Chapter 725 — CRIMINAL PROCEDURE

(725 ILCS 5/100-1) (from Ch. 38, par. 100-1) Sec. 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.)

(725 ILCS 5/100-2) (from Ch. 38, par. 100-2) Sec. 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 by law. (Source: Laws 1963, p. 2836.)

(725 ILCS 5/101-1) (from Ch. 38, par. 101-1) Sec. 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) Ensure fairness of administration including the elimination of unj…

(725 ILCS 5/102-1) (from Ch. 38, par. 102-1) Sec. 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, except when a particular context clearly requires a different meani…

(725 ILCS 5/102-10) (from Ch. 38, par. 102-10) Sec. 102-10. "Court". "Court" means a place where justice is judicially administered and includes a judge thereof. (Source: P.A. 77-1286.)

(725 ILCS 5/102-10.5) Sec. 102-10.5. "Felony". "Felony" has the meaning provided in Section 2-7 of the Criminal Code of 2012. (Source: P.A. 102-1104, eff. 1-1-23.)

(725 ILCS 5/102-11) (from Ch. 38, par. 102-11) Sec. 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. 2836.)

(725 ILCS 5/102-12) (from Ch. 38, par. 102-12) Sec. 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: Laws 1963, p. 2836.)

(725 ILCS 5/102-13) (from Ch. 38, par. 102-13) Sec. 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 requires. (Source: P.A. 77-1286.)

(725 ILCS 5/102-14) (from Ch. 38, par. 102-14) Sec. 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 it includes the sentence pronounced by the court. (Source: Laws…

(725 ILCS 5/102-14.5) Sec. 102-14.5. "Misdemeanor". "Misdemeanor" has the meaning provided in Section 2-11 of the Criminal Code of 2012. (Source: P.A. 102-1104, eff. 1-1-23.)

(725 ILCS 5/102-15) (from Ch. 38, par. 102-15) Sec. 102-15. "Offense". "Offense" means a violation of any penal statute of this State. (Source: P.A. 76-1796.)

(725 ILCS 5/102-16) (from Ch. 38, par. 102-16) Sec. 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: P.A. 98-558, eff. 1-1-14.)

(725 ILCS 5/102-17) (from Ch. 38, par. 102-17) Sec. 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 offense. (Source: Laws 1963, p. 2836.)

(725 ILCS 5/102-18) (from Ch. 38, par. 102-18) Sec. 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.)

(725 ILCS 5/102-19) (from Ch. 38, par. 102-19) Sec. 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 therein and which may provide for the forfeiture of …

(725 ILCS 5/102-2) (from Ch. 38, par. 102-2) Sec. 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 of the Criminal Code of 2012 shall have the meaning therein described, except w…

(725 ILCS 5/102-20) (from Ch. 38, par. 102-20) Sec. 102-20. "Sentence". "Sentence" is the disposition imposed on the defendant by the court. (Source: P.A. 77-2476.)

(725 ILCS 5/102-21) (from Ch. 38, par. 102-21) Sec. 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 as d…

(725 ILCS 5/102-22) Sec. 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 supervisor of a program of treatment or habilitation or his or her designee. "Des…

(725 ILCS 5/102-23) Sec. 102-23. "Person with a moderate intellectual disability" means a person whose intelligence quotient is between 41 and 55 and who does not suffer from significant mental illness to the extent that the person's ability to exercise rational judgment is impai…

(725 ILCS 5/102-3) (from Ch. 38, par. 102-3) Sec. 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 a different meaning. (Source: Laws 1963, p…

(725 ILCS 5/102-3.5) Sec. 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 of 1987, under the supervision of the Department of Juvenile Justice. (…

(725 ILCS 5/102-4) (from Ch. 38, par. 102-4) Sec. 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 whether he is guilty or not guilty. (Source: Laws 1963, p. 28…

(725 ILCS 5/102-5) (from Ch. 38, par. 102-5) Sec. 102-5. "Arrest". "Arrest" means the taking of a person into custody. (Source: Laws 1963, p. 2836.)

