Chapter 725, CRIMINAL PROCEDURE

(725 ILCS 5/108A-1) (from Ch. 38, par. 108A-1) Sec. 108A-1. Authorization for use of eavesdropping device. The State's Attorney or an Assistant State's Attorney authorized by the State's Attorney may authorize an application to a circuit judge or an associate judge assigned by th…

(725 ILCS 5/108A-10) (from Ch. 38, par. 108A-10) Sec. 108A-10. Appeal by State. In addition to any other right to appeal, the State shall have the right to appeal from a denial of an application for an order of authorization or approval and the right to appeal the granting of a m…

(725 ILCS 5/108A-11) (from Ch. 38, par. 108A-11) Sec. 108A-11. Reports concerning use of eavesdropping devices. (a) In January of each year the State's Attorney of each county in which eavesdropping devices were used pursuant to the provisions of this Article shall report to the …

(725 ILCS 5/108A-2) (from Ch. 38, par. 108A-2) Sec. 108A-2. Authorized Disclosure or Use of Information. (a) Any law enforcement officer who, by any means authorized in this Article, has obtained knowledge of the contents of any conversation overheard or recorded by use of an eav…

(725 ILCS 5/108A-3) (from Ch. 38, par. 108A-3) Sec. 108A-3. Procedure for Obtaining Judicial Approval of Use of Eavesdropping Device. (a) Where any one party to a conversation to occur in the future has consented to the use of an eavesdropping device to overhear or record the con…

(725 ILCS 5/108A-4) (from Ch. 38, par. 108A-4) Sec. 108A-4. Grounds for Approval or Authorization. The judge may authorize or approve the use of the eavesdropping device where it is found that: (a) one party to the conversation has or will have consented to the use of the device;…

(725 ILCS 5/108A-5) (from Ch. 38, par. 108A-5) Sec. 108A-5. Orders Authorizing Use of an Eavesdropping Device. (a) Each order authorizing or approving the use of an eavesdropping device shall specify: (1) the identity of the person who has consented to the use of the device to mo…

(725 ILCS 5/108A-6) (from Ch. 38, par. 108A-6) Sec. 108A-6. Emergency Exception to Procedures. (a) Notwithstanding any other provisions of this Article, any investigative or law enforcement officer, upon approval of a State's Attorney, or without it if a reasonable effort has bee…

(725 ILCS 5/108A-7) (from Ch. 38, par. 108A-7) Sec. 108A-7. Retention and review of recordings. (a) The contents of any conversation overheard by any eavesdropping device shall, if possible, be recorded on tape or a comparable device. The recording of the contents of a conversati…

(725 ILCS 5/108A-8) (from Ch. 38, par. 108A-8) Sec. 108A-8. Notice to Parties Overheard. (a) Within a reasonable time, but not later than 90 days after either the filing of an application for an order of authorization or approval which is denied or not later than 90 days after th…

(725 ILCS 5/108A-9) (from Ch. 38, par. 108A-9) Sec. 108A-9. Motion to Suppress Contents of Recording, etc. (a) Any aggrieved person in any judicial or administrative proceeding may move to suppress the contents of any recorded conversation or evidence derived therefrom on the gro…

(725 ILCS 5/108B-1) (from Ch. 38, par. 108B-1) Sec. 108B-1. Definitions. For the purpose of this Article: (a) "Aggrieved person" means a person who was a party to any intercepted private communication or any person against whom the intercept was directed. (b) "Chief Judge" means,…

(725 ILCS 5/108B-1.5) Sec. 108B-1.5. Retired law enforcement officer. Nothing in this Article authorizes a retired law enforcement officer to display or use a firearm at any time. (Source: P.A. 92-863, eff. 1-3-03.)

(725 ILCS 5/108B-10) (from Ch. 38, par. 108B-10) Sec. 108B-10. Applications, orders, and custody. (a) Applications made and orders granted under this Article for the interception of private communications shall be sealed by the chief judge issuing or denying them and held in cust…

(725 ILCS 5/108B-11) (from Ch. 38, par. 108B-11) Sec. 108B-11. Inventory. (a) Within a reasonable period of time but not later than 90 days after the termination of the period of the order, or its extensions, or the date of the denial of an application made under Section 108B-8, …

(725 ILCS 5/108B-12) (from Ch. 38, par. 108B-12) Sec. 108B-12. Approval, notice, suppression. (a) If an electronic criminal surveillance officer, while intercepting a private communication in accordance with the provision of this Article, intercepts a private communication that r…

