notification. The short form notification shall include the following: (1) Respondent's name. (2) Respondent's date of birth, if known. (3) Petitioner's name. (4) Names of other protected parties. (5) Date and county in which the protective order was | ||
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(6) Court file number. (7) Hearing date and time, if known. (8) Conditions that apply to the respondent, either | ||
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(b) The short form notification shall contain the following notice in bold print: "The order is now enforceable. You must report to the office of the sheriff or the office of the circuit court in (name of county) County to obtain a copy of the order. You are subject to arrest and may be charged with a misdemeanor or felony if you violate any of the terms of the order." (c) Upon verification of the identity of the respondent and the existence of an unserved order against the respondent, a sheriff or other law enforcement official may detain the respondent for a reasonable time necessary to complete and serve the short form notification. (d) When service is made by short form notification under this Section, it may be proved by the affidavit of the person making the service. (e) The Attorney General shall make the short form notification form available to law enforcement agencies in this State.
(Source: P.A. 100-597, eff. 6-29-18.) |
(725 ILCS 5/112A-22.3) Sec. 112A-22.3. Withdrawal or dismissal of charges or petition. (a) Voluntary dismissal or withdrawal of any delinquency petition or criminal prosecution or a finding of not guilty shall not require dismissal or vacation of the protective order; instead, at the request of the petitioner, petitioner's counsel, or the State's Attorney on behalf of the petitioner, it may be treated as an independent action and, if necessary and appropriate, transferred to a different court or division. Dismissal of any delinquency petition or criminal prosecution shall not affect the validity of any previously issued protective order. (b) Withdrawal or dismissal of any petition for a protective order shall operate as a dismissal without prejudice.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.) |
(725 ILCS 5/112A-22.5)
Sec. 112A-22.5.
(Repealed).
(Source: P.A. 91-903, eff. 1-1-01. Repealed by P.A. 100-199, eff. 1-1-18.)
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(725 ILCS 5/112A-22.10)
Sec. 112A-22.10. (Repealed).
(Source: P.A. 97-50, eff. 6-28-11; 98-558, eff. 1-1-14. Repealed by P.A. 100-199, eff. 1-1-18.)
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(725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
Sec. 112A-23. Enforcement of protective orders.
(a) When violation is crime. A violation of any protective order,
whether issued in a civil, quasi-criminal proceeding or by a military judge, shall be
enforced by a
criminal court when:
(1) The respondent commits the crime of violation of | ||
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(i) remedies described in paragraph (1), (2), | ||
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(ii) a remedy, which is substantially similar to | ||
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(iii) any other remedy when the act constitutes a | ||
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Prosecution for a violation of a domestic violence | ||
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(2) The respondent commits the crime of child | ||
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(i) remedies described in paragraph (5), (6), or | ||
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(ii) a remedy, which is substantially similar to | ||
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(3) The respondent commits the crime of violation of | ||
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(4) The respondent commits the crime of violation of | ||
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(b) When violation is contempt of court. A violation of any valid protective order, whether issued in a civil or criminal
proceeding or by a military judge, may be enforced through civil or criminal contempt procedures,
as appropriate, by any court with jurisdiction, regardless where the act or
acts which violated the protective order were committed, to the extent
consistent with the venue provisions of this Article. Nothing in this
Article shall preclude any Illinois court from enforcing any valid protective order issued in another state. Illinois courts may enforce protective orders through both criminal prosecution and contempt proceedings,
unless the action which is second in time is barred by collateral estoppel
or the constitutional prohibition against double jeopardy.
(1) In a contempt proceeding where the petition for a | ||
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(2) A petition for a rule to show cause for violation | ||
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(c) Violation of custody, allocation of parental responsibility, or support orders. A violation of remedies
described in paragraph (5), (6), (8), or (9) of subsection (b) of Section
112A-14 of this Code may be enforced by any remedy provided by Section 607.5 of
the Illinois Marriage and Dissolution of Marriage Act. The court may
enforce any order for support issued under paragraph (12) of subsection (b)
of Section 112A-14 of this Code in the manner provided for under Parts
V and VII of the
Illinois Marriage and Dissolution of Marriage Act.
(d) Actual knowledge. A protective order may be
enforced pursuant to this Section if the respondent violates the order
after the respondent has actual knowledge of its contents
as shown through one of the following means:
(1) (Blank).
(2) (Blank).
(3) By service of a protective order under subsection | ||
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(4) By other means demonstrating actual knowledge of | ||
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(e) The enforcement of a protective order in civil or criminal court
shall not be affected by either of the following:
(1) The existence of a separate, correlative order | ||
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(2) Any finding or order entered in a conjoined | ||
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(e-5) If a civil no contact order entered under subsection (6) of Section 112A-20 of the Code of Criminal Procedure of 1963 conflicts with an order issued pursuant to the Juvenile Court Act of 1987 or the Illinois Marriage and Dissolution of Marriage Act, the conflicting order issued under subsection (6) of Section 112A-20 of the Code of Criminal Procedure of 1963 shall be void. (f) Circumstances. The court, when determining whether or not a
violation of a protective order has occurred, shall not require
physical manifestations of abuse on the person of the victim.
(g) Penalties.
(1) Except as provided in paragraph (3) of this | ||
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(2) The court shall hear and take into account | ||
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(3) To the extent permitted by law, the court is | ||
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(i) increase the penalty for the knowing | ||
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(ii) impose a minimum penalty of 24 hours | ||
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(iii) impose a minimum penalty of 48 hours | ||
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unless the court explicitly finds that an increased | ||
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(4) In addition to any other penalties imposed for a | ||
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(i) to modify the conditions of pretrial release | ||
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(ii) to revoke or modify an order of probation, | ||
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(iii) to revoke or modify a sentence of periodic | ||
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(Source: P.A. 102-184, eff. 1-1-22; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 103-407, eff. 7-28-23.)
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(725 ILCS 5/112A-24) (from Ch. 38, par. 112A-24)
Sec. 112A-24. Modification, re-opening, and extension of orders.
(a) Except as
otherwise provided in this Section, upon motion by petitioner, petitioner's counsel, or the State's Attorney on behalf of the petitioner, the court
may modify a protective order:
(1) If respondent has abused petitioner since the | ||
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(2) Otherwise, by adding any remedy authorized by | ||
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(i) reserved in that protective order;
(ii) not requested for inclusion in that | ||
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(iii) denied on procedural grounds, but not on | ||
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(a-5) A petitioner, petitioner's counsel, or the State's Attorney on the petitioner's behalf may file a motion to vacate or modify a final stalking no contact order. The motion shall be served in accordance with Supreme Court Rules 11 and 12. (b) Upon motion by the petitioner, petitioner's counsel, State's Attorney, or respondent, the court may modify any
prior domestic violence order of protection's remedy for custody,
visitation or payment of
support in accordance with the relevant provisions of the Illinois Marriage
and Dissolution of Marriage Act.
(c) After 30 days following the entry of a protective order, a court may modify that order only when changes in the
applicable law or facts since that final order was entered warrant a
modification of its terms.
(d) (Blank).
(e) (Blank).
(f) (Blank).
(g) This Section does not limit the means, otherwise available by law, for vacating or modifying protective orders. (Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
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(725 ILCS 5/112A-25) (from Ch. 38, par. 112A-25)
Sec. 112A-25. Immunity from prosecution. Any individual or organization acting in good faith to report the abuse of
any person 60 years of age or older or to do any of the
following in complying with the provisions of this Article shall not be subject
to criminal prosecution or civil liability as a result of such action:
providing any information to the appropriate law enforcement agency,
providing that the giving of any information does not violate any
privilege of confidentiality under law; assisting in any investigation;
assisting in the preparation of any materials for distribution under this
Article; or by providing services ordered under a protective order.
(Source: P.A. 100-199, eff. 1-1-18.)
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(725 ILCS 5/112A-26) (from Ch. 38, par. 112A-26)
Sec. 112A-26. Arrest without warrant.
(a) Any law enforcement officer may
make an arrest without
warrant if the officer has probable cause to believe that the person has
committed or is committing any crime, including but not limited to
violation of a domestic violence order of protection, under Section 12-3.4 or 12-30 of the Criminal
Code of 1961 or the Criminal Code of 2012, violation of a civil no contact order, under Section 11-1.75 of the Criminal Code of 2012, or violation of a stalking no contact order, under Section 12-7.5A of the Criminal Code of 2012, even if the crime was not committed in the presence of the
officer.
(b) The law enforcement officer may verify the existence of a protective order by telephone or radio communication with his or her law enforcement
agency or by referring to the copy of the order provided by petitioner
or respondent.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
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(725 ILCS 5/112A-27) (from Ch. 38, par. 112A-27)
Sec. 112A-27. Law enforcement policies. (a) Every law enforcement agency
shall develop, adopt, and implement written policies regarding arrest
procedures for domestic violence incidents consistent with the provisions
of this Article. In developing these policies, each law enforcement agency shall consult with community organizations and other law
enforcement agencies with expertise in recognizing and handling domestic
violence incidents. (b) In the initial training of new recruits and every 5 years in the continuing education of law enforcement officers, every law enforcement agency shall provide training to aid in understanding the actions of domestic violence victims and abusers and to prevent further victimization of those who have been abused, focusing specifically on looking beyond the physical evidence to the psychology of domestic violence situations, such as the dynamics of the aggressor-victim relationship, separately evaluating claims where both parties claim to be the victim, and long-term effects. The Law Enforcement Training Standards Board shall formulate and administer the training under this subsection (b) as part of the current programs for both new recruits and active law enforcement officers. The Board shall formulate the training by July 1, 2017, and implement the training statewide by July 1, 2018. In formulating the training, the Board shall work with community organizations with expertise in domestic violence to determine which topics to include. The Law Enforcement Training Standards Board shall oversee the implementation and continual administration of the training.
(Source: P.A. 99-810, eff. 1-1-17.)
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(725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)
Sec. 112A-28. Data maintenance by law enforcement agencies.
(a) All sheriffs shall furnish to the Illinois State Police, daily, in
the form and detail the Illinois State Police requires, copies of any recorded protective orders issued by the court, and any foreign protective orders, including, but not limited to, an order of protection issued by a military judge, filed by
the clerk of the court, and transmitted to the sheriff by the clerk of the
court. Each protective order shall be entered in the Law Enforcement Agencies
Data System on the same day it is issued by the court.
(b) The Illinois State Police shall maintain a complete and systematic
record and index of all valid and recorded protective orders issued or
filed under this Act. The data shall be used to inform all dispatchers
and law enforcement officers at the scene of an alleged incident of abuse or
violation of a protective order of any recorded prior incident of abuse
involving the abused party and the effective dates and terms of any recorded
protective order.
(c) The data, records and transmittals required under this Section shall
pertain to: (1) any valid emergency, interim or plenary domestic | ||
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(2) any valid ex parte or final protective order | ||
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(Source: P.A. 102-538, eff. 8-20-21; 102-890, eff. 5-19-22; 103-407, eff. 7-28-23.)
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(725 ILCS 5/112A-29) (from Ch. 38, par. 112A-29)
Sec. 112A-29.
Reports by law enforcement officers.
(a) Every law enforcement
officer investigating an alleged incident of abuse
between family or household
members shall make a written police report of any bona fide allegation and
the disposition of such investigation. The police report shall include
the victim's statements as to the frequency and severity of prior incidents
of abuse by the same family or household
member and the number of prior
calls for police assistance to prevent such further abuse.
(b) Every police report completed pursuant to this Section shall be recorded
and compiled as a domestic crime within the meaning of Section 5.1 of the
Criminal Identification Act.
(Source: P.A. 87-1186.)
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(725 ILCS 5/112A-30) (from Ch. 38, par. 112A-30)
Sec. 112A-30. Assistance by law enforcement officers.
(a) Whenever a law enforcement officer has reason to believe that a person
has been abused by a family or household member, the officer shall immediately
use all reasonable means to prevent further abuse, including:
(1) Arresting the abusing party, where appropriate;
(2) If there is probable cause to believe that | ||
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(3) Accompanying the victim of abuse to his or her | ||
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(4) Offering the victim of abuse immediate and | ||
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(5) Providing the victim with one referral to an | ||
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(6) Advising the victim of abuse about seeking | ||
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(7) Providing or arranging accessible transportation | ||
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(b) Whenever a law enforcement officer does not exercise arrest powers
or otherwise initiate criminal proceedings, the officer shall:
(1) Make a police report of the investigation of any | ||
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(2) Inform the victim of abuse of the victim's right | ||
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(3) Advise the victim of the importance of seeking | ||
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(c) Except as provided by Section 24-6 of the Criminal Code of 2012 or
under a court order, any weapon seized under subsection (a)(2) shall be
returned forthwith to the person from whom it was seized when it is no longer
needed for evidentiary purposes.
(Source: P.A. 100-199, eff. 1-1-18.)
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(725 ILCS 5/112A-31) (from Ch. 38, par. 112A-31)
Sec. 112A-31.
Limited law enforcement liability.
Any act of omission or
commission by any law enforcement officer acting in good faith in rendering
emergency assistance or otherwise enforcing this Article shall not impose civil
liability upon the law enforcement officer or his or her supervisor or
employer,
unless the act is a result of willful or wanton misconduct.
(Source: P.A. 87-1186.)
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(725 ILCS 5/Tit. V heading) TITLE V.
PROCEEDINGS PRIOR TO TRIAL
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(725 ILCS 5/Art. 113 heading) ARTICLE 113.
ARRAIGNMENT
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(725 ILCS 5/113-1) (from Ch. 38, par. 113-1)
Sec. 113-1.
Procedure on arraignment.
Before any person is tried for the commission of an offense he shall be
called into open court, informed of the charge against him, and called upon
to plead thereto. If the defendant so requests the formal charge shall be
read to him before he is required to plead. An entry of the arraignment
shall be made of record.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/113-2) (from Ch. 38, par. 113-2)
Sec. 113-2.
Joint
defendants.
Defendants who are jointly charged may be arraigned separately or
together in the discretion of the court.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
Sec. 113-3.
(a) Every person charged with an offense shall be
allowed counsel before pleading to the charge. If the defendant desires
counsel and has been unable to obtain same before arraignment the court
shall recess court or continue the cause for a reasonable time to permit
defendant to obtain counsel and consult with him before pleading to the
charge. If the accused is a dissolved corporation, and is not represented
by counsel, the court may, in the interest of justice, appoint as counsel a
licensed attorney of this State.
(b) In all cases, except where
the penalty is a fine only, if the
court determines that the defendant is indigent and desires counsel, the
Public Defender shall be appointed as counsel. If there is no Public
Defender in the county or if the defendant requests counsel other than
the Public Defender and the court finds that the rights of the defendant
will be prejudiced by the appointment of the Public Defender, the court
shall appoint as counsel a licensed attorney at law of this State,
except that in a county having a population of 2,000,000 or
more the
Public Defender shall be appointed as counsel in all misdemeanor cases
where the defendant is indigent and desires counsel unless the case
involves multiple defendants, in which case the court may appoint
counsel other than the Public Defender for the additional defendants.
The court shall require an affidavit signed by any defendant who
requests court-appointed counsel. Such affidavit shall be in the form
established by the Supreme Court containing
sufficient information to ascertain the assets and liabilities of that
defendant. The Court may direct the Clerk of the Circuit Court to
assist the defendant in the completion of the affidavit. Any person who
knowingly files such affidavit containing false information concerning
his assets and liabilities shall be liable to the county where the
case, in which such false affidavit is filed, is pending for the
reasonable value of the services rendered by the public defender or
other court-appointed counsel in the case to the extent that such
services were unjustly or falsely procured.
(c) Upon the filing with the court of a verified statement of
services rendered the court shall order the county treasurer of the
county of trial to pay counsel other than the Public Defender a reasonable fee.
The court shall consider all relevant circumstances, including but not limited
to the time spent while court is in session, other time spent in representing
the defendant, and expenses reasonably incurred by counsel. In counties
with a population greater than 2,000,000,
the court shall order the county
treasurer of the county of trial to pay counsel other than the Public Defender
a reasonable fee stated in the order and based upon a rate of compensation
of not more than $40 for each hour spent while court is in session and
not more than $30 for each hour otherwise spent representing a
defendant, and such compensation shall not exceed $150 for each
defendant represented in misdemeanor cases and $1250 in felony cases, in
addition to expenses reasonably incurred as hereinafter in this Section
provided, except that, in extraordinary circumstances, payment in excess
of the limits herein stated may be made if the trial court certifies
that such payment is necessary to provide fair compensation for
protracted representation. A trial court may entertain the filing of this
verified statement before the termination of the cause, and may order the
provisional payment of sums during the pendency of the cause.
(d) In capital cases, in addition to counsel, if the court
determines that the defendant is indigent the court may, upon the filing
with the court of a verified statement of services rendered, order the
county Treasurer of the county of trial to pay necessary expert
witnesses for defendant reasonable compensation stated in the order not
to exceed $250 for each defendant.
(e) If the court in any county having a population greater than
2,000,000 determines that the defendant is indigent the court
may, upon the filing with the court of a verified statement of such expenses,
order the county treasurer of the county of trial, in such counties
having a population greater than 2,000,000 to pay the general
expenses of the trial incurred by the defendant not to exceed $50 for each
defendant.
(f) The provisions of this Section relating to appointment of counsel,
compensation of counsel, and payment of expenses
in capital cases apply except when the compensation and expenses are being
provided under the Capital Crimes Litigation Act.
(Source: P.A. 91-589, eff. 1-1-00.)
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(725 ILCS 5/113-3.1) (from Ch. 38, par. 113-3.1)
Sec. 113-3.1. Payment for court-appointed counsel.
(a) Whenever under
either Section 113-3 of this Code or Rule 607 of the Illinois Supreme Court
the court appoints counsel to represent a defendant, the court may order
the defendant to pay to the Clerk of the Circuit Court a reasonable sum
to reimburse either the county or the State for such representation.
In a hearing to determine the amount of the
payment, the court shall consider the affidavit prepared by the defendant
under Section 113-3 of this Code and any other information pertaining to
the defendant's financial circumstances which may be submitted by the parties.
Such hearing shall be conducted on the court's own motion or on motion of
the prosecutor at any time after the appointment of counsel but no
later than 90 days after the entry of a final order disposing of the case
at the trial level.
(b) Any sum ordered paid under this Section may not exceed $500 for a
defendant charged with a misdemeanor, $5,000 for a defendant charged with
a felony, or $2,500 for a defendant who is appealing a conviction
of any class offense.
(c) The method of any payment required under this Section shall be as
specified by the Court. The court may order that payments be made on a
monthly basis during the term of representation; however, the sum deposited as
money bond shall not be used to satisfy this court order. At any time prior to
full payment of any payment order the court on its own motion or the motion
of any party may reduce, increase, or suspend the ordered payment, or modify
the method of payment, as the interest of fairness may require. No increase,
suspension, or reduction may be ordered without a hearing and notice
to all parties.
(d) The Supreme Court or the circuit courts may provide by rule for
procedures for the enforcement of orders entered under this Section.
Such rules may provide for the assessment of all costs, including
attorneys' fees which are required for the enforcement of orders entered
under this Section when the court in an enforcement proceeding has first
found that the defendant has willfully refused to pay. The Clerk of the
Circuit Court shall keep records and make reports to the court concerning
funds paid under this Section in whatever manner the court directs.
(e) Whenever an order is entered under this Section for the reimbursement
of the State due to the appointment of the State Appellate Defender as counsel
on appeal, the order shall provide that the Clerk of the Circuit Court shall
retain all funds paid pursuant to such order until the full amount of the
sum ordered to be paid by the defendant has been paid. When no balance remains
due on such order, the Clerk of the Circuit Court shall inform the court
of this fact and the court shall promptly order the Clerk of the Circuit
Court to pay to the State Treasurer all of the sum paid.
(f) The Clerk of the Circuit Court shall retain all funds under this Section
paid for the reimbursement of the county, and shall inform the court when
no balance remains due on an order entered hereunder. The Clerk of the Circuit
Court shall make payments of funds collected under this Section to the County
Treasurer in whatever manner and at whatever point as the court may direct,
including payments made on a monthly basis during the term
of representation.
(g) A defendant who fails to obey any order of court entered under this
Section may be punished for contempt of court. Any arrearage in payments
may be reduced to judgment in the court's discretion and collected by any
means authorized for the collection of money judgments under the law of
this State.
(Source: P.A. 102-1104, eff. 1-1-23.)
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(725 ILCS 5/113-4) (from Ch. 38, par. 113-4)
Sec. 113-4. Plea. (a) When called upon to plead at arraignment the defendant
shall be furnished with a copy of the charge and shall plead guilty, guilty
but mentally ill, or not guilty.
(b) If the defendant stands mute a plea of not guilty shall be entered
for him and the trial shall proceed on such plea.
(c) If the defendant pleads guilty such plea shall not be accepted until
the court shall have fully explained to the defendant the following: (1) the maximum and minimum penalty provided by law | ||
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(2) as a consequence of a conviction or a plea of | ||
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(3) as a consequence of a conviction or a plea of | ||
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(4) as a consequence of a conviction or a plea of | ||
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(A) retain or obtain housing in the public or | ||
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(B) retain or obtain employment; and (C) retain or obtain a firearm, an occupational | ||
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After such explanation if the defendant understandingly
persists in his plea it shall be accepted by the court and recorded.
(d) If the defendant pleads guilty but mentally ill, the court shall
not accept such a plea until the defendant has undergone examination by
a clinical psychologist or psychiatrist
and the judge has examined the psychiatric or psychological
report or reports, held a hearing on
the issue of the defendant's mental condition and is satisfied that there
is a factual basis that the defendant was mentally ill at the time of the
offense to which the plea is entered.
(e) If a defendant pleads not guilty, the court shall advise him at
that time or at any later court date on which he is present that if he escapes from
custody or is released on bond and fails to appear in court when required
by the court that his failure to appear would constitute a waiver of his
right to confront the witnesses against him and trial could proceed in his absence.
(Source: P.A. 99-871, eff. 1-1-17.)
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(725 ILCS 5/113-4.1) (from Ch. 38, par. 113-4.1)
Sec. 113-4.1.
Plea of nolo contendere.
A defendant who is charged with a violation of the Illinois Income Tax
Act may plead not guilty, guilty or, with the consent of the court, nolo
contendere. The court may refuse to accept a plea of guilty, and shall not
accept such plea or a plea of nolo contendere without first addressing the
defendant personally and determining that the plea is made voluntarily with
understanding of the nature of the charge and the consequences of the plea.
If a defendant refuses to plead or if the court refuses to accept a plea of
guilty or if a defendant corporation fails to appear, the court shall enter
a plea of not guilty. The court shall not enter a judgment upon a plea of
guilty unless it is satisfied that there is a factual basis for the plea.
(Source: P.A. 78-267.)
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(725 ILCS 5/113-5) (from Ch. 38, par. 113-5)
Sec. 113-5.
Plea and Waiver of Jury by Person under 18.