(725 ILCS 5/102-6) (from Ch. 38, par. 102-6) Sec. 102-6. Pretrial release. "Pretrial release" has the meaning ascribed to bail in Section 9 of Article I of the Illinois Constitution where the sureties provided are nonmonetary in nature. (Source: P.A. 101-652, eff. 1-1-23; 102-110…

(725 ILCS 5/102-7) (from Ch. 38, par. 102-7) Sec. 102-7. Conditions of pretrial release. "Conditions of pretrial release" means the requirements imposed upon a criminal defendant by the court under Section 110-5. (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)

(725 ILCS 5/102-7.1) Sec. 102-7.1. "Category A offense". "Category A offense" means a Class 1 felony, Class 2 felony, Class X felony, first degree murder, a violation of Section 11-204 of the Illinois Vehicle Code, a second or subsequent violation of Section 11-501 of the Illinoi…

(725 ILCS 5/102-7.2) Sec. 102-7.2. "Category B offense". "Category B offense" means a business offense, petty offense, Class C misdemeanor, Class B misdemeanor, Class A misdemeanor, Class 3 felony, or Class 4 felony, which is not specified in Category A. (Source: P.A. 100-1, eff.…

(725 ILCS 5/102-8) (from Ch. 38, par. 102-8) Sec. 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. (Source: Laws 1963, p. 2836.)

(725 ILCS 5/102-9) (from Ch. 38, par. 102-9) Sec. 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. (Source: Laws 1963, p. 2836.)

(725 ILCS 5/103-1) (from Ch. 38, par. 103-1) Sec. 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 arrest and the nature of the offense specified in the warrant. (b) Afte…

(725 ILCS 5/103-2) (from Ch. 38, par. 103-2) Sec. 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 kind shall be used to obtain a statement, admission or confession from any person …

(725 ILCS 5/103-2.1) Sec. 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 would consider himself or herself to be in custody and (ii) during whic…

(725 ILCS 5/103-2.2) Sec. 103-2.2. Prohibition of deceptive tactics. (a) In this Section: "Custodial interrogation" means any interrogation during which (i) a reasonable person in the subject's position would consider himself or herself to be in custody and (ii) during which a qu…

(725 ILCS 5/103-3) Sec. 103-3. (Repealed). (Source: P.A. 102-28, eff. 6-25-21. Repealed by P.A. 102-694, eff. 1-7-22.)

(725 ILCS 5/103-3.5) Sec. 103-3.5. Right to communicate with attorney and family; transfers; presumption of inadmissibility. (a) Persons who are in police custody shall have the right to communicate free of charge with an attorney of his or her choice and members of his or her fa…

(725 ILCS 5/103-4) (from Ch. 38, par. 103-4) Sec. 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 with an offense shall, except in cases of imminent danger of esc…

(725 ILCS 5/103-5) (from Ch. 38, par. 103-5) Sec. 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 the date he or she was taken into custody unless delay is occasioned by th…

(725 ILCS 5/103-6) (from Ch. 38, par. 103-6) Sec. 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 or (ii) the offense is an ordinance violation punishable by fine …

(725 ILCS 5/103-7) (from Ch. 38, par. 103-7) Sec. 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 under arrest are held in custody pending investigation, pretrial release …

(725 ILCS 5/103-8) (from Ch. 38, par. 103-8) Sec. 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 to perform any act required of him by this Article shall …

(725 ILCS 5/103-9) (from Ch. 38, par. 103-9) Sec. 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 bond posted in some other state or conditions of pretrial release. The…

(725 ILCS 5/104-10) (from Ch. 38, par. 104-10) Sec. 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 of his mental or physical condition, he is unable to understand …

(725 ILCS 5/104-11) (from Ch. 38, par. 104-11) Sec. 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 State or the Court at any appropriate time before a plea is ente…

(725 ILCS 5/104-12) (from Ch. 38, par. 104-12) Sec. 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 State may demand a jury or the court on its own motion may order a jury. However,…

(725 ILCS 5/104-13) (from Ch. 38, par. 104-13) Sec. 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 licensed physicians, clinical psychologists, or psychiatr…

(725 ILCS 5/104-14) (from Ch. 38, par. 104-14) Sec. 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 Section 104-13, 104-17 or 104-20 shall no…

(725 ILCS 5/104-15) (from Ch. 38, par. 104-15) Sec. 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 the court, the State, and the defense within 30 days of th…

(725 ILCS 5/104-16) (from Ch. 38, par. 104-16) Sec. 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 of the person or persons conducting the examination or upon …