Chapter 725, CRIMINAL PROCEDURE

(725 ILCS 205/4.01) (from Ch. 38, par. 105-4.01) Sec. 4.01. "Qualified evaluator" means a reputable physician or psychologist licensed in Illinois or any other state to practice medicine or psychology, or any other licensed professional who specializes in the evaluation of sex of…

(725 ILCS 205/4.02) (from Ch. 38, par. 105-4.02) Sec. 4.02. In counties of less than 500,000 inhabitants the cost of the examination required by Section 4 is a charge against and shall be paid out of the general fund of the county in which the proceeding is brought. (Source: P.A.…

(725 ILCS 205/4.03) Sec. 4.03. Mental disorder. "Mental disorder" means a congenital or acquired condition affecting the emotional or volitional capacity that predisposes a person to engage in acts of sexual violence. (Source: P.A. 94-705, eff. 6-1-06.)

(725 ILCS 205/4.04) Sec. 4.04. Examination. "Examination" means an examination conducted in conformance with the standards developed under the Sex Offender Management Board Act and by an evaluator licensed under the Sex Offender Evaluation and Treatment Provider Act. (Source: P.A…

(725 ILCS 205/4.05) Sec. 4.05. Criminal propensities to the commission of sex offenses. For the purposes of this Act, "criminal propensities to the commission of sex offenses" means that it is substantially probable that the person subject to the commitment proceeding will engage…

(725 ILCS 205/5) (from Ch. 38, par. 105-5) Sec. 5. The respondent in any proceedings under this Act shall have the right to demand a trial by jury and to be represented by counsel. The cost of representation by counsel for an indigent respondent shall be paid by the county in whi…

(725 ILCS 205/8) (from Ch. 38, par. 105-8) Sec. 8. If the respondent is found to be a sexually dangerous person then the court shall appoint the Director of Corrections guardian of the person found to be sexually dangerous and such person shall stand committed to the custody of s…

(725 ILCS 205/9) (from Ch. 38, par. 105-9) Sec. 9. Recovery; examination and hearing. (a) An application in writing setting forth facts showing that the sexually dangerous person or criminal sexual psychopathic person has recovered may be filed before the committing court. Upon r…

(725 ILCS 5/106-1) (from Ch. 38, par. 106-1) Sec. 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 witness be released from all liability to be prosecuted or punished on acc…

(725 ILCS 5/106-2) (from Ch. 38, par. 106-2) Sec. 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 by such testimony or other evidence except for perjury committed in the giving o…

(725 ILCS 5/106-2.5) (from Ch. 38, par. 106-2.5) Sec. 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 street gang member, who testifies on behalf of a public authority in a ci…

(725 ILCS 5/106-3) (from Ch. 38, par. 106-3) Sec. 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 in accordance to law. (Source: Laws 1963, p. 2836.)…

(725 ILCS 5/106B-10) (Text of Section before amendment by P.A. 104-598) Sec. 106B-10. Conditions for testimony by a victim or witness who is under 18 years of age or an intellectually disabled person or a person affected by a developmental disability. The court may set any condit…

(725 ILCS 5/106B-5) (Text of Section from P.A. 104-159) Sec. 106B-5. Testimony by a victim who is a child or a person with a moderate, severe, or profound intellectual disability or a person affected by a developmental disability. (a) In a proceeding in the prosecution of an offe…

(725 ILCS 5/106D-1) Sec. 106D-1. Defendant's appearance by two-way audio-visual communication system. (a) Whenever the appearance in person in court, in either a civil or criminal proceeding, is required of anyone held in a place of custody or confinement operated by the State or…

(725 ILCS 5/106D-5) Sec. 106D-5. Pilot project; reporting. (a) Subject to appropriation, the Department of Human Services and the Administrative Office of the Illinois Courts shall implement a pilot project between the circuit courts in 2 counties and Department of Human Services…

(725 ILCS 5/106G-5) Sec. 106G-5. Commission on Children of Incarcerated Parents created. (a) The Commission on Children of Incarcerated Parents, hereinafter referred to as the Commission, is created within the Department of Human Services and shall reflect the diversity of the St…

(725 ILCS 5/107-1) (from Ch. 38, par. 107-1) Sec. 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 him to arrest a person. (b) A "summons" is a written order issued by…

(725 ILCS 5/107-10) (from Ch. 38, par. 107-10) Sec. 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 because of technical irregularities not affecting the substantial right…

(725 ILCS 5/107-11) (from Ch. 38, par. 107-11) Sec. 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: (1) Be in writing; (2) State the name of the person summoned and his or her addres…

(725 ILCS 5/107-12) (from Ch. 38, par. 107-12) Sec. 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 to appear. (b) The notice shall: (1) Be in writing; (2) State the name of the…