No person under the age of 18 years shall be permitted to plead guilty,
guilty but mentally ill
or waive trial by jury in any case except where the penalty is by fine only
unless he is represented by counsel in open court.
(Source: P.A. 82-553.)
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(725 ILCS 5/113-6) (from Ch. 38, par. 113-6)
Sec. 113-6.
Effect of failure to arraign and irregularity of arraignment.
Neither a failure to arraign nor an irregularity in the arraignment
shall effect the validity of any proceeding in the cause if the defendant
pleads to the charge or proceeds to trial without objecting to such failure
or irregularity.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/113-8)
Sec. 113-8. Advisement concerning status as a noncitizen. (a) Before the acceptance of a plea of guilty, guilty but mentally ill, or
nolo contendere to a misdemeanor or felony
offense, the court shall give the following advisement to the defendant in open
court:
"If you are not a citizen of the United States, you are hereby advised that
conviction of the offense for which you
have been charged may have the consequence of deportation, exclusion from
admission to the United States, or denial of
naturalization under the laws of the United States.".
(b) If the defendant is arraigned on or after the effective date of this amendatory Act of the 101st General Assembly, and the court fails to advise the defendant as required by subsection (a) of this Section, and the defendant shows that conviction of the offense to which the defendant pleaded guilty, guilty but mentally ill, or nolo contendere may have the consequence for the defendant of deportation, exclusion from admission to the United States, or denial of naturalization under the laws of the United States, the court, upon the defendant's motion, shall vacate the judgment and permit the defendant to withdraw the plea of guilty, guilty but mentally ill, or nolo contendere and enter a plea of not guilty. The motion
shall be filed within 2 years of the date of the defendant's
conviction.(Source: P.A. 101-409, eff. 1-1-20; 102-1030, eff. 5-27-22.)
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(725 ILCS 5/Art. 114 heading) ARTICLE 114.
PRE-TRIAL MOTIONS
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(725 ILCS 5/114-1) (from Ch. 38, par. 114-1)
Sec. 114-1. Motion to dismiss charge.
(a) Upon the written motion of the defendant made prior to trial before
or after a plea has been entered the court may dismiss the indictment,
information or complaint upon any of the following grounds:
(1) The defendant has not been placed on trial in | ||
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(2) The prosecution of the offense is barred by | ||
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(3) The defendant has received immunity from | ||
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(4) The indictment was returned by a Grand Jury which | ||
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(5) The indictment was returned by a Grand Jury which | ||
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(6) The court in which the charge has been filed does | ||
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(7) The county is an improper place of trial.
(8) The charge does not state an offense.
(9) The indictment is based solely upon the testimony | ||
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(10) The defendant is misnamed in the charge and the | ||
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(11) The requirements of Section 109-3.1 have not | ||
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(b) The court shall require any motion to dismiss to be filed within a
reasonable time after the defendant has been arraigned. Any motion not
filed within such time or an extension thereof shall not be considered by
the court and the grounds therefor, except as to subsections (a)(6) and
(a)(8) of this Section, are waived.
(c) If the motion presents only an issue of law the court shall
determine it without the necessity of further pleadings. If the motion
alleges facts not of record in the case the State shall file an answer
admitting or denying each of the factual allegations of the motion.
(d) When an issue of fact is presented by a motion to dismiss and the
answer of the State the court shall conduct a hearing and determine the
issues.
(d-5) When a defendant seeks dismissal of the charge upon the ground set
forth in subsection (a)(7) of this Section, the defendant shall make a prima
facie showing that the county is an improper place of trial. Upon such
showing, the State shall have the burden of proving, by a preponderance of
the evidence, that the county is the proper place of trial.
(d-6) When a defendant seeks dismissal of the charge upon the grounds set forth in subsection (a)(2) of this Section, the prosecution shall have the burden of proving, by a preponderance of the evidence, that the
prosecution of the offense is not barred by Sections 3-3 through 3-8 of the Criminal Code of 2012. (e) Dismissal of the charge upon the grounds set forth in subsections
(a)(4) through (a)(11) of this Section shall not prevent the return of a
new indictment or the filing of a new charge, and upon such dismissal
the court may order that the defendant be held in custody or, if the
defendant had been previously released on pretrial release, that the pretrial release be continued for a specified time pending the return of a new
indictment or the filing of a new charge.
(f) If the court determines that the motion to dismiss based upon the
grounds set forth in subsections (a)(6) and (a)(7) is well founded it
may, instead of dismissal, order the cause transferred to a court of
competent jurisdiction or to a proper place of trial.
(Source: P.A. 100-434, eff. 1-1-18; 101-652, eff. 1-1-23.)
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(725 ILCS 5/114-2) (from Ch. 38, par. 114-2)
Sec. 114-2.
Motion for a bill of particulars.
(a) A written motion for a bill of particulars shall be filed before or
within a reasonable time after arraignment and shall specify the
particulars of the offense necessary to enable the defendant to prepare his
defense.
(b) A bill of particulars may be amended at any time before trial
subject to such conditions as justice may require.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/114-3) (from Ch. 38, par. 114-3)
Sec. 114-3.
Motion to discharge jury panel.
(a) Any objection to the manner in which a jury panel has been selected
or drawn shall be raised by a motion to discharge the jury panel prior to
the voir dire examination. For good cause shown the court may entertain the
motion after the voir dire has begun but such motion shall not be heard
after a jury has been sworn to hear the cause.
(b) The motion shall be in writing supported by affidavit and shall
state facts which show that the jury panel was improperly selected or
drawn.
(c) If the motion states facts which show that the jury panel has been
improperly selected or drawn it shall be the duty of the court to conduct a
hearing. The burden of proving that the jury panel was improperly selected
or drawn shall be upon the movant.
(d) If the court finds that the jury panel was improperly selected or
drawn the court shall order the jury panel discharged and the selection or
drawing of a new panel in the manner provided by law.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/114-4) (from Ch. 38, par. 114-4)
Sec. 114-4. Motion for continuance.
(a) The defendant or the State may move for a continuance. If the
motion is made more than 30 days after arraignment the court shall require
that it be in writing and supported by affidavit.
(b) A written motion for continuance made by defendant more than 30 days
after arraignment may be granted when:
(1) Counsel for the defendant is ill, has died, or is | ||
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(2) Counsel for the defendant has been unable to | ||
| ||
(3) A material witness is unavailable and the defense | ||
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(4) The defendant cannot stand trial because of | ||
| ||
(5) Pre-trial publicity concerning the case has | ||
| ||
(6) The amendment of a charge or a bill of | ||
| ||
(c) A written motion for continuance made by the State more than 30 days
after arraignment may be granted when:
(1) The prosecutor assigned to the case is ill, has | ||
| ||
(2) A material witness is unavailable and the | ||
| ||
(3) Pre-trial publicity concerning the case has | ||
| ||
(d) The court may upon the written motion of either party or upon the
court's own motion order a continuance for grounds not stated in
subsections (b) and (c) of this Section if he finds that the interests
of justice so require.
(e) All motions for continuance are addressed to the discretion of
the trial court and shall be considered in the light of the diligence
shown on the part of the movant. Where 1 year has expired since the filing
of an information or indictments, filed after January 1, 1980, if the court
finds that the State has failed to use due diligence in bringing the case
to trial, the court may, after a hearing had on the cause, on its own
motion, dismiss the information or indictment. Any demand that the
defendant had made for a speedy trial under Section 103-5 of this code
shall not abate if the State files a new information or the grand jury
reindicts in the cause.
After a hearing has been held upon the issue of the State's diligence and
the court has found that the State has failed to use due diligence in pursuing
the prosecution, the court may not dismiss the indictment or information
without granting the State one more court date upon which to proceed. Such
date shall be not less than 14 nor more than 30 days from the date of the
court's finding. If the State is not prepared to proceed upon that date,
the court shall dismiss the indictment or information, as provided in
this Section.
(f) After trial has begun a reasonably brief continuance may be
granted to either side in the interests of justice.
(g) During the time the General Assembly is in session, the court
shall, on motion of either party or on its own motion, grant a
continuance where the party or his attorney is a member of either house
of the General Assembly whose presence is necessary for the full, fair
trial of the cause and, in the case of an attorney, where the attorney
was retained by the party before the cause was set for trial.
(h) This Section shall be construed to the end that criminal cases
are tried with due diligence consonant with the rights of the defendant
and the State to a speedy, fair and impartial trial.
(i) Physical incapacity of a defendant may be grounds for a
continuance at any time. If, upon written motion of the defendant or the State
or upon the court's own motion, and after presentation of affidavits or
evidence, the court determines that the defendant is physically unable
to appear in court or to assist in his defense, or that such appearance
would endanger his health or result in substantial prejudice, a
continuance shall be granted. If such continuance precedes the
appearance of counsel for such defendant the court shall simultaneously
appoint counsel in the manner prescribed by Section 113-3 of this Act.
Such continuance shall suspend the provisions of Section 103-5 of this
Act, which periods of time limitation shall commence anew when the
court, after presentation of additional affidavits or evidence, has
determined that such physical incapacity has been substantially removed.
(j) In actions arising out of building code violations or violations
of municipal ordinances caused by the failure of a building or structure
to conform to the minimum standards of health and safety, the court shall
grant a continuance only upon a written motion by the party seeking the
continuance specifying the reason why such continuance should be granted.
(k) In prosecutions for violations of Section 10-1, 10-2, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
12-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 involving a victim or witness
who is a minor under 18 years of age, the court shall, in ruling on any
motion or other request for a delay or continuance of proceedings, consider
and give weight to the adverse impact the delay or continuance may have on
the well-being of a child or witness.
(l) The court shall consider the age of the victim and the condition
of the victim's health when ruling on a motion for a continuance.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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(725 ILCS 5/114-5) (from Ch. 38, par. 114-5)
Sec. 114-5.
Substitution of judge.
(a) Within 10 days after a cause involving only one defendant has
been placed on the trial call of a judge the defendant may move the
court in writing for a substitution of that judge on the
ground that such judge is so prejudiced against him that he
cannot receive a fair trial. Upon the filing of such a motion the court
shall proceed no further in the cause but shall transfer it to another judge
not named in the motion. The defendant may name only one judge as prejudiced,
pursuant to this subsection; provided, however,
that in a case in which the offense charged is a Class X felony or may be
punished by death or life imprisonment, the defendant may name two judges as prejudiced.
(b) Within 24 hours after a motion is made for substitution of judge
in a cause with multiple defendants each defendant shall have the right
to move in accordance with subsection (a) of this Section for a
substitution of one judge. The total number of judges named as
prejudiced by all defendants shall not exceed the total number of
defendants. The first motion for substitution of judge in a cause with
multiple defendants shall be made within 10 days after the cause has
been placed on the trial call of a judge.
(c) Within 10 days after a cause has been placed on the trial call of
a judge the State may move the court in writing for a substitution of that
judge on the ground that such judge is prejudiced against the State. Upon
the filing of such a motion the court shall proceed no further in the cause
but shall transfer it to another judge not named in the motion. The State
may name only one judge as prejudiced, pursuant to this subsection.
(d) In addition to the provisions of subsections (a), (b) and (c) of this
Section the State or any defendant may move at any time for substitution of
judge for
cause, supported by affidavit. Upon the filing of such motion
a hearing shall be conducted as soon as possible after its filing by a judge
not named in the motion; provided, however, that the judge named in
the motion need not testify, but may submit an affidavit if the judge wishes.
If the motion is allowed, the case shall be assigned to a judge not named
in the motion. If the motion is denied the case shall be assigned back
to the judge named in the motion.
(Source: P.A. 84-1428.)
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(725 ILCS 5/114-6) (from Ch. 38, par. 114-6)
Sec. 114-6.
Change of place of trial.) (a) A defendant may move the
court for a change of place of trial on the ground that there exists in
the county in which the charge is pending such prejudice against him on
the part of the inhabitants that he cannot receive a fair trial in such
county.
(b) The motion shall be in writing and supported by affidavit which
shall state facts showing the nature of the prejudice alleged. The
State may file counter-affidavits. The court shall conduct a hearing
and determine the merits of the motion.
(c) If the court determines that there exists in the county where
the prosecution is pending such prejudice against the defendant that he
cannot receive a fair trial it shall transfer the cause to the circuit
court in any county where a fair trial may be had.
(d) In all cases of change of place of trial the clerk of the court
from which the change is granted shall immediately prepare a full transcript
of the record and proceedings in the case, and of the petition, affidavits
and order for the change of place of trial, and transmit the same, together
with all papers filed in the case, including the indictment and recognizances
of the defendant and all witnesses, to the proper court. If the change
is granted to a part but not all of several defendants, a certified copy
of the indictment or information, and of the other papers in the case, shall
be transmitted to the court to which the change of place of trial is ordered, and
such certified copies shall stand as the originals. Such transcript and
papers may be transmitted by mail, or in such other way as the court may direct.
(e) When the applicant is in custody or confined in jail,
the court shall enter an order directed to
the sheriff or other officer having custody
of the applicant, to remove his body to the common jail of the county to
which the place of trial is changed, and there deliver him
to the keeper of the jail, together with the warrant by virtue
of which he is confined or held in custody, not more than 3 days next before
the day upon which the trial
is to commence in the court; and the sheriff shall obey such
order and shall endorse on such warrant of commitment the reason of the
change of custody, and shall deliver such warrant, with the body of the
prisoner, to the keeper of the jail of the proper county, who shall receive
the same and give to the sheriff a receipt therefor, and shall take charge
of and keep the prisoner in the same manner as if he had originally been
committed to his custody.
(f) When the place of trial is
changed in any criminal case, the parties and witnesses, and all others
who may have entered recognizances to attend
the trial of such cause, having notice of the change of place of trial,
must attend at the time and place at which the trial is to be
had according to such change, and a failure to do so shall operate as
a forfeiture of the recognizance.
(g) When the place of trial is changed the State's
attorney shall have all the witnesses on the part of the prosecution recognized
to appear at the court to which the change is ordered on the day upon which
the trial is to commence.
(h) Upon the termination of any trial, when a change of place
of trial has been
obtained, the clerk of the court in which the trial is had shall submit
a certified statement of all costs, fees, charges, claims and expenses resulting
from such change of place of trial and necessarily incurred
in connection with or
incident to the trial of the case, or any appeal therefrom,
or required in executing any and all orders of the court made in the
case, but shall not include charges for the use of the courtroom
or the facilities thereof,
nor shall it include fees or salaries paid to employees of the county in
which the trial is held, unless it is made necessary by reason of such trial,
and when so certified, the items thereof shall be paid by the county in
which such indictment or information was found to the officers and persons
entitled thereto. All fines imposed and collected in the county where the
trial is had, shall be paid over to the county in which the indictment or
information was found.
(Source: P.A. 82-280.)
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(725 ILCS 5/114-7) (from Ch. 38, par. 114-7)
Sec. 114-7.
Joinder of related prosecutions.
The court may order 2 or more charges to be tried together if the
offenses and the defendants could have been joined in a single charge. The
procedure shall be the same as if the prosecution were under a single
charge.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/114-8) (from Ch. 38, par. 114-8)
Sec. 114-8. Motion for severance.
(a) If it appears that a defendant or the State is prejudiced by a joinder
of related prosecutions or defendants in a single charge or by joinder of
separate charges or defendants for trial the court may order separate
trials, grant a severance of defendants, or provide any other relief as
justice may require. (b) In the case of a prosecution of multiple defendants for criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse arising out of the same course of conduct, the court, in deciding a motion to sever the charges and try the defendants separately, must consider, subject to constitutional limitations, the impact upon the alleged victim of multiple trials requiring the victim's testimony.
(Source: P.A. 94-668, eff. 1-1-06.)
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(725 ILCS 5/114-9) (from Ch. 38, par. 114-9)
Sec. 114-9.
Motion for a list of witnesses.
(a) On motion of the defendant the court shall order the State to
furnish the defense with a list of prosecution witnesses and their last
known addresses, except the home address of any peace officer witness shall
not be required to be so furnished, the address of his assignment station
being sufficient for the purposes of this statute.
(b) The court may permit witnesses not named in an original or amended
list to testify when the names of the additional witnesses were not known
and could not have been obtained by the exercise of due diligence prior to
trial.
(c) The requirements of subsection (a) of this Section shall not apply
to rebuttal witnesses.
(Source: P.A. 77-1428.)
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(725 ILCS 5/114-10) (from Ch. 38, par. 114-10)
Sec. 114-10.
Motion to produce confession.
(a) On motion of a defendant in any criminal case made prior to trial
the court shall order the State to furnish the defendant with a copy of any
written confession made to any law enforcement officer of this State or any
other State and a list of the witnesses to its making and acknowledgment.
If the defendant has made an oral confession a list of the witnesses to its
making shall be furnished.
(b) The list of witnesses may upon notice and motion be amended by the
State prior to trial.
(c) No such confession shall be received in evidence which has not been
furnished in compliance with subsection (a) of this Section unless the
court is satisfied that the prosecutor was unaware of the existence of such
confession prior to trial and that he could not have become aware of such
in the exercise of due diligence.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/114-11) (from Ch. 38, par. 114-11)
Sec. 114-11. Motion to Suppress Confession.
(a) Prior to the trial of any criminal case a defendant may move to
suppress as evidence any confession given by him on the ground that it was
not voluntary.
(b) The motion shall be in writing and state facts showing wherein the
confession is involuntary.
(c) If the allegations of the motion state facts which, if true, show
that the confession was not voluntarily made the court shall conduct a
hearing into the merits of the motion.
(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.
(e) The motion shall be made only before a court with jurisdiction to
try the offense.
(f) The issue of the admissibility of the confession shall not be
submitted to the jury. The circumstances surrounding the making of the
confession may be submitted to the jury as bearing upon the credibility or
the weight to be given to the confession.
(g) The motion shall be made before trial unless opportunity therefor
did not exist or the defendant was not aware of the grounds for the motion.
If the motion is made during trial, and the court determines that the
motion is not untimely, and the court conducts a hearing on the merits and
enters an order suppressing the confession, the court shall terminate the
trial with respect to every defendant who was a party to the hearing and
who was within the scope of the order of suppression, without further
proceedings, unless the State files a written notice that there will be no
interlocutory appeal from such order of suppression. In the event of such
termination, the court shall proceed with the trial of other defendants not
thus affected. Such termination of trial shall be proper and shall not bar
subsequent prosecution of the identical charges and defendants; however, if
after such termination the State fails to prosecute the interlocutory
appeal until a determination of the merits of the appeal by the reviewing
court, the termination shall be improper within the meaning of subparagraph
(a) (3) of Section 3-4 of the Criminal Code of 2012 and subsequent prosecution of such defendants upon such
charges shall be barred.
(Source: P.A. 97-1150, eff. 1-25-13.)
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(725 ILCS 5/114-12) (from Ch. 38, par. 114-12)
Sec. 114-12. Motion to Suppress Evidence Illegally Seized. (a) A defendant aggrieved by an unlawful search and seizure may move the
court for the return of property and to suppress as evidence anything so
obtained on the ground that:
(1) The search and seizure without a warrant was | ||
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(2) The search and seizure with a warrant was illegal | ||
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(b) The motion shall be in writing and state facts showing wherein the
search and seizure were unlawful. The judge shall receive evidence on any
issue of fact necessary to determine the motion and the burden of proving
that the search and seizure were unlawful shall be on the defendant. If the
motion is granted the property shall be restored, unless otherwise subject
to lawful detention, and it shall not be admissible in evidence against the
movant at any trial.
(1) If a defendant seeks to suppress evidence because | ||
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(2) "Good faith" means whenever a peace officer | ||
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(i) pursuant to a search or an arrest warrant | ||
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(ii) pursuant to a warrantless search incident to | ||
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(3) This amendatory Act of 1987 shall not be | ||
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(4) This amendatory Act of 1987 does not apply to | ||
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(c) The motion shall be made before trial unless opportunity therefor
did not exist or the defendant was not aware of the grounds for the motion.
If the motion is made during trial, and the court determines that the
motion is not untimely, and the court conducts a hearing on the merits and
enters an order suppressing the evidence, the court shall terminate the
trial with respect to every defendant who was a party to the hearing and
who was within the scope of the order of suppression, without further
proceedings, unless the State files a written notice that there will be no
interlocutory appeal from such order of suppression. In the event of such
termination, the court shall proceed with the trial of other defendants not
thus affected. Such termination of trial shall be proper and shall not bar
subsequent prosecution of the identical charges and defendants; however, if
after such termination the State fails to prosecute the interlocutory
appeal until a determination of the merits of the appeal by the reviewing
court, the termination shall be improper within the meaning of subparagraph
(a)(3) of Section 3-4 of the Criminal Code of 2012 and subsequent prosecution of such defendants upon such
charges shall be barred.
(d) The motion shall be made only before a court with jurisdiction to
try the offense.
(e) The order or judgment granting or denying the motion shall state the
findings of facts and conclusions of law upon which the order or judgment
is based.
(Source: P.A. 97-1150, eff. 1-25-13.)
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(725 ILCS 5/114-13) (from Ch. 38, par. 114-13)
Sec. 114-13. Discovery in criminal cases.
(a) Discovery procedures in criminal cases shall be in accordance with
Supreme Court Rules.
(b) Any public investigative, law enforcement, or other public agency
responsible for
investigating any homicide offense or participating in an investigation of any
homicide offense, other than defense investigators, shall provide to the
authority prosecuting the offense all
investigative material, including but not limited to reports, memoranda, and
field notes,
that have been generated by or have come into the
possession of the investigating agency concerning the homicide offense being
investigated. In addition, the investigating agency shall provide to the
prosecuting authority any material or information, including but not limited to
reports, memoranda, and field notes, within its possession or
control that would tend to negate the guilt of the accused of the offense
charged or reduce his or her punishment for the homicide offense. Every
investigative
and law enforcement agency in this State shall adopt policies to ensure
compliance with these standards.
Any investigative, law enforcement, or other public agency responsible for
investigating any "non-homicide felony" offense or participating in an
investigation of any "non-homicide felony" offense, other than defense
investigators, shall provide to the authority prosecuting the offense all
investigative material, including but not limited to reports and memoranda
that have been generated by or have come into the possession of the
investigating agency concerning the "non-homicide felony" offense being
investigated. In addition, the investigating agency shall provide to the
prosecuting authority any material or information, including but not limited to
reports and memoranda, within its possession or control that
would
tend to negate the guilt of the accused of the "non-homicide felony" offense
charged or reduce his or her punishment for the "non-homicide felony" offense.
This obligation to furnish exculpatory evidence exists whether the information
was recorded or documented in any form. Every investigative and law
enforcement agency in this State shall adopt policies to ensure compliance with
these standards.
(Source: P.A. 93-605, eff. 11-19-03.)
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(725 ILCS 5/114-13.5)
Sec. 114-13.5. Evidence deposition; elder abuse. In a prosecution for
abuse, neglect, or financial exploitation of an eligible adult as defined
in the Adult Protective Services Act, the eligible adult may give testimony
in the form of an evidence deposition and not be required to appear in court
to testify.
