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Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5Legal Research Home > Illinois Lawyer > Code of Criminal Procedure > Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5 Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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.) ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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) ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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, ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 102-5 "Arrest". "Arrest" means the taking of a person into custody. (Source: Laws 1963, p. 2836.) ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 102-6 "Bail". "Bail" means the amount of money set by the court which is required to be obligated and secured as provided by law for the release ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 102-7 "Bail bond". "Bail bond" means an undertaking secured by bail entered into by a person in custody by which he binds himself to comply with such ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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. ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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. ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 102-10 "Court". "Court" means a place where justice is judicially administered and includes a judge thereof. (Source: P. A. 77-1286.) ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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. ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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: ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 102-15 "Offense". "Offense" means a violation of any penal statute of this State. (Source: P.A. 76-1796.) ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 102-16 "Parole". "Parole" means the conditional and revocable release of a committed person under the supervision of a paroling authority. (Source: P. A. 77-2476.) ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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.) ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 102-20 "Sentence". "Sentence" is the disposition imposed on the defendant by the court. (Source: P.A. 77-2476.) ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 102-23 " Moderately mentally retarded person " means a person whose intelligence quotient is between 41 and 55 and who does not suffer from significant mental illness to the extent ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 103-3 Right to communicate with attorney and family; transfers. (a) Persons who are arrested shall have the right to communicate with an attorney of their choice and ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 104-17 Commitment for Treatment; Treatment Plan. (a) If the defendant is eligible to be or has been released on bail or on his own recognizance, the court ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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. ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 104-31 No defendant placed in a secure 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 106B-1 (Repealed). (Source: Repealed by P.A. 88-674, eff. 12-14-94.) ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 106B-5 Testimony by a victim who is a child or a moderately, severely, or profoundly mentally retarded person. (a) In a proceeding in the prosecution of an ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 106C-1 (Repealed). (Source: Repealed by P.A. 88-241.) ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 106C-2 (Repealed). (Source: Repealed by P.A. 88-241.) ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 106D-1 Defendant's appearance by closed circuit television. When a defendant's personal appearance is not required by the Constitution of the United States or Illinois Constitution, the court may allow ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 106E-5 (Repealed). (Source: P.A. 91-577, eff. 8-14-99. Repealed by Section 106E-15, eff. 12-31-00.) ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 106E-10 (Repealed). (Source: P.A. 91-577, eff. 8-14-99. Repealed by Section 106E-15, eff. 12-31-00.) ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 106E-15 (Repealed). (Source: P.A. 91-577, eff. 8-14-99. Repealed internally, eff. 12-31-00.) ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 107-2 (1) Arrest by Peace Officer. A peace officer may arrest a person when: (a) He has a warrant commanding that such person be arrested; or (b) He ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 the District ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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: ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 107-14 Temporary questioning without arrest. A peace officer, after having identified himself as a peace officer, may stop any person in a public place for a reasonable ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 107A-5 Lineup and photo spread procedure. (a) All lineups shall be photographed or otherwise recorded. These photographs shall be disclosed to the accused and his or her ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 107A-10 Pilot study on sequential lineup procedures. (a) Legislative intent. Because the goal of a police investigation is to apprehend the person or persons responsible for committing ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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. ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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. ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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, ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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.) ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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: ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 108B-1 Definitions . For the purpose of this Article: (a) "Aggrieved person" means a person who was a party to any intercepted wire or oral communication or any ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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, ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 108B-5 Requirements for order of interception . Upon consideration of an application, the chief judge may enter an ex parte order, as requested or as modified, authorizing the interception ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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.) ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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, ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 108B-14 Training. (a) The Director of the Illinois Department of State Police shall: (1) Establish a course of training in the legal, practical, and technical aspects ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 109-1 Person arrested. (a) A person arrested with or without a warrant shall be taken without unnecessary delay before the nearest and most accessible judge in that ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 109-1.1 (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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110-1 Definitions . (a) "Security" is that which is required to be pledged to insure the payment of bail. (b) "Sureties" encompasses the monetary and nonmonetary requirements set ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110-2 Release on own recognizance . When from all the circumstances the court is of the opinion that the defendant will appear as required either before or after conviction ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110-3 Issuance of warrant . Upon failure to comply with any condition of a bail bond or recognizance the court having jurisdiction at the time of such failure may, ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110-4 Bailable Offenses. (a) All persons shall be bailable before conviction, except the following offenses where the proof is evident or the presumption great that the defendant ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110-5 Determining the amount of bail and conditions of release. (a) In determining the amount of monetary bail or conditions of release, if any, which will reasonably ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110-6 (a) Upon verified application by the State or the defendant or on its own motion the court before which the proceeding is pending may increase or reduce the amount ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110-6.1 Denial of bail in non-probationable felony offenses. (a) Upon verified petition by the State, the court shall hold a hearing to determine whether bail should be ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110-6.2 Post-conviction Detention . (a) The court shall order that a person who has been found guilty of an offense and who is waiting imposition or execution of sentence ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110-6.3 Denial of bail in stalking and aggravated stalking offenses. (a) Upon verified petition by the State, the court shall hold a hearing to determine whether bail ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110-6.5 Drug testing program . The Chief Judge of the circuit may establish a drug testing program as provided by this Section in any county in the circuit if ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110-7 Deposit of Bail Security. (a) The person for whom bail has been set shall execute the bail bond and deposit with the clerk of the court ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110-8 Cash, stocks, bonds and real estate as security for bail. (a) In lieu of the bail deposit provided for in Section 110-7 of this Code any ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110-9 Taking of bail by peace officer. When bail has been set by a judicial officer for a particular offense or offender any sheriff or other peace officer may ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110-10 Conditions of bail bond. (a) If a person is released prior to conviction, either upon payment of bail security or on his or her own recognizance, ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110-11 Bail 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110-12 Notice of change of address. A defendant who has been admitted to bail shall file a written notice with the clerk of the court before which ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110-13 Persons prohibited from furnishing bail security. No attorney at law practicing in this State and no official authorized to admit another to bail or to accept ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110-14 Credit for Incarceration on Bailable Offense. (a) Any person incarcerated on a bailable offense who does not supply bail and against whom a fine is levied ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110-15 Applicability of provisions for giving and taking bail. The provisions of Sections 110-7 and 110-8 of this Code are exclusive of other provisions of law for ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110-16 Bail bond-forfeiture in same case or absents self during trial-not bailable. If a person admitted to bail on a felony charge forfeits his bond and fails ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110-17 Unclaimed Bail Deposits . Notwithstanding the provisions of the Uniform Disposition of Unclaimed Property Act, any sum of money deposited by any person to secure his release from ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110-18 Reimbursement . The sheriff of each county shall certify to the treasurer of each county the number of days that persons had been detained in the custody of ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110A-5 Courts as conservators of the peace . All courts are conservators of the peace, shall cause to be kept all laws made for the preservation of the peace, ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110A-10 Complaints . When complaint is made to a judge that a person has threatened or is about to commit an offense against the person or property of another, ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110A-15 Warrants . If the court is satisfied that there is danger that an offense will be committed, the court shall issue a warrant requiring the proper officer to ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110A-20 Hearing . When the person complained of is brought before the court if the charge is controverted, the testimony produced on behalf of the plaintiff and defendant shall ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110A-25 Malicious prosecution; costs . If it appears that there is no just reason to fear the commission of the offense, the defendant shall be discharged. If the court ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110A-30 Recognizance . If there is just reason to fear the commission of an offense, the defendant shall be required to give a recognizance, with sufficient security, in the ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110A-35 Refusal to give recognizance . If