Illinois Compiled Statutes 725 Criminal Procedure: Article VI - Proceedings At Trial
Article 115. Trial
- 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...
- 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...
- 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...
- 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)...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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,...
- 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...
- 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 11-1.20 through 11-1.60...
- 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 115-7.4
Evidence in domestic violence cases. (a) In a criminal prosecution in which the defendant is accused of an offense of domestic violence as defined in...
- 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,...
- 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,...
- 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...
- 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...
- 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...
- 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...
- 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,...
- 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...
- 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 115-10.6
Hearsay exception for intentional murder of a witness. (a) A statement is not rendered inadmissible by the hearsay rule if it is offered against a...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 115-10.7
Admissibility of prior statements of an unavailable witness whose absence was wrongfully procured. (a) Legislative intent. The Illinois General Assembly finds that no party to...
- 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 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16...
- 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...
- 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 115-13
In a prosecution for violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or...
- 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,...
- 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...
- 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...
- 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...
- 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 115-17b
Administrative subpoenas. (a) Definitions. As used in this Section: "Electronic communication services" and "remote computing services" have the same meaning as provided in the Electronic...
- 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...
- 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...
- 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...
- 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...
- 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...
Article 116. Post-trial Motions
- 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...
- 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 116-2.1
Motion to vacate prostitution convictions for sex trafficking victims. (a) A motion under this Section may be filed at any time following the entry of...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 116-3
Motion for fingerprint, Integrated Ballistic Identification System, or forensic testing not available at trial or guilty plea regarding actual innocence. (a) A defendant may make...
- 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 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,...
- 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...
Article 119. Execution of Sentence
Article 121. Appeal by Defendant
Article 122. Post-conviction Hearing
- 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...
- 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...
- Illinois Code of Criminal Procedure of 1963. - 725 ILCS 5, Section 122-2.2
Intellectual disability and post-conviction relief. (a) In cases where no determination of an intellectual disability was made and a defendant has been convicted of first-degree...
- 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...
- 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...
- 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...
- 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...
- 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
(Repealed). (Source: P.A. 83-942. Repealed by P.A. 96-1200, eff. 7-22-10.)
Last modified: February 18, 2015