(Source: P.A. 98-49, eff. 7-1-13.)
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(725 ILCS 5/114-15) Sec. 114-15. (Repealed).(Source: P.A. 99-143, eff. 7-27-15. Repealed by P.A. 103-51, eff. 1-1-24.) |
(725 ILCS 5/Tit. VI heading) TITLE VI.
PROCEEDINGS AT TRIAL
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(725 ILCS 5/Art. 115 heading) ARTICLE 115.
TRIAL
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(725 ILCS 5/115-1) (from Ch. 38, par. 115-1)
Sec. 115-1.
Method of Trial.
All prosecutions except on a plea of guilty
or guilty but mentally ill shall be tried by the court and a jury unless
the defendant waives a jury trial in writing.
(Source: P.A. 87-410.)
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(725 ILCS 5/115-1.5)
Sec. 115-1.5. Waiver of counsel by persons under 17 years of age prohibited. A person under 17 years of age may not waive the right to the assistance of counsel in his or her defense in any judicial proceeding. This Section does not apply to a minor charged with an offense for which the penalty is a fine only. Except for violations of Sections 11-401, 11-402, 11-501, and 11-503 of the Illinois Vehicle Code, this Section does not apply to proceedings involving violations of the Illinois Vehicle Code.
(Source: P.A. 94-345, eff. 7-26-05.) |
(725 ILCS 5/115-2) (from Ch. 38, par. 115-2)
Sec. 115-2.
Pleas of Guilty and guilty but mentally ill.
(a) Before
or during trial a plea of guilty
may be accepted when:
(1) The defendant enters a plea of guilty in open court;
(2) The court has informed the defendant of the consequences of his plea
and of the maximum penalty provided by law which may be imposed upon
acceptance of such plea.
Upon acceptance of a plea of guilty the court shall determine
the factual basis for the plea.
(b) Before or during trial a plea of guilty but mentally ill may be
accepted by the court when:
(1) the defendant has undergone an examination by a clinical psychologist
or psychiatrist
and has waived his right to trial; and
(2) the judge has examined the psychiatric or psychological report or reports; and
(3) the judge has held a hearing, at which either party may present evidence,
on the issue of the defendant's mental health and, at the conclusion of
such hearing, is satisfied that there is a factual basis that the defendant
was mentally ill at the time of the offense to which the plea is entered.
(Source: P.A. 82-553.)
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(725 ILCS 5/115-3) (from Ch. 38, par. 115-3)
Sec. 115-3. Trial by the Court. (a) A trial shall be conducted in
the presence of the defendant unless he waives the right to be present.
(b) Upon conclusion of the trial the court shall enter a general
finding, except that, when the affirmative defense of insanity has been
presented during the trial and acquittal is based solely upon the
defense of insanity, the court shall enter a finding of not guilty by
reason of insanity. In the event of a finding of not guilty by reason
of insanity, a hearing shall be held pursuant to the Mental Health and
Developmental Disabilities Code to determine whether the defendant is
subject to involuntary admission.
(c) When the defendant has asserted a defense of insanity, the court
may find the defendant guilty but mentally ill if, after hearing all of
the evidence, the court finds that:
(1) the State has proven beyond a reasonable doubt | ||
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(2) the defendant has failed to prove his insanity as | ||
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(3) the defendant has proven by a preponderance of | ||
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(Source: P.A. 97-1150, eff. 1-25-13.)
|
(725 ILCS 5/115-4) (from Ch. 38, par. 115-4)
Sec. 115-4. Trial by Court and Jury.) (a) Questions of law shall be
decided by the court and questions of fact by the jury.
(b) The jury shall consist of 12 members.
(c) Upon request the parties shall be furnished with a list of
prospective jurors with their addresses if known.
(d) Each party may challenge jurors for cause.
If a prospective juror has a physical impairment, the court shall consider
such prospective juror's ability to perceive and appreciate the evidence
when considering a challenge for cause.
(e) A defendant tried alone shall be allowed 20 peremptory
challenges in a capital case, 10 in a case in which the punishment may
be imprisonment in the penitentiary, and 5 in all other cases; except
that, in a single trial of more than one defendant, each defendant shall
be allowed 12 peremptory challenges in a capital case, 6 in a case in
which the punishment may be imprisonment in the penitentiary, and 3 in
all other cases. If several charges against a defendant or defendants
are consolidated for trial, each defendant shall be allowed peremptory
challenges upon one charge only, which single charge shall be the charge
against that defendant authorizing the greatest maximum penalty. The
State shall be allowed the same number of peremptory challenges as all
of the defendants.
(f) After examination by the court the jurors may be examined,
passed upon, accepted and tendered by opposing counsel as provided by
Supreme Court rules.
(g) After the jury is impaneled and sworn the court may direct the
selection of 2 alternate jurors who shall take the same oath as the
regular jurors. Each party shall have one additional peremptory
challenge for each alternate juror. If before the final submission of a
cause a member of the jury dies or is discharged he shall be replaced by
an alternate juror in the order of selection.
(h) A trial by the court and jury shall be conducted in the presence
of the defendant unless he waives the right to be present.
(i) After arguments of counsel the court shall instruct the jury as
to the law.
(j) Unless the affirmative defense of insanity has been presented
during the trial, the jury shall return a general verdict as to each
offense charged. When the affirmative defense of insanity has been
presented during the trial, the court shall provide the jury not only
with general verdict forms but also with a special verdict form of not
guilty by reason of insanity, as to each offense charged, and in such
event the court shall separately instruct the jury that a special verdict
of not guilty by reason of insanity may be returned instead of a general
verdict but such special verdict requires a unanimous finding by the jury
that the defendant committed the acts charged but at the time of the
commission of those acts the defendant was insane. In the event of a
verdict of not guilty by reason of insanity, a hearing shall be held
pursuant to the Mental Health and Developmental Disabilities Code to
determine whether the defendant is subject to involuntary admission.
When the affirmative defense of insanity has been presented during the trial,
the court, where warranted by the evidence, shall also provide the jury
with a special verdict form of guilty but mentally ill, as to each offense
charged and shall separately instruct the jury that a special verdict of
guilty but mentally ill may be returned instead of a general verdict, but
that such special verdict requires a unanimous finding by the jury that:
(1) the State has proven beyond a reasonable doubt that the defendant is
guilty of the offense charged; and (2) the defendant has failed to prove
his insanity as required in subsection (b) of Section 3-2 of the Criminal
Code of 2012 and subsections (a), (b) and (e) of Section 6-2
of the Criminal Code of 2012; and (3) the defendant has proven
by a preponderance of the evidence that he was mentally ill, as defined in
subsections (c) and (d) of Section 6-2 of the Criminal Code of 2012 at the time of the offense.
(k) When, at the close of the State's evidence or at the close of
all of the evidence, the evidence is insufficient to support a finding
or verdict of guilty the court may and on motion of the defendant shall
make a finding or direct the jury to return a verdict of not guilty,
enter a judgment of acquittal and discharge the defendant.
(l) When the jury retires to consider its verdict an officer of the
court shall be appointed to keep them together and to prevent
conversation between the jurors and others; however, if any juror is deaf,
the jury may be accompanied by and may communicate with a court-appointed
interpreter during its deliberations. Upon agreement between the
State and defendant or his counsel the jury may seal and deliver its
verdict to the clerk of the court, separate, and then return such
verdict in open court at its next session.
(m) In the trial of a capital or other offense, any juror who is a
member of a panel or jury which has been impaneled and sworn as a panel
or as a jury shall be permitted to separate from other such jurors
during every period of adjournment to a later day, until final
submission of the cause to the jury for determination, except that no
such separation shall be permitted in any trial after the court, upon
motion by the defendant or the State or upon its own motion, finds a
probability that prejudice to the defendant or to the State will result
from such separation.
(n) The members of the jury shall be entitled to take notes during the
trial, and the sheriff of the county in which the jury is sitting shall
provide them with writing materials for this purpose. Such notes shall
remain confidential, and shall be destroyed by the sheriff after the verdict
has been returned or a mistrial declared.
(o) A defendant tried by the court and jury shall only be found guilty,
guilty but mentally ill, not guilty or not guilty by reason of insanity,
upon the unanimous verdict of the jury.
(Source: P.A. 97-1150, eff. 1-25-13.)
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(725 ILCS 5/115-4.1) (from Ch. 38, par. 115-4.1)
Sec. 115-4.1. Absence of defendant.
(a) When a defendant after arrest
and an initial court appearance for a non-capital felony or a misdemeanor,
fails to appear for trial, at the request of the State and after the State
has affirmatively proven through substantial evidence that the defendant
is willfully avoiding trial, the court may commence trial in the absence
of the defendant. Absence of a defendant as specified in this Section
shall not be a bar to indictment of a defendant, return of information
against a defendant, or arraignment of a defendant for the charge for which
pretrial release has been granted. If a defendant fails
to appear at arraignment, the court may enter a plea of "not guilty" on his
behalf. If a defendant absents himself before trial on a capital felony,
trial may proceed as specified in this Section provided that the State
certifies that it will not seek a death sentence following conviction.
Trial in the defendant's absence shall be by jury unless
the defendant had previously waived trial by jury. The absent defendant
must be represented by retained or appointed counsel.
The court, at the conclusion of all of the proceedings, may order the clerk
of the circuit court to pay counsel such sum as the court deems reasonable,
from any bond monies which were posted by the defendant with the clerk,
after the clerk has first deducted all court costs. If trial had previously
commenced in the presence of the defendant and the defendant willfully absents
himself for two successive court days, the court shall proceed to trial. All
procedural rights guaranteed by the United States Constitution, Constitution
of the State of Illinois, statutes of the State of Illinois, and rules of court
shall apply to the proceedings the same as if the defendant were present
in court and had not either had his or her pretrial release revoked or escaped
from custody. The court may set the case for a trial which may be conducted
under this Section despite the failure of the defendant to appear at the
hearing at which the trial date is set. When such trial date is set the
clerk shall send to the defendant, by certified mail at his last known address
indicated on his bond slip, notice of the new date which has been set for
trial. Such notification shall be required when the defendant was not
personally present in open court at the time when the case was set for trial.
(b) The absence of a defendant from a trial conducted pursuant to this
Section does not operate as a bar to concluding the trial, to a judgment
of conviction resulting therefrom, or to a final disposition of the trial
in favor of the defendant.
(c) Upon a verdict of not guilty, the court shall enter judgment for the
defendant. Upon a verdict of guilty, the court shall set a date for the
hearing of post-trial motions and shall hear such motion in the absence
of the defendant. If post-trial motions are denied, the court shall proceed
to conduct a sentencing hearing and to impose a sentence upon the defendant.
(d) A defendant who is absent for part of the proceedings of trial,
post-trial motions, or sentencing, does not thereby forfeit his right to be
present at all remaining proceedings.
(e) When a defendant who in his absence has been either convicted or
sentenced or both convicted and sentenced appears before the court, he must
be granted a new trial or new sentencing hearing if the defendant can
establish that his failure to appear in court was both without his fault
and due to circumstances beyond his control. A hearing with notice to the
State's Attorney on the defendant's request for a new trial or a new
sentencing hearing must be held before any such request may be granted. At
any such hearing both the defendant and the State may present evidence.
(f) If the court grants only the defendant's request for a new sentencing
hearing, then a new sentencing hearing shall be held in accordance with
the provisions of the Unified Code of Corrections. At any such hearing,
both the defendant and the State may offer evidence of the defendant's conduct
during his period of absence from the court. The court may impose any sentence
authorized by the Unified Code of Corrections and is not in any way limited
or restricted by any sentence previously imposed.
(g) A defendant whose motion under paragraph (e) for a new trial or new
sentencing hearing has been denied may file a notice of appeal therefrom.
Such notice may also include a request for review of the judgment and sentence
not vacated by the trial court.
(Source: P.A. 101-652, eff. 1-1-23.)
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(725 ILCS 5/115-4.5) Sec. 115-4.5. Death of defendant. Whenever the prosecuting attorney learns of the death of the defendant prior to the entry of a final and appealable judgment in a criminal case, he or she shall promptly notify the other party and file a certificate of notice of the defendant's death with the circuit court before which the case is pending. Upon filing of the certificate, the court shall enter an order abating the proceedings ab initio.
(Source: P.A. 99-778, eff. 1-1-17.) |
(725 ILCS 5/115-5) (from Ch. 38, par. 115-5)
Sec. 115-5. Business records as evidence.
(a) Any writing or record, whether in the form of an entry in a book
or otherwise, made as a memorandum or record of any act, transaction,
occurrence, or event, shall be admissible as evidence of such act,
transaction, occurrence, or event, if made in regular course of any
business, and if it was the regular course of such business to make such
memorandum or record at the time of such act, transaction, occurrence, or
event or within a reasonable time thereafter.
All other circumstances of the making of such writing or record,
including lack of personal knowledge by the entrant or maker, may be shown
to affect its weight, but such circumstances shall not affect its
admissibility.
The term "business," as used in this Section, includes business,
profession, occupation, and calling of every kind.
(b) If any business, institution, member of a profession or calling, or
any department or agency of government, in the regular course of business
or activity has kept or recorded any memorandum, writing, entry, print,
representation or combination thereof, of any act, transaction, occurrence,
or event, and in the regular course of business has caused any or all of
the same to be recorded, copied, or reproduced by any photographic,
photostatic, microfilm, micro-card, miniature photographic, optical
imaging, or other
process which accurately reproduces or forms a medium for so
reproducing the original, the original may be destroyed in the regular
course of business unless its preservation is required by law. Such
reproduction, when satisfactorily identified, is as admissible in evidence
as the original itself in any proceeding whether the original is in
existence or not and an enlargement or facsimile of such reproduction is
likewise admissible in evidence if the original reproduction is in
existence and available for inspection under direction of court. The
introduction of a reproduced record, enlargement, or facsimile does not
preclude admission of the original. This Section shall not be construed to
exclude from evidence any document or copy thereof which is otherwise
admissible under the rules of evidence.
(c) No writing or record made in the regular course of any business
shall become admissible as evidence by the application of this Section if:
(1) Such writing or record has been made by anyone in | ||
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(2) Such writing or record has been made by anyone | ||
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(d) Upon request of the moving party and with reasonable notice given to the opposing party, in a criminal prosecution in which the defendant is accused of an offense under Article 16 or 17 of the Criminal Code of 1961 or the Criminal Code of 2012, the court may, after a hearing, for good cause and upon appropriate safeguards, permit live foundational testimony business records as evidence, subject to cross-examination, in open court by means of a contemporaneous audio and video transmission from outside of this State. (Source: P.A. 98-579, eff. 1-1-14.)
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(725 ILCS 5/115-5.1) (from Ch. 38, par. 115-5.1)
Sec. 115-5.1.
In any civil or criminal action the records of the
coroner's medical or
laboratory examiner summarizing and detailing the performance of his
or her official duties in performing medical examinations upon deceased persons
or autopsies, or both, and kept in the ordinary course of business of
the coroner's office, duly certified by the county coroner or chief
supervisory coroner's pathologist or medical examiner, shall be received
as competent evidence in any court of this State, to the extent
permitted by this Section. These reports, specifically including but not
limited to the pathologist's protocol, autopsy reports and toxicological
reports, shall be public documents and thereby may be admissible as
prima facie evidence of the facts, findings, opinions, diagnoses and
conditions stated therein.
A duly certified coroner's protocol or autopsy report, or both,
complying with the requirements of this Section may be duly
admitted into evidence as an exception to the hearsay rule as prima
facie proof of the cause of death of the person to whom it relates. The
records referred to in this Section shall be limited to the records of
the results of post-mortem examinations of the findings of autopsy and
toxicological laboratory examinations.
Persons who prepare reports or records offered in evidence hereunder
may be subpoenaed as witnesses in civil or criminal cases upon the request of either
party to the cause. However, if such person is dead, the county coroner
or a duly authorized official of the coroner's office may testify to the
fact that the examining pathologist, toxicologist or other medical or
laboratory examiner is deceased and that the offered report or record
was prepared by such deceased person. The witness must further attest
that the medical report or record was prepared in the ordinary and usual
course of the deceased person's duty or employment in conformity with the
provisions of this Section.
(Source: P.A. 82-783.)
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(725 ILCS 5/115-6) (from Ch. 38, par. 115-6)
Sec. 115-6. Appointment of Psychiatrist or Clinical Psychologist. If the defendant has given notice that he may rely upon the defense of insanity
as defined in Section 6-2 of the Criminal Code of 2012 or the defendant
indicates that he intends to plead guilty but mentally ill or the defense
of intoxicated or drugged condition as defined in Section 6-3 of the Criminal
Code of 2012 or if the facts and circumstances of the case justify a reasonable
belief that the aforesaid defenses may be raised, the Court shall, on motion
of the State, order the defendant to submit to examination
by at least one clinical psychologist or psychiatrist, to be named by the
prosecuting attorney. The
Court shall also order the defendant to submit to an examination by one
neurologist, one clinical psychologist and one
electroencephalographer to be named by the prosecuting attorney if the
State asks for one or more of such additional examinations. The Court may
order additional examinations if the Court finds that additional
examinations by additional experts will be of substantial value in the
determination of issues of insanity or
drugged conditions. The reports of
such experts shall be made available to the defense. Any statements made by
defendant to such experts shall not be admissible against the defendant
unless he raises the defense of insanity or the defense of drugged
condition, in which case they shall be admissible only on the issue of
whether he was insane or drugged. The refusal of the defendant to cooperate
in such examinations shall not automatically preclude the raising of the aforesaid
defenses but shall preclude the defendant from offering expert evidence or
testimony tending to support such defenses if the expert evidence or
testimony is based upon the expert's examination of the defendant. If
the Court, after a hearing, determines to its satisfaction that the defendant's
refusal to cooperate was unreasonable it may, in its sound discretion, bar
any or all evidence upon the defense asserted.
(Source: P.A. 97-1150, eff. 1-25-13.)
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(725 ILCS 5/115-6.1) Sec. 115-6.1. Prostitution; affirmative defense. (a) In prosecutions for prostitution, when the accused intends to raise at trial the affirmative defense provided in subsection (c-5) of Section 11-14 of the Criminal Code of 2012 and has reason to believe that the evidence presented in asserting that defense may jeopardize the safety of the accused, courtroom personnel, or others impacted by human trafficking, the accused may file under seal a motion for an in camera hearing to review the accused's safety concerns. Upon receipt of the motion and notice to the parties, the court shall conduct an in camera hearing, with counsel present, limited to review of potential safety concerns. The court shall cause an official record of the in camera hearing to be made, which shall be kept under seal. The court shall not consider the merits of the affirmative defense during the in camera review. (b) If the court finds by a preponderance of the evidence that the assertion of an affirmative defense under subsection (c-5) of Section 11-14 of the Criminal Code of 2012 by the accused in open court would likely jeopardize the safety of the accused, court personnel, or other persons, the court may clear the courtroom with the agreement of the accused, order additional in camera hearings, seal the records, prohibit court personnel from disclosing the proceedings without prior court approval, or take any other appropriate measure that in the court's discretion will enhance the safety of the proceedings and ensure the accused a full and fair opportunity to assert his or her affirmative defense. (c) Statements made by the accused during the in camera hearing to review safety concerns shall not be admissible against the accused for the crimes charged.
(Source: P.A. 99-109, eff. 7-22-15.) |
(725 ILCS 5/115-7) (from Ch. 38, par. 115-7)
Sec. 115-7. a. In prosecutions for predatory criminal sexual assault of a
child, aggravated criminal sexual assault,
criminal sexual assault, aggravated criminal sexual abuse,
criminal sexual abuse, or criminal transmission of HIV; and in
prosecutions for battery and aggravated battery, when the commission of the
offense involves sexual penetration or sexual conduct as defined in Section
11-0.1 of the Criminal Code of 2012; and with the trial or retrial of the
offenses formerly known as rape, deviate sexual assault, indecent liberties
with a child, and aggravated indecent liberties with a child, the prior
sexual activity or the reputation of the alleged victim or corroborating
witness under Section 115-7.3 of this Code is inadmissible except
(1) as evidence
concerning the past sexual conduct of the alleged victim or corroborating
witness under Section 115-7.3 of this Code with the accused
when
this evidence is offered by the accused upon the issue of whether the alleged
victim or corroborating witness under Section 115-7.3 of this Code
consented to the sexual conduct with respect to which the offense is
alleged; or (2) when constitutionally required to be admitted.
b. No evidence admissible under this Section shall be introduced unless
ruled admissible by the trial judge after an offer of proof has been made
at a hearing to be held in camera in order to determine whether the defense
has evidence to impeach the witness in the event that prior sexual activity
with the defendant is denied. Such offer of proof shall include
reasonably specific information as to the date, time and place of the past
sexual conduct
between the alleged victim or corroborating witness under Section 115-7.3 of
this Code and the defendant. Unless the court finds
that reasonably specific information as to date, time or place, or some
combination thereof, has been offered as to prior sexual activity with
the defendant, counsel for the defendant shall be ordered
to refrain from inquiring into prior sexual activity between the alleged
victim or corroborating witness under Section 115-7.3 of this Code and the
defendant.
The court shall not admit evidence under this Section unless it determines at
the hearing that the evidence is relevant and the probative value of the
evidence outweighs the danger of unfair prejudice. The evidence shall be
admissible at trial to the extent an order made by the court specifies the
evidence that may be admitted and areas with respect to which the alleged
victim or corroborating witness under Section 115-7.3 of this Code may be
examined or cross examined.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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(725 ILCS 5/115-7.1) (from Ch. 38, par. 115-7.1)
Sec. 115-7.1.
Court may not order mental examination of sex victim.
Except where explicitly authorized by this Code or by the Rules of the Supreme
Court of Illinois, no court may require or order a witness who is the victim
of an alleged sex offense to submit to or undergo either a psychiatric or
psychological examination.
(Source: P.A. 83-289.)
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(725 ILCS 5/115-7.2) (from Ch. 38, par. 115-7.2)
Sec. 115-7.2.
In a prosecution for an illegal sexual act perpetrated upon a
victim, including but not limited to prosecutions for violations of
Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012, or ritualized
abuse of a child under Section 12-33 of the Criminal Code of 1961 or the Criminal Code of 2012, testimony
by
an expert, qualified by the court relating to any
recognized and accepted form of post-traumatic stress syndrome shall be
admissible as evidence.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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(725 ILCS 5/115-7.3)
Sec. 115-7.3. Evidence in certain cases.
(a) This Section applies to criminal cases in which:
(1) the defendant is accused of predatory criminal | ||
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(2) the defendant is accused of battery, aggravated | ||
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(3) the defendant is tried or retried for any of the | ||
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(b) If the defendant is accused of an offense set forth in paragraph (1)
or (2) of subsection (a) or the defendant is tried or retried for any of the
offenses set forth in paragraph (3) of subsection (a), evidence of the
defendant's commission of another offense or offenses set forth in paragraph
(1), (2), or (3) of subsection (a), or evidence to rebut that proof or an
inference from that proof, may be admissible (if that evidence is otherwise
admissible under the rules of evidence) and may be considered for its bearing
on any matter to which it is relevant.