the person so ordered to recognize complies with the order, he or she shall be discharged; but if he or she refuses ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110A-40 Costs of prosecution . When a person is required to give security to keep the peace, or for his or her good behavior, the court may further order ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110A-45 Discharge upon giving recognizance . A person committed for not finding sureties, or refusing to recognize as required by the court, may be discharged on giving the security ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110A-50 Filing of recognizance; breach of condition . Every recognizance taken in accordance with the foregoing provisions shall be filed of record by the clerk and upon a breach ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110A-55 Conviction not needed . In proceeding upon a recognizance it is not necessary to show a conviction of the defendant of an offense against the person or property ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110A-60 Threat made in court . A person who, in the presence of a court, commits or threatens to commit an offense against the person or property of another, ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110A-65 Remitting recognizance . When, upon an action brought upon a recognizance, the penalty for the action is adjudged forfeited, the court may, on the petition of a defendant, ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110A-70 Surrender of principal . The sureties of a person bound to keep the peace may, at any time, surrender their principal to the sheriff of the county in ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110A-75 New recognizance . The person so surrendered may recognize anew, with sufficient sureties, before a court, for the residue of the time, and shall thereupon be discharged. ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 110A-80 Amended complaint . No proceeding to prevent a breach of the peace shall be dismissed on account of any informality or insufficiency in the complaint, or any process ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 111-1 Methods of prosecution. When authorized by law a prosecution may be commenced by: (a) A complaint; (b) An information; (c) An indictment. ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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; ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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, 11-15, 11-15.1, 11-20.1, 11-20a, 12-1, 12-2, ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 112-1 Selection and qualification. The grand jurors shall be summoned, drawn, qualified and certified according to law. (Source: Laws 1963, p. 2836.) ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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.) ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 112A-1 Construction . This Article shall be interpreted in accordance with the purposes and rules of construction set forth in Section 102 of the Illinois Domestic Violence Act of ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 112A-2 Commencement of Actions. (a) Actions for orders of protection are commenced in conjunction with a delinquency petition or a criminal prosecution by filing a petition for ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 112A-3 Definitions . For the purposes of this Article, the following terms shall have the following meanings: (1) "Abuse" means physical abuse, harassment, intimidation of a dependent, interference ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 112A-4 Persons protected by this article. (a) The following persons are protected by this Article: (i) any person abused by a family or household member; (ii) ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 112A-5 Pleading; non-disclosure of address. (a) A petition for an order of protection shall be in writing and verified or accompanied by affidavit and shall allege that ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 112A-6 Application of rules of civil procedure; criminal law. (a) Any proceeding to obtain, modify, reopen or appeal an order of protection, whether commenced alone or in ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 112A-7 Trial by jury . There shall be no right to trial by jury in any proceeding to obtain, modify, vacate or extend any order of protection under this ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 112A-8 Subject matter jurisdiction . Each of the circuit courts shall have the power to issue orders of protection. (Source: P.A. 84-1305.) ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 112A-10 Process. (a) Summons. Any action for an order of protection, whether commenced alone or in conjunction with another proceeding, is a distinct cause of action and ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 112A-11 Service of Notice of Hearings . A party presenting a petition or motion to the court shall provide the other parties with written notice of the date, time ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 112A-12 Hearings. (a) A petition for an order of protection shall be treated as an expedited proceeding, and no court shall transfer or otherwise decline to decide ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 112A-13 Continuances. (a) Petitions for Emergency Orders. Petitions for emergency remedies shall be granted or denied in accordance with the standards of Section 217 of the Illinois ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 112A-14 Order of protection; remedies. (a) Issuance of order. If the court finds that petitioner has been abused by a family or household member, as defined in ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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. If separate orders ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 112A-16 Accountability for Actions of Others . For the purposes of issuing an order of protection, deciding what remedies should be included and enforcing the order, Article 5 of ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 112A-17 Emergency order of protection. (a) Prerequisites. An emergency order of protection shall issue if petitioner satisfies the requirements of this subsection for one or more of ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 112A-18 30-Day interim order of protection. (a) Prerequisites. An interim order of protection shall issue if petitioner has served notice of the hearing for that order on ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 112A-19 Plenary Order of Protection . A plenary order of protection shall issue if