(725 ILCS 5/108B-13) (from Ch. 38, par. 108B-13) Sec. 108B-13. Reports concerning use of eavesdropping devices. (a) Within 30 days after the expiration of an order and each extension thereof authorizing an interception, or within 30 days after the denial of an application or disa…

(725 ILCS 5/108B-14) (from Ch. 38, par. 108B-14) Sec. 108B-14. Training. (a) The Director of the Illinois State Police shall: (1) Establish a course of training in the legal, practical, and technical aspects of the interception of private communications and related investigation …

(725 ILCS 5/108B-2) (from Ch. 38, par. 108B-2) Sec. 108B-2. Request for application for interception. (a) A State's Attorney may apply for an order authorizing interception of private communications in accordance with the provisions of this Article. (b) The head of a law enforcem…

(725 ILCS 5/108B-2a) (from Ch. 38, par. 108B-2a) Sec. 108B-2a. Authorized disclosure or use of information. (a) Any law enforcement officer who, by any means authorized in this Article, has obtained knowledge of the contents of any conversation overheard or recorded by use of an …

(725 ILCS 5/108B-3) (from Ch. 38, par. 108B-3) Sec. 108B-3. Authorization for the interception of private communication. (a) The State's Attorney, or a person designated in writing or by law to act for him and to perform his duties during his absence or disability, may authorize,…

(725 ILCS 5/108B-4) (from Ch. 38, par. 108B-4) Sec. 108B-4. Application for order of interception. (a) Each application for an order of authorization to intercept a private communication shall be made in writing upon oath or affirmation and shall include: (1) the authority of the…

(725 ILCS 5/108B-5) (from Ch. 38, par. 108B-5) Sec. 108B-5. Requirements for order of interception. (a) Upon consideration of an application, the chief judge may enter an ex parte order, as requested or as modified, authorizing the interception of a private communication, if the …

(725 ILCS 5/108B-6) (from Ch. 38, par. 108B-6) Sec. 108B-6. Privileged communications. Nothing in this Article shall be construed to authorize the interception, disclosure or use of information obtained from privileged communications. (Source: P.A. 85-1203.)

(725 ILCS 5/108B-7) (from Ch. 38, par. 108B-7) Sec. 108B-7. Contents of order for use of eavesdropping device. (a) Each order authorizing the interception of a private communication shall state: (1) the chief judge is authorized to issue the order; (2) the identity of, or a parti…

(725 ILCS 5/108B-7.5) Sec. 108B-7.5. Applicability. (a) The requirements of subdivisions (a)(3)(iv) and (a)(3)(v) of Section 108B-4, subdivision (1)(b) of Section 108B-5, and subdivision (a)(3) of Section 108B-7 of this Article relating to the specification of the facilities from…

(725 ILCS 5/108B-8) (from Ch. 38, par. 108B-8) Sec. 108B-8. Emergency use of eavesdropping device. (a) Whenever, upon informal application by the State's Attorney, a chief judge of competent jurisdiction determines that: (1) there may be grounds upon which an order could be issue…

(725 ILCS 5/108B-9) (from Ch. 38, par. 108B-9) Sec. 108B-9. Recordings, records and custody. (a) Any private communication intercepted in accordance with this Article shall, if practicable, be recorded by tape or other comparable method. The recording shall, if practicable, be do…

(725 ILCS 5/109-1) (from Ch. 38, par. 109-1) Sec. 109-1. Person arrested; release from law enforcement custody and court appearance; geographic constraints prevent in-person appearances. (a) A person arrested with or without a warrant for an offense for which pretrial release may…

(725 ILCS 5/109-1.1) (from Ch. 38, par. 109-1.1) Sec. 109-1.1. Whenever a person arrested either with or without a warrant is taken before a judge as provided for in Sections 107-9(d)(6) and 109-1(a), the judge shall ask the arrestee whether he or she has any children under 18 ye…

(725 ILCS 5/109-2) (from Ch. 38, par. 109-2) Sec. 109-2. Person arrested in another county. (a) Any person arrested in a county other than the one in which a warrant for his arrest was issued shall be taken without unnecessary delay before the nearest and most accessible judge in…

(725 ILCS 5/109-3) (from Ch. 38, par. 109-3) Sec. 109-3. Preliminary examination. (a) The judge shall hold the defendant to answer to the court having jurisdiction of the offense if from the evidence it appears there is probable cause to believe an offense has been committed by t…

(725 ILCS 5/109-3.1) (from Ch. 38, par. 109-3.1) Sec. 109-3.1. Persons charged with felonies. (a) In any case involving a person charged with a felony in this State, alleged to have been committed on or after January 1, 1984, the provisions of this Section shall apply. (b) Every …