(c) In weighing the probative value of the evidence against undue
prejudice to the defendant, the court may consider:
(1) the proximity in time to the charged or predicate | ||
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(2) the degree of factual similarity to the charged | ||
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(3) other relevant facts and circumstances.
(d) In a criminal case in which the prosecution intends to offer evidence
under this Section, it must disclose the evidence, including statements of
witnesses or a summary of the substance of any testimony, at a reasonable time
in advance of trial, or during trial if the court excuses pretrial notice on
good cause shown.
(e) In a criminal case in which evidence is offered under this Section,
proof may be made by specific instances of conduct, testimony as to reputation,
or testimony in the form of an expert opinion, except that the prosecution may
offer
reputation testimony only after the opposing party has offered that
testimony.
(f) In prosecutions for a violation of Section 10-2, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-3.05, 12-4, 12-13, 12-14,
12-14.1, 12-15, 12-16, or 18-5 of the Criminal Code of 1961 or the Criminal Code of 2012, involving the
involuntary delivery
of a controlled substance to a victim, no inference may be made about the fact
that a victim did not consent to a test for the presence of controlled
substances.
(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-160, eff. 1-1-14.)
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(725 ILCS 5/115-7.4) Sec. 115-7.4. Evidence in domestic violence cases. (a) In a criminal prosecution in which the defendant is accused of an offense of domestic violence as defined in paragraphs (1) and (3) of Section 103 of the Illinois Domestic Violence Act of 1986, or first degree murder or second degree murder when the commission of the offense involves domestic violence, evidence of the defendant's commission of another offense or offenses of domestic violence is admissible, and may be considered for its bearing on any matter to which it is relevant. (b) In weighing the probative value of the evidence against undue prejudice to the defendant, the court may consider: (1) the proximity in time to the charged or predicate | ||
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(2) the degree of factual similarity to the charged | ||
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(3) other relevant facts and circumstances. (c) In a criminal case in which the prosecution intends to offer evidence under this Section, it must disclose the evidence, including statements of witnesses or a summary of the substance of any testimony, at a reasonable time in advance of trial, or during trial if the court excuses pretrial notice on good cause shown. (d) In a criminal case in which evidence is offered under this Section, proof may be made by specific instances of conduct, testimony as to reputation, or testimony in the form of an expert opinion, except that the prosecution may offer reputation testimony only after the opposing party has offered that testimony.
(Source: P.A. 97-1036, eff. 8-20-12.) |
(725 ILCS 5/115-8) (from Ch. 38, par. 115-8)
Sec. 115-8.
A defendant may waive his right to be present during trial. However,
upon motion of the State's Attorney made prior to or during trial, the
court shall order the defendant to present himself in open court for the
purpose of identification.
(Source: P.A. 77-1426.)
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(725 ILCS 5/115-9) (from Ch. 38, par. 115-9)
Sec. 115-9.
(a) In a prosecution for theft, retail theft, deceptive practice,
robbery, armed robbery, burglary or residential burglary, the court shall
receive as competent evidence, a photograph of property over which the accused
is alleged to have exerted unauthorized control or to have otherwise obtained
unlawfully, if the
photograph:
(1) will serve the purpose of demonstrating the nature of the property; and
(2) is otherwise admissible into evidence under all other rules of law
governing the admissibility of photographs into evidence. The fact that
it is impractical to introduce into evidence the actual property for any
reason, including its size, weight, or unavailability, need not be established
for the court to find a photograph of that property to be competent evidence.
If a photograph is found to be competent evidence under this subsection,
it is admissible into evidence in place of the property and to the same
extent as the property itself.
(b) A law enforcement agency that is holding as evidence property over
which a person is alleged to have exerted unauthorized control or to have
otherwise obtained unlawfully, shall return that property to its owner if:
(1) the property has been photographed in a manner that will serve the
purpose of demonstrating the nature of the property, and if these photographs
are filed with or retained by the law enforcement agency in place of the property;
(2) receipt for the property is obtained from the owner upon delivery by the
law enforcement agency;
(3) the prosecuting attorney who is prosecuting a case that involves the
property furnishes the law enforcement agency
with a written request for return of the property to its owner; and
(4) the property may be lawfully possessed by the owner.
(c) Notwithstanding the provisions of subsection (b) of this Section a
court may, if a motion so requesting is filed by defendant before expiration
of the time period specified in subsection (d) of this Section, order the
law enforcement agency to hold such property as evidence pending completion of trial.
(d) The time period during which the defendant may file a motion with
the court for retention of the property as evidence shall be as follows:
(1) if the property was being displayed, held, stored or offered for sale
to the public by a person or entity holding a Retailers Occupation Tax Number
issued by the State of Illinois, the time period shall expire 14 days after
the arrest of the defendant;
(2) for all other property, the time period shall expire 30 days after
the filing of an information or indictment, or in the case of misdemeanor
charges within 30 days after the filing of a complaint.
(Source: P.A. 83-1362.)
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(725 ILCS 5/115-9.2) Sec. 115-9.2. Currency used in undercover investigation. (a) In a prosecution in which United States currency was used by a law enforcement officer or agency or by a person acting under the direction of a law enforcement officer or agency in an undercover investigation of an offense that has imprisonment as an available sentence for a violation of the offense, the court shall receive, as competent evidence, a photograph, photostatic copy, or photocopy of the currency used in the undercover investigation, if: (1) the photograph, photostatic copy, or photocopy | ||
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(2) the individual serial numbers of the currency are | ||
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(3) the photograph, photostatic copy, or photocopy | ||
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(4) the photograph, photostatic copy, or photocopy is | ||
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(b) The fact that it is impractical to introduce into evidence the actual currency for any reason, including its size, weight, or unavailability, need not be established for the court to find a photograph, photostatic copy, or photocopy of that currency to be competent evidence. (c) If a photograph, photostatic copy, or photocopy is found to be competent evidence under this Section, it is admissible into evidence in place of the currency and to the same extent as the currency itself.
(Source: P.A. 99-685, eff. 1-1-17; 100-201, eff. 8-18-17.) |
(725 ILCS 5/115-10) (from Ch. 38, par. 115-10)
Sec. 115-10. Certain hearsay exceptions.
(a) In a prosecution for a physical or sexual act perpetrated upon or
against a child under the age of 13, a
person with an intellectual disability, a person with a cognitive impairment, or a person with a developmental disability, including, but not
limited to, prosecutions for violations of Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012 and prosecutions for violations of Sections
10-1 (kidnapping), 10-2 (aggravated kidnapping), 10-3 (unlawful restraint), 10-3.1 (aggravated unlawful restraint), 10-4 (forcible detention), 10-5 (child abduction), 10-6 (harboring a runaway), 10-7 (aiding or abetting child abduction), 11-9 (public indecency), 11-11 (sexual relations within families), 11-21 (harmful material), 12-1 (assault), 12-2 (aggravated assault), 12-3 (battery), 12-3.2 (domestic battery), 12-3.3 (aggravated domestic battery), 12-3.05 or
12-4 (aggravated battery), 12-4.1 (heinous battery), 12-4.2 (aggravated battery with a firearm), 12-4.3 (aggravated battery of a child), 12-4.7 (drug induced infliction of great bodily harm), 12-5 (reckless conduct), 12-6 (intimidation), 12-6.1 or 12-6.5 (compelling organization membership of persons), 12-7.1 (hate crime), 12-7.3 (stalking),
12-7.4 (aggravated stalking), 12-10 or 12C-35 (tattooing the body of a minor), 12-11 or 19-6 (home invasion), 12-21.5 or 12C-10 (child abandonment), 12-21.6 or 12C-5 (endangering the life or health of a child) or 12-32 (ritual mutilation) of the Criminal Code of
1961 or the Criminal Code of 2012 or any sex offense as defined in subsection (B) of Section 2 of the Sex Offender Registration Act, the following evidence shall be admitted as an exception to the
hearsay rule:
(1) testimony by the victim of an out of court | ||
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(2) testimony of an out of court statement made by | ||
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(b) Such testimony shall only be admitted if:
(1) The court finds in a hearing conducted outside | ||
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(2) The child or person with an intellectual | ||
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(A) testifies at the proceeding; or
(B) is unavailable as a witness and there is | ||
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(3) In a case involving an offense perpetrated | ||
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(c) If a statement is admitted pursuant to this Section, the court shall
instruct the jury that it is for the jury to determine the weight and
credibility to be given the statement and that, in making the determination,
it shall consider the age and maturity of the child, or the
intellectual capabilities of the person with an intellectual disability, a cognitive impairment, or developmental disability, the nature of the statement, the circumstances under which the
statement was made, and any other relevant factor.
(d) The proponent of the statement shall give the adverse party
reasonable notice of his intention to offer the statement and the
particulars of the statement.
(e) Statements described in paragraphs (1) and (2) of subsection (a) shall
not be excluded on the basis that they were obtained as a result of interviews
conducted pursuant to a protocol adopted by a Child Advocacy Advisory Board as
set forth in subsections (c), (d), and (e) of Section 3 of the Children's
Advocacy Center Act or that an interviewer or witness to the interview was or
is an employee, agent, or investigator of a State's Attorney's office.
(f) For the purposes of this Section: "Person with a cognitive impairment" means a person with a significant impairment of cognition or memory that represents a marked deterioration from a previous level of function. Cognitive impairment includes, but is not limited to, dementia, amnesia, delirium, or a traumatic brain injury. "Person with a developmental disability" means a person with a disability that is attributable to (1) an intellectual disability, cerebral palsy, epilepsy, or autism, or (2) any other condition that results in an impairment similar to that caused by an intellectual disability and requires services similar to those required by a person with an intellectual disability. "Person with an intellectual disability" means a person with significantly subaverage general intellectual functioning which exists concurrently with an impairment in adaptive behavior.(Source: P.A. 99-143, eff. 7-27-15; 99-752, eff. 1-1-17; 100-201, eff. 8-18-17.) |
(725 ILCS 5/115-10.1) (from Ch. 38, par. 115-10.1)
Sec. 115-10.1.
Admissibility of Prior Inconsistent Statements.
In all
criminal cases, evidence of a statement made by a witness is not made inadmissible
by the hearsay rule if
(a) the statement is inconsistent with his testimony at the hearing or trial, and
(b) the witness is subject to cross-examination concerning the statement, and
(c) the statement--
(1) was made under oath at a trial, hearing, or other proceeding, or
(2) narrates, describes, or explains an event or condition of which the
witness had personal knowledge, and
(A) the statement is proved to have been written or signed by the witness, or
(B) the witness acknowledged under oath the making of the statement
either in his testimony at the hearing or trial in which the admission into
evidence of the prior statement is being sought, or at a trial, hearing,
or other proceeding, or
(C) the statement is proved to have been accurately recorded by a tape
recorder, videotape recording, or any other similar electronic means of
sound recording.
Nothing in this Section shall render a prior inconsistent statement inadmissible
for purposes of impeachment because such statement was not recorded or otherwise
fails to meet the criteria set forth herein.
(Source: P.A. 83-1042.)
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(725 ILCS 5/115-10.2)
Sec. 115-10.2. Admissibility of prior statements when witness refused to
testify despite a court order to testify.
(a) A statement not specifically covered by any other hearsay exception
but having equivalent circumstantial guarantees of trustworthiness, is not
excluded by the hearsay rule if the declarant is unavailable as defined in
subsection (c) and if the court determines that:
(1) the statement is offered as evidence of a | ||
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(2) the statement is more probative on the point for | ||
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(3) the general purposes of this Section and the | ||
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(b) A statement may not be admitted under this exception unless the
proponent of it makes known to the adverse party sufficiently in advance of the
trial or hearing to provide the adverse party with a fair opportunity to
prepare to meet it, the proponent's intention to offer the statement, and the
particulars of the statement, including the name and
address of the declarant.
(c) Unavailability as a witness is limited to the situation in which the
declarant persists in refusing to testify concerning the subject matter of the
declarant's statement despite an order of the court to do so.
(d) A declarant is not unavailable as a witness if exemption, refusal, claim
or lack of memory, inability or absence is due to the procurement or wrongdoing
of the proponent of a statement for purpose of preventing the witness from
attending or testifying.
(e) Nothing in this Section shall render a prior statement inadmissible for
purposes of impeachment because the statement was not recorded or otherwise
fails to meet the criteria set forth in this Section. (f) Prior statements are admissible under this Section only if the statements were made under oath and were subject to cross-examination by the adverse party in a prior trial, hearing, or other proceeding.
(Source: P.A. 93-413, eff. 8-5-03; 93-443, eff. 8-5-03; 94-53, eff. 6-17-05.)
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(725 ILCS 5/115-10.2a)
Sec. 115-10.2a.
Admissibility of prior statements in domestic violence
prosecutions when the witness is unavailable to testify.
(a) In a domestic violence prosecution, a statement, made by an
individual identified in Section 201 of the Illinois Domestic Violence Act of
1986 as a person protected by that Act, that is not specifically covered by
any other hearsay exception but having equivalent circumstantial guarantees
of trustworthiness, is not excluded by the hearsay rule if the declarant is
identified as unavailable as defined in subsection (c) and if the court
determines that:
(1) the statement is offered as evidence of a | ||
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(2) the statement is more probative on the point for | ||
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(3) the general purposes of this Section and the | ||
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(b) A statement may not be admitted under this exception unless the
proponent of
it
makes
known to the adverse party sufficiently in advance of the trial or hearing to
provide the adverse party with a fair opportunity to prepare to meet it, the
proponent's intention to offer the statement, and the particulars of the
statement,
including the name and address of the declarant.
(c) Unavailability as a witness includes circumstances in which the
declarant:
(1) is exempted by ruling of the court on the ground | ||
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(2) persists in refusing to testify concerning the | ||
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(3) testifies to a lack of memory of the subject | ||
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(4) is unable to be present or to testify at the | ||
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(5) is absent from the hearing and the proponent of | ||
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(6) is a crime victim as defined in Section 3 of the | ||
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(d) A declarant is not unavailable as a witness if exemption, refusal, claim
of lack of memory, inability, or absence is due to the procurement or
wrongdoing of the proponent of a statement for purpose of preventing
the witness from attending or testifying.
(e) Nothing in this Section shall render a prior statement inadmissible for
purposes of impeachment because the statement was not recorded or
otherwise fails to meet the criteria set forth in this Section.
(Source: P.A. 97-1150, eff. 1-25-13.)
|
(725 ILCS 5/115-10.3)
Sec. 115-10.3. Hearsay exception regarding elder adults.
(a) In a prosecution for a physical act, abuse, neglect, or financial
exploitation
perpetrated upon or against an eligible adult, as defined in
the Adult Protective Services Act, who has been diagnosed by a physician to suffer from (i) any form of
dementia, developmental disability, or other form of mental incapacity or (ii)
any physical infirmity, including but not limited to
prosecutions for violations of Sections 10-1, 10-2, 10-3, 10-3.1, 10-4, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-11,
12-1, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.5, 12-4.6, 12-4.7, 12-5, 12-6, 12-7.3, 12-7.4, 12-11, 12-11.1, 12-13, 12-14, 12-15, 12-16, 12-21,
16-1, 16-1.3, 17-1, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, 18-5, 18-6, 19-6, 20-1.1,
24-1.2, and 33A-2, or subsection (b) of Section 12-4.4a of the Criminal Code of 2012, the following evidence shall be admitted
as an exception to the hearsay rule:
(1) testimony by an eligible adult, of an out of | ||
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(2) testimony of an out of court statement made by | ||
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(b) Such testimony shall only be admitted if:
(1) The court finds in a hearing conducted outside | ||
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(2) The eligible adult either:
(A) testifies at the proceeding; or
(B) is unavailable as a witness and there is | ||
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(c) If a statement is admitted pursuant to this Section, the court shall
instruct the jury that it is for the jury to determine the weight and
credibility to be given the statement and that, in making the determination, it
shall consider the condition of the eligible adult, the nature of
the
statement, the circumstances under which the statement was made, and any other
relevant factor.
(d) The proponent of the statement shall give the adverse party reasonable
notice of his or her intention to offer the statement and the particulars of
the statement.
(Source: P.A. 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-49, eff. 7-1-13.) |
(725 ILCS 5/115-10.4)
Sec. 115-10.4. Admissibility of prior statements when witness is deceased.
(a) A statement not specifically covered by any other hearsay exception
but having equivalent circumstantial guarantees of trustworthiness is not
excluded by the hearsay rule if the declarant is deceased
and if the court determines that:
(1) the statement is offered as evidence of a | ||
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(2) the statement is more probative on the point for | ||
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(3) the general purposes of this Section and the | ||
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(b) A statement may not be admitted under this exception unless the
proponent of it makes known to the adverse party sufficiently in advance of the
trial or hearing to provide the adverse party with a fair opportunity to
prepare to meet it, the proponent's intention to offer the statement, and the
particulars of the statement, including the name
of the declarant.
(c) Unavailability as a witness under this Section is limited to the
situation in which the declarant is deceased.
(d) Any prior statement that is sought to be admitted under this Section
must have been made by the declarant under oath at a trial, hearing, or other
proceeding and been subject to cross-examination by the adverse party.
(e) Nothing in this Section shall render a prior statement inadmissible for
purposes of impeachment because the statement was not recorded or otherwise
fails to meet the criteria set forth in this Section.
(Source: P.A. 94-53, eff. 6-17-05.)
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(725 ILCS 5/115-10.5)
Sec. 115-10.5. Hearsay exception regarding safe zone testimony.
(a) In any prosecution for any offense charged as a violation of Section
407 of the Illinois Controlled Substances Act, Section 55 of the Methamphetamine Control and Community Protection Act, or Section 5-130 of the Juvenile
Court Act of 1987 the following evidence shall be admitted as an exception to
the hearsay rule any testimony by any qualified individual regarding the status
of any property as:
(1) a truck stop or safety rest area, or
(2) a school or conveyance owned, leased or | ||
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(3) residential property owned, operated, and managed | ||
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(4) a public park, or
(5) the real property comprising any church, | ||
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(6) the real property comprising any of the following | ||
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(b) As used in this Section, "qualified individual" means any person who
(i) lived or worked within the territorial jurisdiction where the offense took
place when the offense took place; and (ii) is familiar with various public
places within the territorial jurisdiction where the offense took place when
the offense took place.
(c) For the purposes of this Section, "qualified individual" includes any
peace officer, or any member of any duly organized State, county, or municipal
peace unit, assigned to the territorial jurisdiction where the offense took
place when the offense took place.
(d) This Section applies to all prosecutions pending at the time this
amendatory Act of the 91st General Assembly takes effect and to all
prosecutions commencing on or after its effective date.
(Source: P.A. 94-556, eff. 9-11-05.)
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(725 ILCS 5/115-10.5a) Sec. 115-10.5a. Admissibility of evidence concerning gang databases. (a) In this Section, "gang database", "gang member", and "shared gang database" have the same meanings ascribed to those terms as in Section 5 of the Law
Enforcement Gang Database Information Act. (b) In all criminal cases, evidence which indicates the mere presence that the person was or is on a gang database or a shared gang database is not admissible.
(Source: P.A. 103-185, eff. 6-30-23.) |
(725 ILCS 5/115-10.6)
Sec. 115-10.6. (Repealed).
(Source: P.A. 97-1150, eff. 1-25-13. Repealed by P.A. 99-243, eff. 8-3-15.)
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(725 ILCS 5/115-10.7)
Sec. 115-10.7. (Repealed).
(Source: P.A. 96-377, eff. 8-11-09. Repealed by P.A. 99-243, eff. 8-3-15.)
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(725 ILCS 5/115-11) (from Ch. 38, par. 115-11)
Sec. 115-11.
In a prosecution for a criminal offense defined
in Article 11 or in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012, when the alleged victim of the offense was a minor
under 18
years of age at the time of the offense, the court may exclude from the proceedings
while the victim is testifying, regardless of the alleged victim's age at the time of the victim's courtroom testimony, all persons, who, in the opinion of the
court, do not have a direct interest in the case, except the media. When the court publishes to the trier of fact videos, photographs, or any depiction of a minor under 18 years of age engaged in a sex act, the court may exclude from the proceedings all persons, who, in the opinion of the court, do not have a direct interest in the case, except the media. The court shall enter its finding that particular parties are disinterested and the basis for that finding into the record.
(Source: P.A. 102-994, eff. 5-27-22; 103-154, eff. 6-30-23.)
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(725 ILCS 5/115-11.1) (from Ch. 38, par. 115-11.1)
Sec. 115-11.1. Use of "Rape". The use of the word "rape", "rapist", or
any derivative of "rape" by any victim, witness, State's Attorney, defense
attorney, judge or other court personnel in any prosecutions of offenses in
Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 is
not inadmissible.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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(725 ILCS 5/115-12) (from Ch. 38, par. 115-12)
Sec. 115-12.
Substantive Admissibility of Prior Identification.
A statement
is not rendered inadmissible by the hearsay rule if (a) the declarant testifies
at the trial or hearing, and (b) the declarant is subject to cross-examination
concerning the statement, and (c) the statement is one of identification
of a person made after perceiving him.
(Source: P.A. 83-367.)
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(725 ILCS 5/115-13) (from Ch. 38, par. 115-13)
Sec. 115-13.
In a prosecution for violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
12-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012, statements made by the
victim to medical personnel for purposes of medical diagnosis or treatment
including descriptions of the cause of symptom, pain or sensations, or the
inception or general character of the cause or external source thereof
insofar as reasonably pertinent to diagnosis or treatment shall be admitted
as an exception to the hearsay rule.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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(725 ILCS 5/115-14) (from Ch. 38, par. 115-14)
Sec. 115-14.
Witness Competency.
(a) Every person, irrespective of
age, is qualified to be a witness and no person is disqualified to testify
to any matter, except as provided in subsection (b).
(b) A person is disqualified to be a witness if he or she is:
(1) Incapable of expressing himself or herself concerning the matter so
as to be understood, either directly or through interpretation by one who
can understand him or her; or
(2) Incapable of understanding the duty of a witness to tell the truth.
(c) A party may move the court prior to a witness' testimony being
received in evidence, requesting that the court make a determination if a
witness is competent to testify. The hearing shall be conducted outside
the presence of the jury and the burden of proof shall be on the moving
party.
(Source: P.A. 85-1190.)
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(725 ILCS 5/115-15)
Sec. 115-15. Laboratory reports.
(a) In any criminal prosecution for a violation of
the Cannabis
Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, a laboratory report
from the Illinois State Police, Division of Forensic Services, that is
signed and sworn to by the person performing an
analysis and that states (1) that the substance that is the basis of the
alleged
violation
has been weighed and analyzed, and (2) the person's findings as to the
contents, weight and identity of the substance, and (3) that it contains any
amount of a controlled substance or cannabis is prima facie evidence of the
contents, identity and weight of the substance. Attached to the report
shall be a copy of a notarized statement by the signer of the report giving
the name of the signer and stating (i) that he or she is an employee of the
Illinois State Police, Division of Forensic Services,
(ii) the name and location of the laboratory where the analysis was
performed, (iii) that performing the analysis is a part of his or her regular
duties, and (iv) that the signer is qualified by education, training and
experience to perform the analysis. The signer shall also allege that
scientifically accepted tests were performed with due caution and that the
evidence was handled in accordance with established and accepted procedures
while in the custody of the laboratory.
