Illinois Compiled Statutes 725 Criminal Procedure: Article IV - Proceedings To Commence Prosecution

Article 111. Charging an Offense

• 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. Upon commencement of...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,...

Article 112. Grand Jury

• 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)...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...

Article 112a. Domestic Violence: Order of Protection

• 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...
• 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...
• 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,...
• 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;...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 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...
• Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 112A-11.2
  Notification to the Department of State Police Firearm Owner's Identification Card Office of determinations in certain misdemeanor cases. Upon judgment of conviction of a violation...
• 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...
• 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...
• 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...
• 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....
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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, 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...

Last modified: February 18, 2015