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Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 104-12

Legal Research Home > Illinois Lawyer > Code of Criminal Procedure > Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 104-12

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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.)

Last modified: April 5, 2006