(a-5) In any criminal prosecution for reckless homicide under Section 9-3
of the
Criminal Code of
1961 or the Criminal Code of 2012, or driving under the influence of alcohol, other drug, or combination of
both, in
violation of Section
11-501 of the Illinois Vehicle Code or in any civil action held under a
statutory summary
suspension or revocation hearing under Section 2-118.1 of the Illinois Vehicle Code, a
laboratory report from the
Illinois State Police, Division of Forensic Services, that is signed and
sworn to by the person
performing an analysis, and that states
that the sample of blood, other bodily substance, or urine was tested for alcohol or
drugs, and
contains the person's findings as to the presence and amount
of
alcohol or
drugs and type of drug is prima facie evidence of
the presence, content, and amount of the alcohol or drugs analyzed in
the blood, other bodily substance, or urine. Attached to the report must be a copy of a notarized
statement by the
signer of the report giving the name of the signer and stating (1) that he or
she is an employee
of the Illinois State Police, Division of Forensic Services, (2) the name
and location
of the laboratory where the analysis was performed, (3) that performing the
analysis is a part
of his or her regular duties, (4) that the signer is qualified by
education, training, and
experience to perform the analysis, and (5) that
scientifically accepted
tests were performed with due caution and that the evidence was handled in
accordance with
established and accepted procedures while in the custody of the laboratory.
(b) The State's Attorney shall serve a copy of the report on the
attorney of record for the accused, or on the accused if he or she has no
attorney, before any proceeding in which the report is to be used against
the accused other than at a preliminary hearing or grand jury hearing when
the report may be used without having been previously served upon the accused.
(c) The report shall not be prima facie evidence if the
accused or his or her attorney
demands the testimony of the person signing the report by serving the
demand upon the State's Attorney within 7 days from the accused or his or her
attorney's receipt of the report.
(Source: P.A. 102-538, eff. 8-20-21.)
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(725 ILCS 5/115-16)
Sec. 115-16. Witness disqualification. No person shall
be disqualified as a witness in a
criminal case or proceeding by reason of his or her interest in the event of
the case or proceeding, as a party or otherwise, or by reason of
his or her having been convicted of a crime; but the
interest or conviction may be shown for the purpose of affecting the
credibility of the witness. A defendant in
a criminal case or proceeding shall only at his or her own request
be deemed a competent witness, and the person's neglect to testify shall not
create a presumption against the person, nor shall the court permit
a reference or comment to be made to or upon that
neglect.
In criminal cases, husband and wife may testify for or against each
other. Neither, however, may testify as to any
communication or admission
made by either of them to the other or as to any conversation between them
during marriage, except in cases in which either is charged with
an offense against the person or property of the other, in case of
spouse abandonment, when the interests of their child or
children or of any child or children in either spouse's care, custody, or
control are directly involved, when either is charged with or under investigation for an offense under Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13,
12-14, 12-14.1, 12-15, or 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012 and the victim is a minor under 18 years of age in
either spouse's care, custody, or control at the time of the offense, or
as to matters in which either has acted as agent of the other.
(Source: P.A. 96-1242, eff. 7-23-10; 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
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(725 ILCS 5/115-17)
Sec. 115-17. Clerk; issuance of subpoenas. It is the duty of the clerk of
the court to issue
subpoenas, either on the part of the people or of the accused, directed to the
sheriff or coroner of any county of this State. An attorney admitted to practice in the State of Illinois, as an officer of the court, may also issue subpoenas in a pending action. A witness
who is duly subpoenaed who neglects or refuses to attend any court, under
the requisitions of the subpoena, shall be proceeded against and
punished for contempt of the court. Attachments against witnesses who
live in a different county from that where the subpoena is
returnable
may be served in the same manner as warrants are directed to be served out of
the county from which they issue.
(Source: P.A. 96-485, eff. 1-1-10.)
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(725 ILCS 5/115-17a)
Sec. 115-17a.
Subpoenas to crime victims.
In a post conviction proceeding,
before the crime victim may be subpoenaed by the defendant, the defendant must
first petition the court and give notice to the victim. At the hearing on the
petition, the victim shall be given the opportunity to appear and object to the
requested subpoena. At the request of the victim, the State's Attorney shall
represent the victim in the proceeding. The court shall grant the request for
the subpoena only if and to the extent it determines that the subpoena seeks
evidence that is material and relevant to the post conviction hearing. For the
purposes of this Section, "crime victim" has the meaning ascribed to it in
Section 3 of the Rights of Crime Victims and Witnesses Act.
(Source: Incorporates P.A. 89-291, eff. 1-1-96; 89-626, eff. 8-9-96.)
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(725 ILCS 5/115-17b) Sec. 115-17b. Administrative subpoenas. (a) Definitions. As used in this Section: "Electronic communication services" and "remote | ||
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"Offense involving the sexual exploitation of | ||
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(b) Subpoenas duces tecum. In any criminal investigation of an offense involving the sexual exploitation of children, the Attorney General, or his or her designee, or a State's Attorney, or his or her designee, may issue in writing and cause to be served subpoenas duces tecum to providers of electronic communication services or remote computing services requiring the production of records relevant to the investigation. Any such request for records shall not extend beyond requiring the provider to disclose the information specified in 18 U.S.C. 2703(c)(2). Any subpoena duces tecum issued under this Section shall be made returnable to the Chief Judge of the Circuit Court for the Circuit in which the State's Attorney resides, or his or her designee, or for subpoenas issued by the Attorney General, the subpoena shall be made returnable to the Chief Judge of the Circuit Court for the Circuit to which the investigation pertains, or his or her designee, to determine whether the documents are privileged and whether the subpoena is unreasonable or oppressive. (c) Contents of subpoena. A subpoena under this Section shall describe the records or other things required to be produced and prescribe a return date within a reasonable period of time within which the objects or records can be assembled and made available. (c-5) Contemporaneous notice to Chief Judge. Whenever a subpoena is issued under this Section, the Attorney General or his or her designee or the State's Attorney or his or her designee shall be required to provide a copy of the subpoena to the Chief Judge of the county in which the subpoena is returnable. (d) Modifying or quashing subpoena. At any time before the return date specified in the subpoena, the person or entity to whom the subpoena is directed may petition for an order modifying or quashing the subpoena on the grounds that the subpoena is oppressive or unreasonable or that the subpoena seeks privileged documents or records. (e) Ex parte order. An Illinois circuit court for the circuit in which the subpoena is or will be issued, upon application of the Attorney General, or his or her designee, or State's Attorney, or his or her designee, may issue an ex parte order that no person or entity disclose to any other person or entity (other than persons necessary to comply with the subpoena) the existence of such subpoena for a period of up to 90 days. (1) Such order may be issued upon a showing that the | ||
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(A) endangerment to the life or physical safety | ||
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(B) flight to avoid prosecution; (C) destruction of or tampering with evidence; (D) intimidation of potential witnesses; or (E) otherwise seriously jeopardizing an | ||
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(2) An order under this Section may be renewed for | ||
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(f) Enforcement. A witness who is duly subpoenaed who neglects or refuses to comply with the subpoena shall be proceeded against and punished for contempt of the court. A subpoena duces tecum issued under this Section may be enforced pursuant to the Uniform Act to Secure the Attendance of Witnesses from Within or Without a State in Criminal Proceedings. (g) Immunity from civil liability. Notwithstanding any federal, State, or local law, any person, including officers, agents, and employees, receiving a subpoena under this Section, who complies in good faith with the subpoena and thus produces the materials sought, shall not be liable in any court of Illinois to any customer or other person for such production or for nondisclosure of that production to the customer.
(Source: P.A. 99-642, eff. 7-28-16.) |
(725 ILCS 5/115-18)
Sec. 115-18.
Employee protected.
No employer shall
discharge or terminate, or threaten to
discharge or terminate, from his or her employment, or otherwise punish or
penalize his or her employee who is a witness to a
crime, because of time lost from regular employment resulting from his or
her attendance at a
proceeding under
subpoena issued in any criminal proceeding relative to the crime.
An
employer who knowingly or intentionally violates this
Section shall be
proceeded against and punished for contempt of court. This Section shall not
be construed as requiring an employer to pay an employee for time lost
resulting from attendance at any proceeding.
(Source: P.A. 89-234, eff. 1-1-96.)
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(725 ILCS 5/115-19)
Sec. 115-19.
Polygraph.
In the course of a
criminal trial the court shall not
require, request, or suggest that the defendant submit to a polygraphic
detection deception test, commonly known as a lie detector test, to
questioning under the effect of thiopental sodium, or to any other test or
questioning by
means of a mechanical device or chemical substance.
(Source: P.A. 89-234, eff. 1-1-96.)
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(725 ILCS 5/115-20)
Sec. 115-20.
Evidence of prior conviction.
(a) Evidence of a prior conviction
of a defendant for domestic battery, aggravated battery committed against a
family or household member as defined in Section 112A-3, stalking, aggravated
stalking, or violation of an order of protection is admissible in a later
criminal prosecution for any of these types of offenses when the victim is the
same person who was the victim of the previous offense that resulted in
conviction of the defendant.
(b) If the defendant is accused of an offense set forth in
subsection (a) or the defendant is tried or retried for any of the
offenses set forth in subsection (a), evidence of the
defendant's conviction for another offense or offenses set forth in
subsection (a)
may be admissible (if that evidence is otherwise
admissible under the rules of evidence) and may be considered for its bearing
on any matter to which it is relevant if the victim is the same person who
was the victim of the previous offense that resulted in conviction of the
defendant.
(c) In weighing the probative value of the evidence against undue
prejudice to the defendant, the court may consider:
(1) the proximity in time to the charged or predicate | ||
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(2) the degree of factual similarity to the charged | ||
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(3) other relevant facts and circumstances.
(d) In a criminal case in which the prosecution intends to offer evidence
under this Section, it must disclose the evidence, including statements of
witnesses or a summary of the substance of any testimony, at a reasonable time
in advance of trial, or during trial if the court excuses pretrial notice on
good cause shown.
(e) In a criminal case in which evidence is offered under this Section,
proof may be made by specific instances of conduct as evidenced by proof of
conviction, testimony as to reputation,
or testimony in the form of an expert opinion, except that the prosecution may
offer
reputation testimony only after the opposing party has offered that
testimony.
(Source: P.A. 90-387, eff. 1-1-98.)
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(725 ILCS 5/115-21)
Sec. 115-21. Informant testimony.
(a) For the purposes of this Section, "informant" means
someone who
is purporting to testify about admissions made to him or her by the accused
while detained or incarcerated in a penal institution contemporaneously.
(b) This Section applies to any criminal proceeding brought under Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 11-1.30, 11-1.40, or 20-1.1 of the Criminal Code of 1961 or the Criminal Code of 2012, in which
the
prosecution
attempts to introduce evidence of incriminating statements made by the accused
to or overheard by an
informant.
(c) Except as provided in subsection (d-5), in any case under this Section, the prosecution shall disclose at least 30 days prior to a relevant evidentiary hearing or trial:
(1) the complete criminal history of the informant;
(2) any deal, promise, inducement, or benefit that | ||
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(3) the statements made by the accused;
(4) the time and place of the statements, the time | ||
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(5) whether at any time the informant recanted that | ||
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(6) other cases in which the informant testified, | ||
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(7) any other information relevant to the informant's | ||
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(d) Except as provided in subsection (d-5), in any case under this Section,
the prosecution shall timely
disclose at least 30 days prior to any relevant evidentiary hearing or trial its intent to introduce the testimony of an informant. The court
shall conduct a
hearing to determine whether the testimony of the informant is
reliable, unless the defendant waives such a hearing. If the
prosecution fails to show by a preponderance of the evidence that the
informant's
testimony
is reliable, the court shall not allow the testimony to be heard at trial. At
this hearing, the
court shall consider the factors enumerated in subsection (c) as well as any
other factors
relating to reliability.
(d-5) The court may permit the prosecution to disclose its intent to introduce the testimony of an informant with less notice than the 30-day notice required under subsections (c) and (d) of this Section if the court finds that the informant was not known prior to the 30-day notice period and could not have been discovered or obtained by the exercise of due diligence by the prosecution prior to the 30-day notice period. Upon good cause shown, the court may set a reasonable notice period under the circumstances or may continue the trial on its own motion to allow for a reasonable notice period, which motion shall toll the speedy trial period under Section 103-5 of this Code for the period of the continuance.
(e) If a lawful recording of an incriminating statement is made of an accused to an informant or made of a statement of an informant to law enforcement or the prosecution, including any deal, promise, inducement, or other benefit offered to the informant, the accused may request a reliability hearing under subsection (d) of this Section and the prosecution shall be subject to the disclosure requirements of subsection (c) of this Section.
(f) (Blank).
(g) This Section applies to all criminal prosecutions under subsection (b) of this Section on or after the effective date of this amendatory Act of the 100th General Assembly. (Source: P.A. 100-1119, eff. 1-1-19.) |
(725 ILCS 5/115-22)
Sec. 115-22. Witness inducements. When the State intends to introduce the
testimony of a witness in a capital case, the State shall, before trial,
disclose to the defendant and to his or her defense counsel the following
information, which shall be reduced to writing:
(1) whether the witness has received or been promised | ||
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(2) any other case in which the witness testified or | ||
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(3) whether the witness has ever changed his or her | ||
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(4) the
criminal history of
the witness; and
(5) any other evidence relevant to the credibility of | ||
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(Source: P.A. 93-605, eff. 11-19-03.) |
(725 ILCS 5/115-23) Sec. 115-23. Admissibility of cannabis. In a prosecution for a violation of subsection (a) of Section 4 of the Cannabis Control Act or a municipal ordinance for possession of cannabis that is punished by only a fine, cannabis shall only be admitted into evidence based upon: (1) a properly administered field test; or (2) opinion testimony of a peace officer based on | ||
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(Source: P.A. 99-697, eff. 7-29-16.) |
(725 ILCS 5/Art. 116 heading) ARTICLE 116.
POST-TRIAL MOTIONS
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(725 ILCS 5/116-1) (from Ch. 38, par. 116-1)
Sec. 116-1.
Motion for new trial.
(a) Following a verdict or finding of guilty the court may grant the
defendant a new trial.
(b) A written motion for a new trial shall be filed by the defendant
within 30 days following the entry of a finding or the return of a verdict.
Reasonable notice of the motion shall be served upon the State.
(c) The motion for a new trial shall specify the grounds therefor.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/116-2) (from Ch. 38, par. 116-2)
Sec. 116-2.
Motion in arrest of judgment.
(a) A written motion in arrest
of judgment shall be filed by the defendant within 30 days following the
entry of a verdict or finding of guilty. Reasonable notice of the motion
shall be served upon the State.
(b) The court shall grant the motion when:
(1) The indictment, information or complaint does not charge an offense,
or
(2) The court is without jurisdiction of the cause.
(c) A motion in arrest of judgment attacking the indictment,
information, or complaint on the ground that it does not charge an offense
shall be denied if the indictment, information or complaint apprised the accused of the
precise offense charged with sufficient specificity to prepare his defense
and allow pleading a resulting conviction as a bar to future prosecution
out of the same conduct.
(Source: P.A. 86-391.)
|
(725 ILCS 5/116-2.1) Sec. 116-2.1. Motion to vacate prostitution convictions for sex trafficking victims. (a) A motion under this Section may be filed at any time following the entry of a verdict or finding of guilty where the conviction was under Section 11-14 (prostitution) or Section 11-14.2 (first offender; felony prostitution) of the Criminal Code of 1961 or the Criminal Code of 2012 or a similar local ordinance and the defendant's participation in the offense was a result of having been a trafficking victim under Section 10-9 (involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons) of the Criminal Code of 1961 or the Criminal Code of 2012; or a victim of a severe form of trafficking under the federal Trafficking Victims Protection Act (22 U.S.C. Section 7102(13)); provided that: (1) a motion under this Section shall state why the | ||
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(2) reasonable notice of the motion shall be served | ||
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(b) The court may grant the motion if, in the discretion of the court, the violation was a result of the defendant having been a victim of human trafficking. Evidence of such may include, but is not limited to: (1) certified records of federal or State court | ||
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(2) certified records of "approval notices" or "law | ||
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(3) a sworn statement from a trained professional | ||
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Alternatively, the court may consider such other evidence as it deems of sufficient credibility and probative value in determining whether the defendant is a trafficking victim or victim of a severe form of trafficking. (c) If the court grants a motion under this Section, it must vacate the conviction and may take such additional action as is appropriate in the circumstances.
(Source: P.A. 97-267, eff. 1-1-12; 97-897, eff. 1-1-13; 97-1150, eff. 1-25-13.) |
(725 ILCS 5/116-3)
Sec. 116-3. Motion for fingerprint, Integrated Ballistic Identification System, or forensic testing not available at
trial or guilty plea regarding
actual innocence.
(a) A defendant may make a motion before the trial court that entered the
judgment of conviction in his or her case for the performance of fingerprint, Integrated Ballistic Identification System, or
forensic DNA testing, including comparison analysis of genetic marker
groupings of the evidence collected by criminal justice agencies pursuant to
the alleged offense, to those of the defendant, to those of other forensic
evidence, and to those maintained
under subsection (f) of Section 5-4-3 of the Unified Code of Corrections,
on evidence that was secured in relation
to the trial or guilty plea which resulted in his or her conviction, and:
(1) was not subject to the testing which is now | ||
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(2) although previously subjected to testing, can be | ||
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Reasonable notice of the motion shall be served upon the State.
(b) The defendant must present a prima facie case that:
(1) identity was the issue in the trial or guilty | ||
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(2) the evidence to be tested has been subject to a | ||
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(c) The trial court shall allow the testing under reasonable conditions
designed to protect the State's interests in the integrity of the evidence and
the testing process upon a determination that:
(1) the result of the testing has the scientific | ||
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(2) the testing requested employs a scientific method | ||
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(d) If evidence previously tested pursuant to this Section reveals an unknown fingerprint from the crime scene that does not match the defendant or the victim, the order of the Court shall direct the prosecuting authority to request the Illinois State Police Bureau of Forensic Science to submit the unknown fingerprint evidence into the FBI's Integrated Automated Fingerprint Identification System (AIFIS) for identification.
(e) In the court's order to allow testing, the court shall order the investigating authority to prepare an inventory of
the evidence related to the case and issue a copy of the
inventory to the prosecution, the petitioner, and the court. (f) When a motion is filed to vacate based on favorable
post-conviction testing results, the State may, upon
request, reactivate victim services for the victim of the
crime
during the pendency of the proceedings, and, as determined by
the court after consultation with the victim or victim
advocate, or both, following final adjudication of the case. (Source: P.A. 102-538, eff. 8-20-21.)
|
(725 ILCS 5/116-4)
Sec. 116-4. Preservation of evidence for forensic testing.
(a) Before or after the trial in a prosecution for a violation of
Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012 or in a prosecution for an offense defined in Article 9
of
that Code,
or in a prosecution for an attempt in violation of Section 8-4 of that Code
of any of the above-enumerated
offenses, unless otherwise provided herein under subsection (b) or (c), a law
enforcement agency
or an agent acting on behalf of the law enforcement agency shall
preserve, subject to a continuous chain of
custody, any
physical evidence
in their possession or control that is reasonably likely to contain forensic
evidence,
including, but not limited to, fingerprints or biological material
secured in relation to a trial and with sufficient
documentation to locate
that evidence.
(b) After a judgment of conviction is entered,
the evidence shall
either be impounded
with the Clerk of the Circuit Court or shall be securely retained by a law
enforcement agency.
Retention shall be
until the
completion of the sentence, including the period of mandatory supervised
release for the
offense, or January 1, 2006, whichever is later, for any conviction for an
offense or an attempt of an offense defined
in Article 9 of the Criminal Code of 1961 or the Criminal Code of 2012 or in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1,
12-15, or
12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 or for 7 years following any conviction for any other felony for which
the
defendant's
genetic profile may be taken by a law enforcement agency and submitted for
comparison in a forensic DNA database for unsolved offenses.
(c) After a judgment of conviction is entered, the
law
enforcement agency
required to retain evidence described in subsection
(a) may petition the court
with notice to the
defendant or, in cases where the defendant has died, his estate, his attorney
of record, or an attorney appointed for that purpose by the court
for entry
of an order allowing it to dispose of evidence if, after a
hearing, the court
determines by a preponderance of the evidence that:
(1) it has no significant value for forensic science | ||
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(2) it has no significant value for forensic science | ||
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(3) there no longer exists a reasonable basis to | ||
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(d) The court may order the disposition of the evidence if the
defendant is allowed
the opportunity to take reasonable measures to remove or preserve portions of
the evidence in
question for future testing.
(d-5) Any order allowing the disposition of evidence pursuant to
subsection (c)
or (d)
shall be a final and appealable order. No evidence shall be disposed of until
30 days after
the order is entered, and if a notice of appeal is filed, no evidence shall be
disposed of
until the mandate has been received by the circuit court from the appellate
court.
(d-10) All records documenting the possession,
control, storage, and destruction of evidence and all police reports, evidence
control or inventory records, and other reports cited in this Section,
including computer records, must be
retained for as
long as the evidence exists and may not be disposed of without the approval of
the Local
Records Commission.
(e) In this Section, "law enforcement agency"
includes any of the following or an agent acting on behalf of any of the
following:
a municipal police department, county sheriff's office, any prosecuting
authority,
the Illinois State Police, or any other State, university, county,
federal, or
municipal police
unit or police force.
"Biological material" includes, but is not limited to, any blood, hair,
saliva, or semen from which
genetic marker groupings may be obtained.
(Source: P.A. 102-538, eff. 8-20-21; 103-51, eff. 1-1-24.)
|
(725 ILCS 5/116-5)
Sec. 116-5. Motion for DNA database search (genetic marker
groupings comparison analysis).
(a) Upon motion by a defendant
charged with any offense where
DNA evidence may be material
to the defense investigation or
relevant at trial, a court may
order a DNA database search
by the Illinois State Police. Such analysis may
include comparing:
(1) the genetic profile from forensic evidence that | ||
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(2) the genetic profile of items of forensic evidence | ||
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(3) the genetic profiles referred to in subdivisions | ||
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(i) genetic profiles of offenders maintained | ||
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(ii) genetic profiles, including but not limited | ||
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(b) If appropriate federal criteria
are met, the court may order the
Illinois State Police to
request the National DNA
index system to search its
database of genetic profiles.
(c) If requested by the defense, a
defense representative shall be
allowed to view any genetic
marker grouping analysis
conducted by the Illinois State Police. The defense
shall be provided with copies of
all documentation,
correspondence, including
digital correspondence, notes,
memoranda, and reports
generated in relation to the
analysis.