(725 ILCS 5/107-13) (from Ch. 38, par. 107-13) Sec. 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 of the offense and commanding the corporation to appear bef…

(725 ILCS 5/107-14) (from Ch. 38, par. 107-14) Sec. 107-14. Temporary questioning without arrest. (a) A peace officer, after having identified himself as a peace officer, may stop any person in a public place for a reasonable period of time when the officer reasonably infers from…

(725 ILCS 5/107-15) Sec. 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 person guilty of the felony, by the sheriff, coroner, and all other persons who is by a…

(725 ILCS 5/107-16) Sec. 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 of a sheriff, when a criminal offense or breach of the peace is committe…

(725 ILCS 5/107-2) (from Ch. 38, par. 107-2) Sec. 107-2. Arrest by peace officer. (1) A peace officer may arrest a person when: (a) He has a warrant commanding that such person be arrested; or (b) He has reasonable grounds to believe that a warrant for the person's arrest has bee…

(725 ILCS 5/107-3) (from Ch. 38, par. 107-3) Sec. 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 committed. (Source: Laws 1963, p. 2836.)

(725 ILCS 5/107-4) (from Ch. 38, par. 107-4) Sec. 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 of Columbia. (2) "Peace Officer" means any peace officer or member of any duly …

(725 ILCS 5/107-5) (from Ch. 38, par. 107-5) Sec. 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 be made on any day and at any time of the day or night. (c) An arrest may be made anywhere with…

(725 ILCS 5/107-6) (from Ch. 38, par. 107-6) Sec. 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 appear before a court when the officer is satisfied that there are n…

(725 ILCS 5/107-7) (from Ch. 38, par. 107-7) Sec. 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 election, and in going to and returning from the same. (b) Sen…

(725 ILCS 5/107-8) (from Ch. 38, par. 107-8) Sec. 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 to aid a peace officer shall have the same authority to arrest as that peace off…

(725 ILCS 5/107-9) (from Ch. 38, par. 107-9) Sec. 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 oath or affirmation the complainant or any witnesses. (b) The compla…

(725 ILCS 5/107A-0.1) Sec. 107A-0.1. Definitions. For the purposes of this Article: "Eyewitness" means a person viewing the lineup whose identification by sight of another person may be relevant in a criminal proceeding. "Filler" means a person or a photograph of a person who is …

(725 ILCS 5/107A-2) Sec. 107A-2. Lineup procedure. (a) All lineups shall be conducted using one of the following methods: (1) An independent administrator, unless it is not practical. (2) An automated computer program or other device that can automatically display a photo lineup …

(725 ILCS 5/108-1) (from Ch. 38, par. 108-1) Sec. 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 presence for the purpose of: (a) protecting the officer from…

(725 ILCS 5/108-1.01) (from Ch. 38, par. 108-1.01) Sec. 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 he or another is in danger of attack, he…

(725 ILCS 5/108-10) (from Ch. 38, par. 108-10) Sec. 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 warrant or before any judge named in the warrant or before any…

(725 ILCS 5/108-11) (from Ch. 38, par. 108-11) Sec. 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. (Source: P.A. 83-334.)

(725 ILCS 5/108-12) (from Ch. 38, par. 108-12) Sec. 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, or is evidence of a violation of, Section 11-20 of the Criminal Code…

(725 ILCS 5/108-13) (from Ch. 38, par. 108-13) Sec. 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.)

(725 ILCS 5/108-14) (from Ch. 38, par. 108-14) Sec. 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: Laws 1963, p. 2836.)

(725 ILCS 5/108-2) (from Ch. 38, par. 108-2) Sec. 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 arrested and a copy thereof delivered to the judge before whom th…

(725 ILCS 5/108-3) (from Ch. 38, par. 108-3) Sec. 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 to show probable cause and which particularly describes …

(725 ILCS 5/108-4) (from Ch. 38, par. 108-4) Sec. 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 the same and not the warrants of the court in which he or she is then si…

(725 ILCS 5/108-5) (from Ch. 38, par. 108-5) Sec. 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. However, the judge may direct the warrant to be executed by any…

(725 ILCS 5/108-6) (from Ch. 38, par. 108-6) Sec. 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 be left with any person from whom any instruments, articles or thing…

(725 ILCS 5/108-7) (from Ch. 38, par. 108-7) Sec. 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 and to seize the instruments, articles or things particularly …

(725 ILCS 5/108-8) (from Ch. 38, par. 108-8) Sec. 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 or part thereof to execute a search warrant. (b) The court issuing a warrant m…

(725 ILCS 5/108-9) (from Ch. 38, par. 108-9) Sec. 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 the place at the time: (a) To protect himself from attack, or (b) To p…