Illinois Compiled Statutes 725 Criminal Procedure: Article I - General Provisions
Article 100. Title and Scope
Article 101. General Purposes
Article 102. General Definitions
- 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...
- 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...
- 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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,...
- 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....
- 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...
- 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...
- 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 person committed to the Department of Corrections under the supervision of a paroling authority. (Source:...
- 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...
- 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...
- 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...
- 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 102-23
"Moderately intellectually disabled person" means a person whose intelligence quotient is between 41 and 55 and who does not suffer from significant mental illness to...
Article 103. Rights of Accused
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
Article 104. Fitness for Trial, to Plead or to Be Sentenced
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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....
- 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
Article 106. Witness Immunity
Article 106b. Child and Developmentally Disabled Victims of Sexual Abuse (Source: P. A. 95-897, Eff. 1-1-09.)
Article 106c. (Repealed)
Article 106d. Closed Circuit Television Testimony
Article 106e. Task Force on Professional Practice in the Illinois Justice Systems (Repealed Internally, Eff. 12-31-00.)
Last modified: February 18, 2015