(d) Reasonable notice of the
motion shall be served upon the
State.
(Source: P.A. 102-538, eff. 8-20-21.) |
(725 ILCS 5/Art. 117)
ARTICLE 117.
PROBATION
|
(725 ILCS 5/117-1) (from Ch. 38, par. 117-1)
Sec. 117-1. (Repealed).
(Source: Repealed by P.A. 77-2097, eff. 1-1-73.)
|
(725 ILCS 5/117-2) (from Ch. 38, par. 117-2)
Sec. 117-2. (Repealed).
(Source: Repealed by P.A. 77-2097, eff. 1-1-73.)
|
(725 ILCS 5/117-3) (from Ch. 38, par. 117-3)
Sec. 117-3. (Repealed).
(Source: Repealed by P.A. 77-2097, eff. 1-1-73.)
|
(725 ILCS 5/Art. 118)
ARTICLE 118.
SENTENCE AND JUDGMENT
|
(725 ILCS 5/118-1) (from Ch. 38, par. 118-1)
Sec. 118-1. (Repealed).
(Source: Repealed by P.A. 77-2097, eff. 1-1-73.)
|
(725 ILCS 5/118-2) (from Ch. 38, par. 118-2)
Sec. 118-2. (Repealed).
(Source: Repealed by P.A. 77-2097, eff. 1-1-73.)
|
(725 ILCS 5/Art. 119 heading) ARTICLE 119.
EXECUTION OF SENTENCE
|
(725 ILCS 5/119-1) Sec. 119-1. Death penalty abolished. (a) Beginning on the effective date of this amendatory Act of the 96th General Assembly, notwithstanding any other law to the contrary, the death penalty is abolished and a sentence to death may not be imposed. (b) All unobligated and unexpended moneys remaining in the Capital Litigation Trust Fund on the effective date of this amendatory Act of the 96th General Assembly shall be transferred into the Death Penalty Abolition Fund, a special fund in the State treasury, to be expended by the Illinois Criminal Justice Information Authority, for services for families of victims of homicide or murder and for training of law enforcement personnel.
(Source: P.A. 96-1543, eff. 7-1-11.) |
(725 ILCS 5/119-5) (from Ch. 38, par. 119-5) Sec. 119-5. (Repealed). (Source: P.A. 93-379, eff. 7-24-03. Repealed by P.A. 103-51, eff. 1-1-24.) |
(725 ILCS 5/Art. 120 heading)
ARTICLE 120.
APPEAL BY THE STATE
|
(725 ILCS 5/120-1) (from Ch. 38, par. 120-1)
Sec. 120-1. (Repealed).
(Source: Repealed by P.A. 76-1412, eff. 9-22-69.)
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(725 ILCS 5/120-2) (from Ch. 38, par. 120-2)
Sec. 120-2. (Repealed).
(Source: Repealed by Laws 1967, p. 3615.)
|
(725 ILCS 5/120-3) (from Ch. 38, par. 120-3)
Sec. 120-3. (Repealed).
(Source: Repealed by Laws 1967, p. 3615.)
|
(725 ILCS 5/120-4) (from Ch. 38, par. 120-4)
Sec. 120-4. (Repealed).
(Source: Repealed by Laws 1967, p. 3615.)
|
(725 ILCS 5/Art. 121 heading) ARTICLE 121.
APPEAL
BY DEFENDANT
|
(725 ILCS 5/121-1) (from Ch. 38, par. 121-1)
Sec. 121-1.
Application of article.
Unless otherwise provided by Rules of the Supreme Court this Article
shall govern review in all criminal cases.
(Source: Laws 1963, p. 2836.)
|
(725 ILCS 5/121-13) (from Ch. 38, par. 121-13)
Sec. 121-13. Pauper appeals.
(a) In any case wherein the defendant was
convicted of a felony, if the court determines that the defendant desires
counsel on appeal but is indigent the Public Defender or the State
Appellate Defender shall be appointed as counsel, unless with the consent
of the defendant and for good cause shown, the court may appoint counsel
other than the Public Defender or the State Appellate Defender.
(b) In any case wherein the defendant
was convicted of a felony the reviewing court, upon petition of the defendant's
counsel made not more frequently than every 60 days after appointment,
shall determine a reasonable amount to be allowed an indigent
defendant's counsel other than the Public Defender or the State
Appellate Defender for compensation and reimbursement of expenditures
necessarily incurred in the prosecution of the appeal or review
proceedings. The compensation shall not exceed $1500 in each case,
except that, in extraordinary circumstances, payment in excess of the
limits herein stated may be made if the reviewing court certifies that
the payment is necessary to provide fair compensation for protracted
representation. The reviewing court shall enter an order directing the
county treasurer of the county where the case was tried to pay the
amount allowed by the court. The reviewing court may order the
provisional payment of sums during the pendency of the cause.
(c) (Blank).
(Source: P.A. 103-51, eff. 1-1-24.)
|
(725 ILCS 5/Art. 121A heading) ARTICLE 121A. PENDING DIRECT APPEAL AFTER DEFENDANT'S DEATH
(Source: P.A. 99-778, eff. 1-1-17.) |
(725 ILCS 5/121A-1) Sec. 121A-1. Application of Article. Unless otherwise provided by Rules of the Supreme Court, this Article
shall govern pending direct appeal in all criminal cases after the death of the defendant.
(Source: P.A. 99-778, eff. 1-1-17.) |
(725 ILCS 5/121A-2) Sec. 121A-2. Pending direct appeal after the defendant's death. (a) Whenever the prosecuting attorney learns of the death of the defendant following the entry of a final and appealable judgment but prior to the conclusion of the defendant's direct appeal from the conviction, he or she shall promptly notify the other party and file a certificate of notice of the defendant's death with the reviewing court before which the direct appeal is pending. (b) Unless the executor or administrator of the defendant's estate or other successor in interest files a verified motion to intervene in the direct appeal within 30 days of the filing of the certificate under subsection (a) of this Section, the reviewing court shall dismiss the direct appeal without disturbing the judgment of the circuit court. (c) If the court receives a timely petition for leave to intervene by an authorized party, the reviewing court shall permit the petitioning party to intervene in the direct appeal in place of the defendant and the direct appeal shall proceed in the same manner as if the defendant were still alive. The authority to intervene shall terminate automatically upon completion of the proceedings in the direct appeal. (d) Nothing in this Section shall be construed to authorize the filing or continued litigation of a post-conviction petition or other collateral attack on a conviction or sentence on behalf of a deceased defendant.
(Source: P.A. 99-778, eff. 1-1-17.) |
(725 ILCS 5/Art. 122 heading) ARTICLE 122.
POST-CONVICTION HEARING
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(725 ILCS 5/122-1) (from Ch. 38, par. 122-1)
Sec. 122-1. Petition in the trial court.
(a) Any person imprisoned in the penitentiary may institute a proceeding under this Article if the person asserts that: (1) in the proceedings which resulted in his or her | ||
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(2) (blank); or
(3) (blank). (a-5) A proceeding under paragraph (2) of subsection (a)
may be commenced within a reasonable period of time after the person's
conviction
notwithstanding any other provisions of
this Article. In such a proceeding regarding
actual innocence, if the court determines the petition is
frivolous or is patently without merit, it shall dismiss the
petition in a written order, specifying the findings of fact
and conclusions of law it made in reaching its decision.
Such order of dismissal is a final judgment and shall be
served upon the petitioner by certified mail within 10 days
of its entry.
(b) The proceeding shall be commenced by filing with the clerk of the court
in which the conviction took place a petition (together with a copy thereof)
verified by affidavit. Petitioner shall also serve another copy upon the
State's Attorney by any of the methods provided in Rule 7 of the Supreme
Court. The clerk shall docket the petition for consideration by the court
pursuant to Section 122-2.1 upon his or her receipt thereof and bring the same
promptly to the attention of the court.
(c)
No proceedings under this
Article shall be commenced more than 6 months after the conclusion of proceedings in the United States Supreme Court, unless the petitioner
alleges facts showing that the delay was not due to his or her culpable
negligence.
If a petition for certiorari is not filed, no proceedings under this Article shall be commenced more than 6 months from the date for filing a certiorari petition, unless the petitioner alleges facts showing that the delay was not due to his or her culpable negligence. If a defendant does not file a direct appeal, the post-conviction petition shall be filed no later than 3 years from the date of conviction, unless the petitioner alleges facts showing that the delay was not due to his or her culpable negligence.
This limitation does not apply to a petition advancing a claim of actual
innocence. (d) A person seeking relief by filing a petition under this Section must
specify in the petition or its heading that it is filed under this Section.
A trial court that has received a petition complaining of a conviction or
sentence that fails to specify in the petition or its heading that it is
filed under this Section need not evaluate the petition to determine
whether it could otherwise have stated some grounds for relief under
this Article.
(e) (Blank).
(f) Only one petition may be filed by a petitioner under this Article
without leave of the court.
Leave of court may be granted only if a petitioner demonstrates
cause for his or her failure to bring the claim in his or her initial
post-conviction proceedings and prejudice results from that failure. For
purposes
of this subsection (f): (1) a prisoner shows cause by identifying an objective
factor that impeded his or her ability to raise a specific claim during his or
her initial post-conviction proceedings; and (2) a prisoner shows prejudice by
demonstrating that the claim not raised during his or her initial
post-conviction proceedings so infected the trial that the resulting conviction
or
sentence violated due process.
(Source: P.A. 102-639, eff. 8-27-21; 103-51, eff. 1-1-24.)
|
(725 ILCS 5/122-2) (from Ch. 38, par. 122-2)
Sec. 122-2.
Contents of petition.
The petition shall identify the proceeding in which the petitioner was
convicted, give the date of the rendition of the final judgment complained
of, and clearly set forth the respects in which petitioner's constitutional
rights were violated. The petition shall have attached thereto affidavits,
records, or other evidence supporting its allegations or shall state why
the same are not attached. The petition shall identify any previous
proceedings that the petitioner may have taken to secure relief from his
conviction. Argument and citations and discussion of authorities shall be
omitted from the petition.
(Source: Laws 1963, p. 2836.)
|
(725 ILCS 5/122-2.1) (from Ch. 38, par. 122-2.1)
Sec. 122-2.1. (a) Within 90 days after the filing and docketing of each
petition, the court shall examine such petition and enter an order thereon
pursuant to this Section.
(1) (Blank).
(2) If the petitioner is sentenced to imprisonment | ||
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(b) If the petition is not dismissed pursuant to this Section, the court
shall order the petition to be docketed for further consideration in accordance
with Sections 122-4 through 122-6.
(c) In considering a petition pursuant to this Section, the court may
examine the court file of the proceeding in which the petitioner was convicted,
any action taken by an appellate court in such proceeding and any transcripts
of such proceeding.
(Source: P.A. 103-51, eff. 1-1-24.)
|
(725 ILCS 5/122-2.2)
Sec. 122-2.2. Intellectual disability and post-conviction relief.
(a) (Blank).
(b) All other provisions of this Article governing petitions for
post-conviction relief shall apply to a petition for post-conviction relief
alleging an intellectual disability.
(Source: P.A. 103-51, eff. 1-1-24.) |
(725 ILCS 5/122-3) (from Ch. 38, par. 122-3)
Sec. 122-3.
Waiver of claims.
Any claim of substantial denial of constitutional rights not raised in
the original or an amended petition is waived.
(Source: Laws 1963, p. 2836.)
|
(725 ILCS 5/122-4) (from Ch. 38, par. 122-4)
Sec. 122-4. Pauper petitions. If the petition is not dismissed pursuant
to Section 122-2.1, and alleges that the petitioner is unable to pay the costs
of the proceeding, the court may order that the petitioner be permitted to
proceed as a poor person and order a transcript of the proceedings
delivered to petitioner in accordance with Rule of the Supreme Court. If
the petitioner is without counsel and alleges that he is without means to
procure counsel, he shall state whether or not he wishes counsel to be
appointed to represent him. If appointment of counsel is so requested, and
the petition is not dismissed pursuant to Section 122-2.1, the
court shall appoint counsel if satisfied that the petitioner has no means
to procure counsel.
A petitioner who is a prisoner in an Illinois Department of Corrections
facility who files a pleading, motion, or other filing that purports to be a
legal document seeking post-conviction
relief under this Article against the State, the Illinois Department of
Corrections, the Prisoner Review Board, or any of their officers or employees
in which the court makes a specific
finding that the pleading, motion, or other filing that purports to be a legal
document is frivolous shall not
proceed as a poor person and shall be liable for the full payment of filing
fees and actual
court costs as provided in Article XXII of the Code of Civil Procedure.
The court, at the conclusion of the proceedings upon receipt of a
petition by the appointed counsel, shall determine a reasonable amount to
be allowed an indigent defendant's counsel other than the Public Defender
or the State Appellate Defender for compensation and reimbursement of
expenditures necessarily incurred in the proceedings. The compensation
shall not exceed $500 in each case, except that, in extraordinary
circumstances, payment in excess of the limits herein stated may be made if
the trial court certifies that the payment is necessary to provide fair
compensation for protracted representation, and the amount is approved by the
chief judge of the circuit. The court shall enter an order directing the
county treasurer of the county where the case was tried to pay the amount
thereby allowed by the court. The court may order the provisional payment
of sums during the pendency of the cause.
(Source: P.A. 103-51, eff. 1-1-24.)
|
(725 ILCS 5/122-5) (from Ch. 38, par. 122-5)
Sec. 122-5.
Proceedings on petition.)
Within 30 days after the making of an order pursuant to subsection (b) of
Section 122-2.1, or within
such further time as the court may set, the State shall answer or move to
dismiss. In the event that a motion to dismiss is filed and denied, the
State must file an answer within 20 days after such denial. No other or
further pleadings shall be filed except as the court
may order on its own motion or on that of either party. The court may in
its discretion grant leave, at any stage of the proceeding prior to entry
of judgment, to withdraw the petition. The court may in its discretion make
such order as to amendment of the petition or any other pleading, or as to
pleading over, or filing further pleadings, or extending the time of filing
any pleading other than the original petition, as shall be appropriate,
just and reasonable and as is generally provided in civil cases.
(Source: P.A. 83-942.)
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(725 ILCS 5/122-6) (from Ch. 38, par. 122-6)
Sec. 122-6. Disposition in trial court.
The court may receive proof by affidavits, depositions, oral testimony,
or other evidence. In its discretion the court may order the petitioner
brought before the court for the hearing. If the court finds in favor of
the petitioner, it shall enter an appropriate order with respect to the
judgment or sentence in the former proceedings and such supplementary
orders as to rearraignment, retrial, custody, conditions of pretrial release or discharge as may be
necessary and proper.
(Source: P.A. 101-652, eff. 1-1-23.)
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(725 ILCS 5/122-7) (from Ch. 38, par. 122-7)
Sec. 122-7.
Any final judgment entered upon such petition shall
be reviewed in a manner
pursuant to the rules of the Supreme Court.
(Source: P.A. 79-917.)
|
(725 ILCS 5/122-8)
Sec. 122-8. (Repealed).
(Source: P.A. 83-942. Repealed by P.A. 96-1200, eff. 7-22-10.)
|
(725 ILCS 5/122-9) Sec. 122-9. Motion to resentence by the People. (a) The purpose of sentencing is to advance public safety through punishment, rehabilitation, and restorative justice. By providing a means to reevaluate a sentence after some time has passed, the General Assembly intends to provide the State's Attorney and the court with another tool to ensure that these purposes are achieved. (b) At any time upon the recommendation of the State's Attorney of the county in which the defendant was sentenced, the State's Attorney may petition the sentencing court or the sentencing court's successor to resentence the offender if the original sentence no longer advances the interests of justice. The sentencing court or the sentencing court's successor may resentence the offender if it finds that the original sentence no longer advances the interests of justice. (c) Upon the receipt of a petition for resentencing, the court may resentence the defendant in the same manner as if the offender had not previously been sentenced; however, the new sentence, if any, may not be greater than the initial sentence. (d) The court may consider postconviction factors, including, but not limited to, the inmate's disciplinary record and record of rehabilitation while incarcerated; evidence that reflects whether age, time served, and diminished physical condition, if any, have reduced the inmate's risk for future violence; and evidence that reflects changed circumstances since the inmate's original sentencing such that the inmate's continued incarceration no longer serves the interests of justice. Credit shall be given for time served. (e) Victims shall be afforded all rights as outlined in the Rights of Crime Victims and Witnesses Act. (f) A resentencing under this Section shall not reopen the defendant's conviction to challenges that would otherwise be barred. (g) Nothing in this Section shall be construed to limit the power of the Governor under the Constitution to grant a reprieve, commutation of sentence, or pardon.
(Source: P.A. 102-102, eff. 1-1-22; 102-813, eff. 5-13-22.) |
(725 ILCS 5/123) Sec. 123. (Renumbered).
(Source: P.A. 102-102, eff. 1-1-22. Renumbered by P.A. 102-813, eff. 5-13-22.) |
(725 ILCS 5/Tit. VIII heading) TITLE VIII.
MISCELLANEOUS
|
(725 ILCS 5/Art. 124A heading) ARTICLE 124A.
LIENS AND COSTS
|
(725 ILCS 5/124A-5)
Sec. 124A-5. Judgment for costs of prosecution. (a) Except as otherwise provided in subsection (b), when a person is convicted
of an offense under a statute,
or at common law, the court shall enter judgment that the offender pay the
costs of the prosecution. The costs shall include reasonable costs
incurred by the Sheriff for serving arrest warrants, for picking up the
offender from a county other than the one in which he or she was convicted,
and for picking up the offender from a location outside the State
of Illinois pursuant either to his or her extradition or to his or her
waiver of extradition.
(b) During the first 180 days following a person's release from a penal institution, a court shall not order the person to pay any outstanding fines, taxes, or costs arising from a criminal proceeding involving the person. (Source: P.A. 103-254, eff. 1-1-24.)
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(725 ILCS 5/124A-10)
Sec. 124A-10.
Lien.
The property, real and personal, of a person who is
convicted of an offense shall be bound, and a lien is created on the property,
both real and personal, of every
offender, not exempt from the enforcement of a judgment or attachment, from the
time of finding the indictment at least so far as will be sufficient to pay the
fine and costs of prosecution. The clerk of the court in which the conviction
is had shall upon the expiration of 30 days after judgment is entered issue a
certified copy of the judgment for any fine that remains unpaid, and all
costs of conviction remaining unpaid.
Unless a court ordered payment schedule is implemented, the clerk of the
court may add to any judgment a delinquency amount equal to 5% of the unpaid
fines, costs, fees, and penalties that remain unpaid after 30 days, 10% of the
unpaid fines, costs, fees, and penalties that remain unpaid after 60 days, and
15% of the unpaid
fines, costs, fees, and penalties that remain unpaid after 90 days. Notice
to those parties affected may be made by signage posting or
publication. The clerk
of the court may also after a period of 90 days release to credit
reporting agencies, information regarding unpaid amounts.
The additional delinquency amounts collected under this Section shall be
used to defray additional administrative costs incurred by the clerk of
the court in
collecting unpaid fines, costs, fees, and penalties.
The certified copy of
the judgment shall state the day on which the arrest was
made or indictment found, as the case may be. Enforcement of the judgment
may be directed to the proper officer of any county in this State. The officer
to whom the certified copy of the judgment is delivered shall levy
the judgment
upon all the estate, real and personal, of the defendant (not exempt from
enforcement) possessed by him or her on the day of the arrest or finding
the indictment, as stated in the certified copy of the judgment and any
such property subsequently acquired; and the property so levied upon shall
be advertised and sold in the same manner as in civil cases, with the like
rights to all parties that may be interested in the property.
It is not an
objection to the selling of any property under the judgment
that the defendant is in custody for the fine or costs, or both.
(Source: P.A. 92-653, eff. 1-1-03.)
|
(725 ILCS 5/124A-15) Sec. 124A-15. Reversal of conviction; refund of fines, fees, and costs. (a) A defendant convicted in a criminal prosecution whose conviction is reversed by a finding of factual innocence in a collateral proceeding such as habeas corpus or post-conviction relief under Article 122 of this Code is not liable for any costs or fees of the court or circuit clerk's office, or for any charge of subsistence while detained in custody. If the defendant has paid any costs, fine, or fees, in the case, a refund of those costs shall be determined by the judge and paid by the clerk of the court. The timing of the refund payment shall be determined by the clerk of the court based upon the availability of funds in the subject fund account. (b) To receive a refund under this Section, a defendant must submit a request for the refund to the clerk of the court on a form and in a manner prescribed by the clerk. The defendant must attach to the form an order from the court demonstrating the defendant's right to the refund and the amount of the refund.
(Source: P.A. 98-943, eff. 1-1-15; 99-883, eff. 1-1-17.) |
(725 ILCS 5/124A-20) Sec. 124A-20. Assessment waiver. (a) As used in this Section: "Assessments" means any costs imposed on a criminal defendant under Article 15 of the Criminal and Traffic Assessment Act, but does not include violation of the Illinois Vehicle Code assessments except as provided in subsection (a-5). "Indigent person" means any person who meets one or more of the following criteria: (1) He or she is receiving assistance under one or | ||
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(2) His or her available personal income is 200% or | ||
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(3) He or she is, in the discretion of the court, | ||
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"Poverty level" means the current poverty level as established by the United States Department of Health and Human Services. (a-5) In a county having a population of more than 3,000,000, "assessments" means any costs imposed on a criminal
defendant under Article 15 of the Criminal and Traffic
Assessment Act, including violation of the Illinois Vehicle Code assessments. This subsection is inoperative on and after July 1, 2024. (b) For criminal offenses reflected in Schedules 1, 3, 4, 5, 7, and 8 of Article 15 of the Criminal and Traffic Assessment Act, upon the application of any defendant, after the commencement of an action, but no later than 30 days after sentencing: (1) If the court finds that the applicant is an | ||
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(2) The court shall grant the applicant a partial | ||
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(A) 75% of all assessments shall be waived if the | ||
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(B) 50% of all assessments shall be waived if the | ||
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(C) 25% of all assessments shall be waived if the | ||
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(b-5) For traffic and petty offenses reflected in Schedules 2, 6, 9, 10, and 13 of Article 15 of the Criminal and Traffic Assessment Act, upon the application of any defendant, after the commencement of an action, but no later than 30 days after sentencing, the court shall grant the applicant a partial assessment as follows: (1) 50% of all assessments shall be waived if the | ||
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(2) 37.5% of all assessments shall be waived if the | ||
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(3) 25% of all assessments shall be waived if the | ||
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(4) 12.5% of all assessments shall be waived if the | ||
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(c) An application for a waiver of assessments shall be in writing, signed by the defendant or, if the defendant is a minor, by another person having knowledge of the facts, and filed no later than 30 days after sentencing. The contents of the application for a waiver of assessments, and the procedure for deciding the applications, shall be established by Supreme Court Rule. Factors to consider in evaluating an application shall include: (1) the applicant's receipt of needs based | ||
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(2) the employment status of the applicant and amount | ||
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(3) income received from the applicant's pension, | ||
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(4) income received by the applicant from other | ||
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(5) the applicant's monthly expenses, including | ||
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(6) financial affidavits or other similar supporting | ||
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(d) The clerk of court shall provide the application for a waiver of assessments to any defendant who indicates an inability to pay the assessments. The clerk of the court shall post in a conspicuous place in the courthouse a notice, no smaller than 8.5 x 11 inches and using no smaller than 30-point typeface printed in English and in Spanish, advising criminal defendants they may ask the court for a waiver of any court ordered assessments. The notice shall be substantially as follows: "If you are unable to pay the required assessments, | ||
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(e) For good cause shown, the court may allow an applicant whose application is denied or who receives a partial assessment waiver to defer payment of the assessments, make installment payments, or make payment upon reasonable terms and conditions stated in the order. (f) Nothing in this Section shall be construed to affect the right of a party to court-appointed counsel, as authorized by any other provision of law or by the rules of the Illinois Supreme Court. (g) The provisions of this Section are severable under Section 1.31 of the Statute on Statutes.