petitioner has served notice of the hearing for that order on respondent, in accordance with ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 112A-20 Duration and extension of orders. (a) Duration of emergency and interim orders. Unless re-opened or extended or voided by entry of an order of greater duration: ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 112A-21 Contents of orders. (a) Any order of protection shall describe, in reasonable detail and not by reference to any other document, the following: (1) Each ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 112A-22 Notice of orders. (a) Entry and issuance. Upon issuance of any order of protection, the clerk shall immediately, or on the next court day if an ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 112A-22.5 Filing of an order of protection issued in another state. (a) A person entitled to protection under an order of protection issued by the court of ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 112A-22.10 Short form notification. (a) Instead of personal service of an order of protection under Section 112A-22, a sheriff, other law enforcement official, or special process server ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 112A-23 Enforcement of orders of protection. (a) When violation is crime. A violation of any order of protection, whether issued in a civil, quasi-criminal proceeding, shall be ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 112A-24 Modification and re-opening of orders. (a) Except as otherwise provided in this Section, upon motion by petitioner, the court may modify an emergency, interim, or plenary ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 112A-27 Law enforcement policies . Every law enforcement agency shall develop, adopt, and implement written policies regarding arrest procedures for domestic violence incidents consistent with the provisions of this ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 112A-28 Data maintenance by law enforcement agencies. (a) All sheriffs shall furnish to the Department of State Police, daily, in the form and detail the Department requires, ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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.) ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 113-8 Advisement concerning status as an alien . Before the acceptance of a plea of guilty, guilty but mentally ill, or nolo contendere to a misdemeanor or felony offense, ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 114-13.5 Evidence deposition; elder abuse . In a prosecution for abuse, neglect, or financial exploitation of an eligible adult as defined in the Elder Abuse and Neglect Act, the ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 114-15 Mental retardation. (a) In a first degree murder case in which the State seeks the death penalty as an appropriate sentence, any party may raise the ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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, ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 12-13 through 12-16 of the Criminal Code ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 115-7.3 Evidence in certain cases. (a) This Section applies to criminal cases in which: (1) the defendant is accused of predatory criminal sexual assault of a ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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, or a ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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, ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 115-11 In a prosecution for a criminal offense defined in Article 11 or in Section 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the "Criminal Code of 1961", where the alleged ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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) ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 115-13 In a prosecution for violation of Section 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the "Criminal Code of 1961", statements made by the victim to medical personnel for purposes ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 116-3 Motion for fingerprint or forensic testing not available at trial regarding actual innocence . (a) A defendant may make a motion before the trial court that entered ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 116-4 Preservation of evidence for forensic testing. (a) Before or after the trial in a prosecution for a violation of Section 12-13, 12-14, 12-14.1, 12-15, or 12-16 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 119-5 Execution of Death Sentence. (a)(1) A defendant sentenced to death shall be executed by an intravenous administration of a lethal quantity of an ultrashort-acting barbiturate in ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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. ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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) ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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) ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 122-2.2 Mental retardation and post-conviction relief. (a) In cases where no determination of mental retardation was made and a defendant has been convicted of first-degree murder, sentenced ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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, ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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.) ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 122-8 Different Judge to Consider . All proceedings under this Article shall be conducted and all petitions shall be considered by a judge who was not involved in the ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 124A-5 Judgment for costs of prosecution . When a person is convicted of an offense under a statute, or at common law, the court shall enter judgment that the ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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 ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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. ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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", ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 125-4 Effective date. This Code shall take effect January 1, 1964. (Source: Laws 1963, p. 2836.) ...
Illinois Code of Criminal Procedure of 1963 - 725 ILCS 5, Section 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, ...
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Last modified: April 4, 2006 |