(725 ILCS 5/110-1) (from Ch. 38, par. 110-1) Sec. 110-1. Definitions. As used in this Article: (a) (Blank). (b) "Sureties" encompasses the nonmonetary requirements set by the court as conditions for release either before or after conviction. (c) The phrase "for which a sentence o…

(725 ILCS 5/110-1.5) Sec. 110-1.5. Abolition of monetary bail. On and after January 1, 2023, the requirement of posting monetary bail is abolished, except as provided in the Uniform Criminal Extradition Act, the Driver License Compact, or the Nonresident Violator Compact which ar…

(725 ILCS 5/110-10) (from Ch. 38, par. 110-10) Sec. 110-10. Conditions of pretrial release. (a) If a person is released prior to conviction, the conditions of pretrial release shall be that he or she will: (1) Appear to answer the charge in the court having jurisdiction on a day …

(725 ILCS 5/110-11) (from Ch. 38, par. 110-11) Sec. 110-11. Pretrial release on a new trial. If the judgment of conviction is reversed and the cause remanded for a new trial the trial court may order that the conditions of pretrial release stand pending such trial, or modify the …

(725 ILCS 5/110-12) (from Ch. 38, par. 110-12) Sec. 110-12. Notice of change of address. A defendant who has been admitted to pretrial release shall file a written notice with the clerk of the court before which the proceeding is pending of any change in his or her address within…

(725 ILCS 5/110-14) (from Ch. 38, par. 110-14) Sec. 110-14. Credit toward fines for pretrial incarceration. (a) Any person denied pretrial release and against whom a fine is levied on conviction of the offense shall be automatically credited $30 for each day so incarcerated upon …

(725 ILCS 5/110-2) (from Ch. 38, par. 110-2) Sec. 110-2. Pretrial release. (a) All persons charged with an offense shall be eligible for pretrial release before conviction. It is presumed that a defendant is entitled to release on personal recognizance on the condition that the d…

(725 ILCS 5/110-3) (from Ch. 38, par. 110-3) Sec. 110-3. Options for warrant alternatives. (a) Upon failure to comply with any condition of pretrial release, the court having jurisdiction at the time of such failure may, on its own motion or upon motion from the State, issue a su…

(725 ILCS 5/110-5) (from Ch. 38, par. 110-5) Sec. 110-5. Determining the amount of bail and conditions of release. (a) In determining which conditions of pretrial release, if any, will reasonably ensure the appearance of a defendant as required or the safety of any other person o…

(725 ILCS 5/110-5.2) Sec. 110-5.2. Pretrial release; pregnant pre-trial detainee. (a) It is the policy of this State that a pre-trial detainee shall not be required to deliver a child while in custody absent a finding by the court that continued pre-trial custody is necessary to …

(725 ILCS 5/110-6) (from Ch. 38, par. 110-6) Sec. 110-6. Revocation of pretrial release, modification of conditions of pretrial release, and sanctions for violations of conditions of pretrial release. (a) When a defendant has previously been granted pretrial release under this Se…

(725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1) Sec. 110-6.1. Denial of pretrial release. (a) Upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release only if: (1) the defendant is charged with a felony offense other than a fo…

(725 ILCS 5/110-6.2) (from Ch. 38, par. 110-6.2) Sec. 110-6.2. Post-conviction detention. (a) The court may order that a person who has been found guilty of an offense and who is waiting imposition or execution of sentence be held without release unless the court finds by clear a…

(725 ILCS 5/110-6.4) Sec. 110-6.4. Statewide risk-assessment tool. The Supreme Court may establish a statewide risk-assessment tool to be used in proceedings to assist the court in establishing conditions of pretrial release for a defendant by assessing the defendant's likelihood…

(725 ILCS 5/110-6.6) Sec. 110-6.6. Appeals. (a) Appeals under this Article shall be governed by Supreme Court Rules. (b) If a hearing under this Article is conducted by means of two-way audio-visual communication or other electronic recording system, the audio-visual recording sh…

(725 ILCS 5/110-7.5) Sec. 110-7.5. Previously deposited bail security. (a) On or after January 1, 2023, any person having been previously released pretrial on the condition of the deposit of security shall be allowed to remain on pretrial release under the terms of their original…

(725 ILCS 5/111-1) (from Ch. 38, par. 111-1) Sec. 111-1. Methods of prosecution. (a) When authorized by law a prosecution may be commenced by: (1) A complaint; (2) An information; (3) An indictment. (b) Upon commencement of a prosecution for a violation of Section 11-501 of the I…