(Source: P.A. 102-558, eff. 8-20-21; 102-620, eff. 8-27-21.) |
(725 ILCS 5/Art. 124B heading) ARTICLE 124B. FORFEITURE
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/Art. 124B Pt. 5 heading)
Part 5. General Provisions
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-5) Sec. 124B-5. Purpose and scope. The purpose of this Article is to set forth in one place the provisions relating to forfeiture of property in connection with violations of certain criminal statutes. Part 100 of this Article sets forth standard provisions that apply to these forfeiture proceedings. In Parts 300 and following, for each type of criminal violation, this Article sets forth (i) provisions that apply to forfeiture only in connection with that type of violation and (ii) by means of incorporation by reference, the standard forfeiture provisions that apply to that type of violation.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-10)
Sec. 124B-10. Applicability; offenses. This Article applies to forfeiture of property in connection with the following: (1) A violation of Section 10-9 or 10A-10 of the | ||
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(2) A violation of subdivision (a)(1) of Section | ||
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(3) A violation of subdivision (a)(4) of Section | ||
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(4) A second or subsequent violation of Section 11-20 | ||
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(5) A violation of Section 11-20.1 of the Criminal | ||
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(6) A violation of Section 11-20.1B or 11-20.3 of the | ||
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(6.5) A violation of Section 11-23.5 of the Criminal | ||
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(7) A violation of Section 12C-65 of the Criminal | ||
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(8) A violation of Section 17-50 or Section 16D-5 of | ||
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(9) A felony violation of Section 17-6.3 or Article | ||
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(10) A felony violation of Section 48-1 of the | ||
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(11) A violation of Article 29D of the Criminal Code | ||
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(12) A felony violation of Section 4.01 of the Humane | ||
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(Source: P.A. 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-1138, eff. 6-1-15.) |
(725 ILCS 5/124B-15) Sec. 124B-15. Applicability; actions. This Article applies to actions pending on the effective date of this amendatory Act of the 96th General Assembly as well as actions commenced on or after that date.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/Art. 124B Pt. 100 heading)
Part 100. Standard Forfeiture Provisions
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-100)
Sec. 124B-100. Definition; "offense". For purposes of this Article, "offense" is defined as follows: (1) In the case of forfeiture authorized under | ||
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(2) In the case of forfeiture authorized under | ||
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(3) In the case of forfeiture authorized under | ||
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(4) In the case of forfeiture authorized under | ||
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(5) In the case of forfeiture authorized under | ||
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(6) In the case of forfeiture authorized under | ||
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(7) In the case of forfeiture authorized under | ||
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(8) In the case of forfeiture authorized under | ||
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(9) In the case of forfeiture authorized under | ||
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(10) In the case of forfeiture authorized under | ||
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(11) In the case of forfeiture authorized under | ||
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(12) In the case of forfeiture authorized under | ||
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(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11; 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
|
(725 ILCS 5/124B-105) Sec. 124B-105. Definition; "conveyance". In this Article, "conveyance" means a vehicle, vessel, or aircraft.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-110) Sec. 124B-110. Definition; "owner". In this Article, "owner" means a person with an ownership interest in the specific property sought to be forfeited, including a leasehold, lien, mortgage, recorded security interest, or valid assignment of an ownership interest. "Owner" does not include any of the following: (1) A person with only a general unsecured interest | ||
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(2) A bailee, unless the bailor is identified and the | ||
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(3) A nominee who exercises no dominion or control | ||
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(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-115) Sec. 124B-115. Definition; "person". In this Article, "person" means any individual, corporation, partnership, firm, organization, or association.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-120) Sec. 124B-120. Definition; "property". In this Article, "property" means: (1) Real property, including, without limitation, | ||
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(2) Tangible or intangible personal property, | ||
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"Property" includes any leasehold or possessory interest and, in the case of real property, includes a beneficial interest in a land trust.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-125) Sec. 124B-125. Real property exempt from forfeiture. (a) An interest in real property is exempt from forfeiture under this Article if its owner or interest holder establishes by a preponderance of evidence that he or she meets all of the following requirements: (1) He or she is not legally accountable for the | ||
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(2) He or she had not acquired and did not stand to | ||
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(3) He or she does not hold the property for the | ||
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(4) He or she acquired the interest before a notice | ||
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(A) acquired the interest before the commencement | ||
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(B) acquired the interest after the commencement | ||
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(5) With respect to a property interest in existence | ||
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(A) did not know of the conduct giving rise to | ||
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(B) upon learning of the conduct giving rise to | ||
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(6) The property is not a type of property, | ||
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(b) For purposes of paragraph (5) of subsection (a), ways in which a person may show that he or she did all that reasonably could be expected include demonstrating that he or she, to the extent permitted by law, did either of the following: (1) Gave timely notice to an appropriate law | ||
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(2) In a timely fashion revoked or made a good faith | ||
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A person is not required by this subsection (b) to take steps that the person reasonably believes would be likely to subject any person (other than the person whose conduct gave rise to the forfeiture) to physical danger.
(Source: P.A. 96-712, eff. 1-1-10; 97-813, eff. 7-13-12.) |
(725 ILCS 5/124B-130) Sec. 124B-130. Personal property exempt from forfeiture. (a) An interest in personal property is exempt from forfeiture under this Article if its owner or interest holder establishes by a preponderance of evidence that he or she meets all of the following requirements: (1) He or she is not legally accountable for the | ||
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(2) He or she had not acquired and did not stand to | ||
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(3) He or she does not hold the property for the | ||
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(4) He or she acquired the interest without knowledge | ||
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(A) acquired the interest before the commencement | ||
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(B) acquired the interest after the commencement | ||
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(5) With respect to a property interest in existence | ||
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(A) did not know of the conduct giving rise to | ||
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(B) upon learning of the conduct giving rise to | ||
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(6) With respect to conveyances, he or she did not | ||
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(7) The property is not a type of property, | ||
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(b) For purposes of paragraph (5) of subsection (a), ways in which a person may show that he or she did all that reasonably could be expected include demonstrating that he or she, to the extent permitted by law, did either of the following: (1) Gave timely notice to an appropriate law | ||
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(2) In a timely fashion revoked or made a good faith | ||
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A person is not required by this subsection (b) to take steps that the person reasonably believes would be likely to subject any person (other than the person whose conduct gave rise to the forfeiture) to physical danger.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-135) Sec. 124B-135. Burden of proof of exemption. It is not necessary for the State to negate any exemption in this Article in any complaint or other pleading or in any trial, hearing, or other proceeding under this Article. The burden of proof of any exemption is upon the person claiming the exemption.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-140) Sec. 124B-140. Court order with respect to innocent owner. If the court determines, in accordance with Sections 124B-125 through 124B-135, that an innocent owner has a partial interest in property otherwise subject to forfeiture, or a joint tenancy or tenancy by the entirety in that property, the court may enter an appropriate order doing any of the following: (1) Severing and releasing the property. (2) Transferring the property to the State with a | ||
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(3) Permitting the innocent owner to retain the | ||
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(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-145) Sec. 124B-145. Property constituting attorney's fees; forfeiture not applicable. Nothing in this Article applies to property that constitutes reasonable bona fide attorney's fees paid to an attorney for services rendered or to be rendered in a forfeiture proceeding under this Article, or in a criminal proceeding relating directly to a forfeiture proceeding under this Article, if (i) the property was paid before its seizure and before the issuance of any seizure warrant or court order prohibiting transfer of the property and (ii) the attorney, at the time he or she received the property, did not know that it was property subject to forfeiture under this Article.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-150)
Sec. 124B-150. Protective order; probable cause. (a) Upon application of the State, the circuit court presiding over the trial of the person or persons charged with the offense giving rise to forfeiture may enter a restraining order or injunction, or take other appropriate action, to preserve the availability of property for forfeiture under this Article. Before entering such an order or taking such action, the court shall first determine the following: (1) Whether there is probable cause to believe that | ||
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(2) Whether the property is subject to forfeiture | ||
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(b) In order to make the determinations of probable cause required under subsection (a), the court shall conduct a hearing without a jury. In that hearing, the State must establish both of the following: (1) There is probable cause that the person or | ||
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(2) There is probable cause that property may be | ||
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(c) The court may conduct the hearing under subsection (b) simultaneously with a preliminary hearing if the prosecution is commenced by information or complaint. The court may conduct the hearing under subsection (b) at any stage in the criminal proceedings upon the State's motion. (d) The court may accept a finding of probable cause at a preliminary hearing following the filing of an information charging the offense or following the return of an indictment by a grand jury charging the offense as sufficient evidence of probable cause as required under paragraph (1) of subsection (b). (e) Upon making a finding of probable cause as required under this Section, the circuit court shall enter a restraining order or injunction, or take other appropriate action, as necessary to ensure that the property is not removed from the court's jurisdiction and is not concealed, destroyed, or otherwise disposed of by the property owner or interest holder before a forfeiture hearing under this Article. (f) The Attorney General or State's Attorney shall file a certified copy of the restraining order, injunction, or other prohibition with the recorder of deeds or registrar of titles of each county where any property of the defendant subject to forfeiture is located.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-155)
Sec. 124B-155. Rights of certain parties unaffected by protective order; release of property. (a) A restraining order or injunction entered, or other action taken, by the court under Section 124B-150 does not affect the rights of any bona fide purchaser, mortgagee, judgment creditor, or other lienholder that arose before the date on which a certified copy of the restraining order, injunction, or other prohibition was filed in accordance with subsection (f) of Section 124B-150. (b) At any time, upon verified petition by the defendant or by an innocent owner or innocent bona fide third party lienholder who neither had knowledge of, nor consented to, the illegal act or omission, the court may conduct a hearing to release all or portions of any property that the court previously determined to be subject to forfeiture or subject to any restraining order, injunction, or other action. For good cause shown and in the court's sound discretion, the court may release the property to the defendant or innocent owner or innocent bona fide third party lienholder who neither had knowledge of, nor consented to, the illegal act or omission.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-160)
Sec. 124B-160. Petition for forfeiture; forfeiture hearing; burden of proof. (a) The Attorney General or State's Attorney may file a petition for forfeiture of property in connection with an offense as defined in this Article, and, within a reasonable time after sentencing, the court shall conduct a hearing to determine whether any property is subject to forfeiture under this Article. Every person with any property interest in the property alleged to be subject to forfeiture may appear as a party and present evidence at the hearing. (b) At the forfeiture hearing, the State has the burden of establishing, by a preponderance of the evidence, that the property is subject to forfeiture under this Article.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-165)
Sec. 124B-165. Order of forfeiture; sale of forfeited property; publication of notice; challenge to forfeiture. (a) Upon the court's determination that property is subject to forfeiture, the court shall enter an order of forfeiture with respect to the property at issue. Except as provided in Section 124B-705, the order shall authorize the Attorney General or State's Attorney to seize all property declared forfeited under this Article (if the property has not already been seized) upon terms and conditions the court deems proper. The Attorney General or State's Attorney may then sell the forfeited property unless the court determines that the property is required by law to be destroyed or is harmful to the public. (b) Following the entry of the order of forfeiture, the Attorney General or State's Attorney shall cause publication of notice of the order and his or her intent to dispose of the property. Publication shall be in a newspaper of general circulation in the county where the property was seized, for a period of 3 successive weeks. (c) Within 30 days after the publication, any person may petition the court to adjudicate the validity of his or her interest in the property and whether the interest is protected under this Article.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-170)
Sec. 124B-170. Judicial review. (a) Within 30 days after publication of the notice under Section 124B-165, any person claiming an interest in the property declared forfeited may file a verified claim with the court expressing his or her interest in the property. The claim must set forth the following: (1) The caption of the proceedings as set forth in | ||
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(2) The claimant's name and address. (3) The nature and extent of the claimant's interest | ||
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(4) The circumstances of the claimant's acquisition | ||
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(5) The names and addresses of all other persons | ||
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(6) The specific provision of law relied on in | ||
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(7) All essential facts supporting each assertion. (8) The relief sought by the claimant. (b) The claim must be accompanied by a cost bond in the form of a cashier's check payable to the clerk of the court in the amount of 10% of the reasonable value of the property as alleged by the Attorney General or State's Attorney or the amount of $100, whichever is greater, conditioned upon the claimant's payment, in the case of forfeiture, of all costs and expenses of the proceeding under this Section. (c) Upon the filing of a claim and cost bond as provided in this Section, the court shall determine whether the property is subject to forfeiture in accordance with this Article. If none of the seized property is declared forfeited in a proceeding under this Section, then, unless the court orders otherwise, the clerk of the court shall return to the claimant 90% of the amount deposited with the clerk as a cost bond under this Section. If any of the seized property is declared forfeited in a proceeding under this Section, then the clerk of the court shall transfer 90% of the amount deposited with the clerk as a cost bond under this Section to the prosecuting authority. In either case, the clerk shall retain the remaining 10% of the amount deposited as costs for the proceeding under this Section.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-175)
Sec. 124B-175. Distribution of forfeited moneys and proceeds from sale of forfeited property. All moneys forfeited under this Article, together with the proceeds from the sale of all property forfeited under this Article, shall be distributed as set forth in this Article.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-180)
Sec. 124B-180. Segregation of moneys from sale proceeds for certain purposes. Before any distribution under Section 124B-175 or as otherwise prescribed by law, the court may order the Attorney General or State's Attorney to segregate moneys from the proceeds of the sale sufficient to do any of the following: (1) Satisfy any order of restitution, as the court | ||
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(2) Satisfy any legal right, title, or interest that | ||
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(3) Satisfy any bona fide purchaser for value of the | ||
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(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-190)
Sec. 124B-190. Construction. It is the intent of the General Assembly that the forfeiture provisions of this Article be liberally construed so as to effect their purpose. The forfeiture of property and other remedies under this Article shall be considered to be in addition to, and not exclusive of, any sentence or other remedy provided by law.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-195) Sec. 124B-195. Reporting. Property seized or forfeited under this Article is subject to reporting under the Seizure and Forfeiture Reporting Act.
(Source: P.A. 100-512, eff. 7-1-18.) |
(725 ILCS 5/Art. 124B Pt. 300 heading)
Part 300. Forfeiture; Involuntary Servitude and Trafficking in Persons
(Source: P.A. 96-712, eff. 1-1-10; 97-897, eff. 1-1-13.) |
(725 ILCS 5/124B-300) Sec. 124B-300. Persons and property subject to forfeiture. A person who commits the offense of involuntary servitude, involuntary servitude of a minor, or trafficking of persons under Section 10A-10 or Section 10-9 of the Criminal Code of 1961 or the Criminal Code of 2012, promoting juvenile prostitution, keeping a place of juvenile prostitution, or promoting prostitution that involves keeping a place of prostitution under subsection (a)(1) or (a)(4) of Section 11-14.4 or under Section 11-14.3, 11-17.1, or 11-19.2 of the Criminal Code of 1961 or of the Criminal Code of 2012 shall forfeit to the State of Illinois any profits or proceeds and any property he or she has acquired or maintained in violation of Section 10A-10 or Section 10-9 of the Criminal Code of 1961 or the Criminal Code of 2012, promoting juvenile prostitution, keeping a place of juvenile prostitution, or promoting prostitution that involves keeping a place of prostitution under subsection (a)(1) or (a)(4) of Section 11-14.4 or under Section 11-14.3, 11-17.1, or 11-19.2 of the Criminal Code of 1961 or of the Criminal Code of 2012 that the sentencing court determines, after a forfeiture hearing under this Article, to have been acquired or maintained as a result of maintaining a person in involuntary servitude or participating in trafficking of persons.
(Source: P.A. 97-1150, eff. 1-25-13; 98-1013, eff. 1-1-15.) |
(725 ILCS 5/124B-305) Sec. 124B-305. Distribution of property and sale proceeds. All moneys and the sale proceeds of all other property forfeited and seized under this Part 300 shall be distributed as follows: (1) 45% shall be divided equally between all State | ||
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(2) 50% shall be deposited into the Specialized | ||
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(3) 5% shall be paid to the Office of the State's | ||
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(Source: P.A. 97-897, eff. 1-1-13; 98-1013, eff. 1-1-15.) |
(725 ILCS 5/124B-310)
Sec. 124B-310. Standard forfeiture provisions incorporated by reference. All of the provisions of Part 100 of this Article are incorporated by reference into this Part 300.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/Art. 124B Pt. 400 heading)
Part 400. Obscenity
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-400)
Sec. 124B-400. Legislative declaration. Obscenity is a far-reaching and extremely profitable crime. This crime persists despite the threat of prosecution and successful prosecution because existing sanctions do not effectively reach the money and other assets generated by it. It is therefore necessary to supplement existing sanctions by mandating forfeiture of money and other assets generated by this crime. Forfeiture diminishes the financial incentives that encourage and sustain obscenity and secures for the State, local government, and prosecutors a resource for prosecuting these crimes.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-405)
Sec. 124B-405. Persons and property subject to forfeiture. A person who has been convicted previously of the offense of obscenity under Section 11-20 of the Criminal Code of 1961 or the Criminal Code of 2012 and who is convicted of a second or subsequent offense of obscenity under that Section shall forfeit the following to the State of Illinois: (1) Any property constituting or derived from any | ||
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(2) Any of the person's property used in any manner, | ||
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(Source: P.A. 96-712, eff. 1-1-10; 97-1150, eff. 1-25-13.) |
(725 ILCS 5/124B-410)
Sec. 124B-410. No prior restraint. Nothing in this Part 400 shall be construed as authorizing the prior restraint of any showing, performance, or exhibition of allegedly obscene films, plays, or other presentations or of any sale or distribution of allegedly obscene materials.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-415)
Sec. 124B-415. Order to destroy property. If the Attorney General or State's Attorney believes any property forfeited and seized under this Part 400 describes, depicts, or portrays any of the acts or activities described in subsection (b) of Section 11-20 of the Criminal Code of 1961 or the Criminal Code of 2012, the Attorney General or State's Attorney shall apply to the court for an order to destroy that property. If the court determines that the property describes, depicts, or portrays such acts or activities it shall order the Attorney General or State's Attorney to destroy the property.
(Source: P.A. 96-712, eff. 1-1-10; 97-1150, eff. 1-25-13.) |
(725 ILCS 5/124B-420) Sec. 124B-420. Distribution of property and sale proceeds. (a) All moneys and the sale proceeds of all other property forfeited and seized under this Part 400 shall be distributed as follows: (1) 50% shall be distributed to the unit of local | ||
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(2) 25% shall be distributed to the county in which | ||
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(3) 25% shall be distributed to the Office of the | ||
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(b) Before any distribution under subsection (a), the Attorney General or State's Attorney shall retain from the forfeited moneys or sale proceeds, or both, sufficient moneys to cover expenses related to the administration and sale of the forfeited property.
(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.) |
(725 ILCS 5/124B-425)
Sec. 124B-425. Forfeiture provisions not applicable to libraries. This Part 400 does not apply to any property of a public library or any property of a library operated by an institution accredited by a generally recognized accrediting agency.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-430)
Sec. 124B-430. Standard forfeiture provisions incorporated by reference. All of the provisions of Part 100 of this Article are incorporated by reference into this Part 400.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/Art. 124B Pt. 500 heading)
Part 500. Other Sex Offenses
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-500) (Text of Section before amendment by P.A. 103-825) Sec. 124B-500. Persons and property subject to forfeiture. A person who commits child pornography, aggravated child pornography, or non-consensual dissemination of private sexual images under Section 11-20.1, 11-20.1B, 11-20.3, or 11-23.5 of the Criminal Code of 1961 or the Criminal Code of 2012 shall forfeit the following property to the State
of Illinois: (1) Any profits or proceeds and any property the | ||
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(2) Any interest in, securities of, claim against, or | ||
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(3) Any computer that contains a depiction of child | ||
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(Source: P.A. 97-1150, eff. 1-25-13; 98-1013, eff. 1-1-15; 98-1138, eff. 6-1-15.) (Text of Section after amendment by P.A. 103-825) Sec. 124B-500. Persons and property subject to forfeiture. A person who commits child pornography, aggravated child pornography, obscene depiction of a purported child, non-consensual dissemination of private sexual images, or non-consensual dissemination of sexually explicit digitized depictions under Section 11-20.1, 11-20.1B, 11-20.3, 11-20.4, 11-23.5, or 11-23.7 of the Criminal Code of 1961 or the Criminal Code of 2012 shall forfeit the following property to the State of Illinois: (1) Any profits or proceeds and any property the | ||
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(2) Any interest in, securities of, claim against, or | ||
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(3) Any computer that contains a depiction of child | ||
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(Source: P.A. 103-825, eff. 1-1-25.) |
(725 ILCS 5/124B-505)
Sec. 124B-505. Distribution of property and sale proceeds. (a) All moneys and the sale proceeds of all other property forfeited and seized under this Part 500 shall be distributed as follows: (1) One-half shall be divided equally between all | ||
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(2) One-half shall be deposited into the Violent | ||
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(b) Before any distribution under subsection (a), the Attorney General or State's Attorney shall retain from the forfeited moneys or sale proceeds, or both, sufficient moneys to cover expenses related to the administration and sale of the forfeited property.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-510)
Sec. 124B-510. Standard forfeiture provisions incorporated by reference. All of the provisions of Part 100 of this Article are incorporated by reference into this Part 500.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/Art. 124B Pt. 600 heading)
Part 600. Computer Crime
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-600)
Sec. 124B-600. Persons and property subject to forfeiture. A person who commits the offense of computer fraud as set forth in Section 16D-5 or Section 17-50 of the Criminal Code of 1961 or the Criminal Code of 2012 shall forfeit any property that the sentencing court determines, after a forfeiture hearing under this Article, the person has acquired or maintained, directly or indirectly, in whole or in part, as a result of that offense. The person shall also forfeit any interest in, securities of, claim against, or contractual right of any kind that affords the person a source of influence over any enterprise that the person has established, operated, controlled, conducted, or participated in conducting, if the person's relationship to or connection with any such thing or activity directly or indirectly, in whole or in part, is traceable to any item or benefit that the person has obtained or acquired through computer fraud.
(Source: P.A. 96-712, eff. 1-1-10; 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.) |
(725 ILCS 5/124B-605)
Sec. 124B-605. Distribution of property and sale proceeds. (a) All moneys and the sale proceeds of all other property forfeited and seized under this Part 600 shall be distributed as follows: (1) 50% shall be distributed to the unit of local | ||
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(2) 50% shall be distributed to the county in which | ||
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(b) Before any distribution under subsection (a), the Attorney General or State's Attorney shall retain from the forfeited moneys or sale proceeds, or both, sufficient moneys to cover expenses related to the administration and sale of the forfeited property.
(Source: P.A. 102-538, eff. 8-20-21.) |
(725 ILCS 5/124B-610)
Sec. 124B-610. Computer used in commission of felony; forfeiture. If a person commits a felony under any provision of the Criminal Code of 1961 or the Criminal Code of 2012 or another statute and the instrumentality used in the commission of the offense, or in connection with or in furtherance of a scheme or design to commit the offense, is a computer owned by the defendant (or, if the defendant is a minor, owned by the minor's parent or legal guardian), the computer is subject to forfeiture under this Article. A computer, or any part of a computer, is not subject to forfeiture under this Article, however, under either of the following circumstances: (1) The computer accessed in the commission of the | ||
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(2) The rights of a creditor, lienholder, or person | ||
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(Source: P.A. 96-712, eff. 1-1-10; 97-1150, eff. 1-25-13.) |
(725 ILCS 5/124B-615)
Sec. 124B-615. Standard forfeiture provisions incorporated by reference. All of the provisions of Part 100 of this Article are incorporated by reference into this Part 600.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/Art. 124B Pt. 700 heading)
Part 700. WIC Fraud
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-700)
Sec. 124B-700. Persons and property subject to forfeiture. A person who commits a felony violation of Article 17B or Section 17-6.3 of the Criminal Code of 1961 or the Criminal Code of 2012 shall forfeit any property that the sentencing court determines, after a forfeiture hearing under this Article, (i) the person has acquired, in whole or in part, as a result of committing the violation or (ii) the person has maintained or used, in whole or in part, to facilitate, directly or indirectly, the commission of the violation. The person shall also forfeit any interest in, securities of, claim against, or contractual right of any kind that affords the person a source of influence over any enterprise that the person has established, operated, controlled, conducted, or participated in conducting, if the person's relationship to or connection with any such thing or activity directly or indirectly, in whole or in part, is traceable to any item or benefit that the person has obtained or acquired as a result of a felony violation of Article 17B or Section 17-6.3 of the Criminal Code of 1961 or the Criminal Code of 2012. Property subject to forfeiture under this Part 700 includes the following: (1) All moneys, things of value, books, records, and | ||
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(2) Everything of value furnished, or intended to be | ||
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(3) All real property, including any right, title, | ||
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(Source: P.A. 96-712, eff. 1-1-10; 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.) |
(725 ILCS 5/124B-705)
Sec. 124B-705. Seizure and inventory of property subject to forfeiture. Property taken or detained under this Part shall not be subject to
replevin, but is
deemed to be in the custody of the Director of the Illinois State Police subject only to the order and
judgments of the circuit
court having jurisdiction over the forfeiture proceedings and the decisions of
the Attorney General
or State's Attorney under this Article. When property is seized under this
Article,
the
seizing agency shall
promptly conduct an inventory of the seized property and estimate the
property's
value and shall
forward a copy of the estimate of the property's value to the Director of the Illinois State
Police. Upon
receiving the notice
of seizure, the
Director may do any of the following: (1) Place the property under seal. (2) Remove the property to a place designated by the | ||
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(3) Keep the property in the possession of the | ||
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(4) Remove the property to a storage area for | ||
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(5) Place the property under constructive seizure by | ||
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(6) Provide for another agency or custodian, | ||
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(Source: P.A. 102-538, eff. 8-20-21.) |
(725 ILCS 5/124B-710) Sec. 124B-710. Sale of forfeited property by Director of the Illinois State Police. (a) The court shall authorize the Director of the Illinois State Police to seize any property declared forfeited under this Article on terms and conditions the court deems proper. (b) When property is forfeited under this Part 700, the Director of the Illinois State Police shall sell the property unless the property is required by law to be destroyed or is harmful to the public. The Director shall distribute the proceeds of the sale, together with any moneys forfeited or seized, in accordance with Section 124B-715. (c) (Blank).
(Source: P.A. 102-538, eff. 8-20-21.) |
(725 ILCS 5/124B-715) Sec. 124B-715. Distribution of all other property and sale proceeds. All moneys and the sale proceeds of all property forfeited and seized under this Part 700 shall be distributed to the Special Supplemental Food Program for Women, Infants and Children (WIC) program administered by the Illinois Department of Human Services.
(Source: P.A. 100-512, eff. 7-1-18.) |
(725 ILCS 5/124B-720)
Sec. 124B-720. Standard forfeiture provisions incorporated by reference. All of the provisions of Part 100 of this Article are incorporated by reference into this Part 700.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/Art. 124B Pt. 800 heading)
Part 800. Terrorism
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-800)
Sec. 124B-800. Persons and property subject to forfeiture. (a) A person who commits an offense under Article 29D of the Criminal Code of 1961 or the Criminal Code of 2012 shall forfeit any property that the sentencing court determines, after a forfeiture hearing under this Article, (i) the person has acquired or maintained, directly or indirectly, in whole or in part, as a result of the offense or (ii) the person used, was about to use, or intended to use in connection with the offense. The person shall also forfeit any interest in, securities of, claim against, or contractual right of any kind that affords the person a source of influence over any enterprise that the person has established, operated, controlled, conducted, or participated in conducting, if the person's relationship to or connection with any such thing or activity directly or indirectly, in whole or in part, is traceable to any item or benefit that the person has obtained or acquired as a result of a violation of Article 29D of the Criminal Code of 1961 or the Criminal Code of 2012 or that the person used, was about to use, or intended to use in connection with a violation of Article 29D of the Criminal Code of 1961 or the Criminal Code of 2012. (b) For purposes of this Part 800, "person" has the meaning given in Section 124B-115 of this Code and, in addition to that meaning, includes, without limitation, any charitable organization, whether incorporated or unincorporated, any professional fund raiser, professional solicitor, limited liability company, association, joint stock company, association, trust, trustee, or any group of people formally or informally affiliated or associated for a common purpose, and any officer, director, partner, member, or agent of any person.
(Source: P.A. 96-712, eff. 1-1-10; 97-1150, eff. 1-25-13.) |
(725 ILCS 5/124B-805) Sec. 124B-805. Asset freeze or seizure; ex parte proceeding. (a) Whenever it appears that there is probable cause to believe that any person used, is using, is about to use, or is intending to use property in any way that constitutes or would constitute an offense as defined in this Article, the Attorney General or any State's Attorney may make an ex parte application to the circuit court to freeze or seize all assets of that person. Upon a showing of probable cause in the ex parte hearing, the circuit court shall issue an order to freeze or seize all assets of that person. A copy of the freeze or seize order shall be served upon the person whose property has been frozen or seized. (b) At any time within 30 days after service of the order to freeze or seize property, the person whose property was ordered frozen or seized, or any person claiming an interest in the property, may file a motion to release his or her property. The court shall hold a hearing on the motion within 10 days. (c) In any proceeding to release property, the burden of proof shall be by a preponderance of evidence and shall be on the State to show that the person used, was using, is about to use, or is intending to use any property in any way that constitutes or would constitute an offense as defined in this Article. If the court finds that any property was being used, is about to be used, or is intended to be used in any way that constitutes or would constitute an offense as defined in this Article, the court shall order the property frozen or held until further order of the court. Any property so ordered held or frozen is subject to forfeiture under the procedures set forth in this Article. (d) Upon the request of the defendant, the court may release property frozen or seized under this Section in an amount sufficient to pay attorney's fees for representation of the defendant at a hearing conducted under this Article.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-810)
Sec. 124B-810. Forfeiture hearing following property freeze or seizure. (a) If a person having any property interest in property frozen or seized under Section 124B-805 is charged with an offense within 60 days after the property is frozen or seized, the court that renders judgment on the charge shall conduct a forfeiture hearing within 30 days after the judgment to determine whether the property (i) was used, about to be used, or intended to be used to commit an offense as defined in this Article or in connection with any such offense or (ii) was integrally related to any offense as defined in this Article or intended offense as defined in this Article. (b) The State shall commence a forfeiture proceeding under subsection (a) by filing a written petition with the court. The petition must be verified and must include the following: (1) Material allegations of fact. (2) The name and address of every person determined | ||
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(3) A representation that written notice of the date, | ||
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(4) A request for forfeiture. (c) Every person described in paragraph (2) of subsection (b) may appear as a party and present evidence at the hearing. The quantum of proof required is a preponderance of the evidence, and the burden of proof is on the State. (d) If the court determines that the frozen or seized property was used, about to be used, or intended to be used to commit an offense as defined in this Article or in connection with any such offense, or was integrally related to any offense as defined in this Article or intended offense as defined in this Article, the court shall enter an order of forfeiture and disposition of the frozen or seized property. All property forfeited may be liquidated, and the resultant money, together with any other money forfeited, shall be distributed as set forth in this Article.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-815)
Sec. 124B-815. No release of property for payment of attorney's fees. No judge shall release any property that is the subject of a petition filed under subsection (b) of Section 124B-810 or a hearing conducted under Section 124B-150 or 124B-160 for the payment of attorney's fees for any person claiming an interest in that property.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-820)
Sec. 124B-820. No offense charged or no conviction; in rem proceeding. (a) If a person is not charged with an offense within 60 days after property is frozen or seized under Section 124B-805, or if the prosecution of the charge is permanently terminated or indefinitely discontinued without any judgment of conviction, or if a judgment of acquittal is entered, the Attorney General or State's Attorney shall immediately commence an in rem proceeding for the forfeiture of any frozen or seized property in the circuit court by filing a complaint that contains the same information as required in a petition under subsection (b) of Section 124B-810. The court shall conduct the in rem proceeding in the same manner as other forfeiture proceedings under this Article. (b) Any person having any property interest in the frozen or seized property may commence a separate civil proceeding in the manner provided by law.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-825)
Sec. 124B-825. Distribution of property and sale proceeds. After the deduction of all requisite expenses of administration and sale, the Attorney General or State's Attorney shall distribute the proceeds of the sale of forfeited property, along with any property forfeited or seized, between participating law enforcement agencies in equitable portions as determined by the court entering the forfeiture order.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-830)
Sec. 124B-830. Standard forfeiture provisions incorporated by reference. All of the provisions of Part 100 of this Article are incorporated by reference into this Part 800.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/Art. 124B Pt. 900 heading)
Part 900. Animals
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-900)
Sec. 124B-900. Legislative declaration. The General Assembly finds that the forfeiture of real property that is used or intended to be used in connection with any show, exhibition, program, or other activity featuring or otherwise involving a fight between an animal and any other animal or human or involving the intentional killing of any animal for the purpose of sport, wagering, or entertainment will have a significant beneficial effect in deterring the rising incidence of those activities within this State, as well as other crimes that frequently occur in partnership with animal fighting, such as illegal gambling, possession of narcotics, and weapons violations.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-905)
Sec. 124B-905. Persons and property subject to forfeiture. A person who commits a felony violation of Section 4.01 of the Humane Care for Animals Act or a felony violation of Section 48-1 or Section 26-5 of the Criminal Code of 2012 or the Criminal Code of 1961 shall forfeit the following: (1) Any moneys, profits, or proceeds the person | ||
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(2) Any real property or interest in real property | ||
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(A) The person organizing the show, exhibition, | ||
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(B) Any other person participating in the | ||
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(C) Any person who knowingly allowed the | ||
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The person shall also forfeit any interest in, securities of, claim against, or contractual right of any kind that affords the person a source of influence over any enterprise that the person has established, operated, controlled, conducted, or participated in conducting, if the person's relationship to or connection with any such thing or activity directly or indirectly, in whole or in part, is traceable to any item or benefit that the person has obtained or acquired as a result of a felony violation of Section 4.01 of the Humane Care for Animals Act, a felony violation of Section 48-1 of the Criminal Code of 2012 or Section 26-5 of the Criminal Code of 1961.
(Source: P.A. 96-712, eff. 1-1-10; 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.) |
(725 ILCS 5/124B-910) Sec. 124B-910. Notice to or service on owner or interest holder. (a) Whenever notice of pending forfeiture or service of an in rem complaint is required under this Article, the notice or service shall be given or made as follows: (1) If the owner's or interest holder's name and | ||
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(2) If the property seized is a conveyance, then | ||
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(3) If the owner's or interest holder's address is | ||
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(b) Notice of pending forfeiture served under this Article is effective upon personal service, the last date of publication, or the mailing of written notice, whichever is earlier.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-915)
Sec. 124B-915. Property vests in State. All property declared forfeited under this Article vests in the State on the date of the commission of the conduct giving rise to forfeiture, together with the proceeds of the property after that time. Any such property or proceeds subsequently transferred to any person remain subject to forfeiture and thereafter shall be ordered forfeited unless the transferee claims and establishes in a hearing under the provisions of this Article that the transferee's interest is exempt from forfeiture.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-920) Sec. 124B-920. Defendant precluded
from later denying the essential allegations of the offense. A defendant convicted in any criminal proceeding is precluded
from later denying the essential allegations of the criminal offense of
which the defendant was convicted in any proceeding under this Article
regardless of the pendency of an
appeal from that conviction. However, evidence of the pendency of an
appeal is admissible.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-925)
Sec. 124B-925. Settlement of claims. Notwithstanding any other provision of this Article, the Attorney General or State's Attorney and a claimant of seized property may enter into an agreed-upon settlement concerning the seized property in an amount and upon terms that are set out in writing in a settlement agreement.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/124B-930) Sec. 124B-930. Disposal of property. (a) Real property taken or detained under this Part is not subject to replevin, but is deemed to be in the custody of the Director of the Illinois State Police subject only to the order and judgments of the circuit court having jurisdiction over the forfeiture proceedings and the decisions of the State's Attorney or Attorney General under this Article. (b) When property is forfeited under this Article, the Director of the Illinois State Police shall sell all such property and shall distribute the proceeds of the sale, together with any moneys forfeited or seized, in accordance with Section 124B-935.
(Source: P.A. 102-538, eff. 8-20-21.) |
(725 ILCS 5/124B-935)
Sec. 124B-935. Distribution of property and sale proceeds. All moneys and the sale proceeds of all other property forfeited and seized under this Part 900 shall be distributed as follows: (1) 65% shall be distributed to the local, municipal, | ||
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(2) 12.5% shall be distributed to the Office of the | ||
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(3) 12.5% shall be distributed to the Illinois | ||
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(4) 10% shall be retained by the Illinois State | ||
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(Source: P.A. 102-538, eff. 8-20-21.) |
(725 ILCS 5/124B-940)
Sec. 124B-940. Standard forfeiture provisions incorporated by reference. All of the provisions of Part 100 of this Article are incorporated by reference into this Part 900.
(Source: P.A. 96-712, eff. 1-1-10.) |
(725 ILCS 5/Art. 124B Pt. 1000 heading) Part 1000. Unlawful Telecommunications Device
(Source: P.A. 97-1109, eff. 1-1-13.) |
(725 ILCS 5/124B-1000) Sec. 124B-1000. Persons and property subject to forfeiture. (a) A person who commits the offense of unlawful transfer of a telecommunications device to a minor in violation of Section 12C-65 or Article 44 of the Criminal Code of 2012 or the Criminal Code of 1961 shall forfeit any telecommunications device used in the commission of the offense or which constitutes evidence of the commission of such offense. (b) A person who commits an offense prohibited by the Criminal Code of 1961, the Criminal Code of 2012, the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act, or an offense involving a telecommunications device possessed by a person on the real property of any elementary or secondary school without authority of the school principal shall forfeit any telecommunications device used in the commission of the offense or which constitutes evidence of the commission of such offense. A person who is not a student of the particular elementary or secondary school, who is on school property as an invitee of the school, and who has possession of a telecommunications device for lawful and legitimate purposes, shall not need to obtain authority from the school principal to possess the telecommunications device on school property.
(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.) |
(725 ILCS 5/124B-1010) Sec. 124B-1010. Seizure. A telecommunications device subject to forfeiture may be seized and delivered forthwith to the investigating law enforcement agency. Such telecommunications device shall not be seized unless it was used in the commission of an offense specified in Section 124B-1000, or constitutes evidence of such an offense. Within 15 days after such delivery, the investigating law enforcement agency shall give notice of seizure to any known owners, lien holders and secured parties of such property. Within that 15 day period the investigating law enforcement agency shall also notify the State's Attorney of the county of seizure about the seizure.
(Source: P.A. 97-1109, eff. 1-1-13.) |
(725 ILCS 5/124B-1020) Sec. 124B-1020. Exception to forfeiture. No telecommunications device shall be forfeited by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than the owner while the device was unlawfully in the possession of a person who acquired possession thereof in violation of the criminal laws of the United States, or of any state.
(Source: P.A. 97-1109, eff. 1-1-13.) |
(725 ILCS 5/124B-1030) Sec. 124B-1030. (Repealed).
(Source: P.A. 97-1109, eff. 1-1-13. Repealed by P.A. 100-512, eff. 7-1-18.) |
(725 ILCS 5/124B-1040) Sec. 124B-1040. Distribution of property from sale of proceeds. The proceeds of any sale of property, after payment of all liens and deduction of the reasonable charges and expenses incurred by the investigating law enforcement agency in storing and selling the property, shall be paid into the general fund of the level of government responsible for the operation of the investigating law enforcement agency.
(Source: P.A. 97-1109, eff. 1-1-13.) |
(725 ILCS 5/124B-1045) Sec. 124B-1045. Definition. "Telecommunications device" means a device which is portable or which may be installed in a motor vehicle, boat, or other means of transportation, and which is capable of receiving or transmitting speech, data, signals, or other information, including but not limited to paging devices, cellular and mobile telephones, and radio transceivers, transmitters and receivers, but not including radios designed to receive only standard AM and FM broadcasts.
(Source: P.A. 97-1109, eff. 1-1-13.) |
(725 ILCS 5/124B-1050) Sec. 124B-1050. Standard forfeiture provisions incorporated by reference. All of the provisions of Part 100 of this Article are incorporated by reference into this Part 1000.
(Source: P.A. 97-1109, eff. 1-1-13.) |
(725 ILCS 5/Art. 125 heading) ARTICLE 125.
CONSTRUCTION AND EFFECTIVE DATE
|
(725 ILCS 5/125-1) (from Ch. 38, par. 125-1)
Sec. 125-1.
Effect of headings.
Section, Article and Title headings contained herein shall not be deemed
to govern, limit, modify or in any manner affect the scope, meaning or
intent of the provisions of any Section, Article or Title hereof.
(Source: Laws 1963, p. 2836.)
|
(725 ILCS 5/125-2) (from Ch. 38, par. 125-2)
Sec. 125-2.
Partial invalidity.
The invalidity of any provision of this Code shall not affect the
validity of the remainder of this Code.
(Source: Laws 1963, p. 2836.)
|
(725 ILCS 5/125-3) (from Ch. 38, par. 125-3)
Sec. 125-3.
Savings provisions.
(a) The provisions of Sections 2, 3 and 4 of "An Act to revise the law
in relation to the construction of the statutes", approved March 5, 1874,
as heretofore and hereafter amended, shall apply in all construction of
this Code.
(b) In any case pending on or after the effective date of this Code
involving an offense committed prior to such date the procedural provisions
of this Code shall govern insofar as they are justly applicable and their
application does not introduce confusion or delay.
(c) Provisions of this Code according a defense or mitigation shall
apply with the consent of the defendant.
(d) Provisions of this Code governing the treatment, eligibility,
release or discharge of prisoners, probationers and parolees shall apply to
persons under sentence for offenses committed prior to the effective date
of this Code except that the minimum or maximum period of their detention
or supervision shall in no case be increased.
(Source: Laws 1963, p. 2836.)
|
(725 ILCS 5/125-4) (from Ch. 38, par. 125-4)
Sec. 125-4.
Effective date.
This Code shall take effect January 1, 1964.
(Source: Laws 1963, p. 2836.)
|
(725 ILCS 5/Art. 126 heading) ARTICLE 126.
REPEAL
|
(725 ILCS 5/126-1) (from Ch. 38, par. 126-1)
Sec. 126-1.
Repeal.
The following Acts and parts of Acts are repealed:
Section 229 and 274 of Division I, Sections 7, 12 and 13 of Division II,
Sections 1, 2, 3, 4, 5, 6, 7a and 16a of Division III, Sections 3, 4, 5, 6,
7 and 8 of Division VI, all of Division VII, all of Division VIII, Section
3 of Division X, Sections 1, 2, 3, 4, 5, 6, 7, 9, 10 and 11 of Division XI,
all of Division XII, Sections 1, 2, 2a, 3, 4, 5, 8, 8a, 11, 12, 13, 14, 15,
16, 17 and 18 of Division XIII, Sections 1, 2, 3, 3a, 4, 5, 7, 14, 18 and
19 of Division XIV, all of Division XV and Sections 350-A, 350-B and 350-C
of "An Act to revise the law in relation to criminal jurisprudence",
approved March 27, 1874, as amended;
"An Act to bar certain prosecutions for violations of criminal laws of
this State", approved July 22, 1959;
"An Act in relation to the punishment of criminals", approved June 23,
1883, as amended;
"An Act in relation to the punishment and parole of habitual criminals",
approved April 11, 1957;
"An Act to bar certain actions for want of prosecution", approved July
8, 1957, as amended;
"An Act providing that persons arrested for certain offenses shall be
furnished with a copy of the information or complaint upon which they are
charged", approved July 8, 1933;
"An Act in relation to the holding of persons in custody without their
being able to notify their families or to have legal assistance", approved
May 14, 1951;
"An Act to regulate the granting of continuances in criminal cases",
approved June 26, 1885, as amended;
Sections 1, 2, 3, 4, 5, 6.1, 7, 8, 15, 16 and 17 of "An Act providing
for a system of probation, for the appointment and compensation of
probation officers, and authorizing the suspension of final judgment and
the imposition of sentence upon persons found guilty of certain defined
crimes and offenses, and legalizing their ultimate discharge without
punishment", approved June 10, 1911, as amended;
Sections 1, 1a, 2, 3, 3.1, 3a, 9, 9.1 and 16 of "An Act to revise the
law in relation to the fixing of the punishment and the sentence and
commitment of persons convicted of crime or offenses, and providing for a
system of parole", approved June 25, 1917, as amended; and
"An Act to provide a remedy for persons convicted and imprisoned in the
penitentiary, who assert that rights guaranteed to them by the Constitution
of the United States or the State of Illinois, or both, have been denied or
violated, in proceedings in which they were convicted", approved August 4,
1949.
(Source: Laws 1963, p. 2836.)
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