Chapter 725 — CRIMINAL PROCEDURE

(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 5/110-13) (from Ch. 38, par. 110-13) Sec. 110-13. (Repealed). (Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23)

(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 5/110-15) (from Ch. 38, par. 110-15) Sec. 110-15. (Repealed). (Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.)

(725 ILCS 5/110-16) (from Ch. 38, par. 110-16) Sec. 110-16. (Repealed). (Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.)

(725 ILCS 5/110-17) (from Ch. 38, par. 110-17) Sec. 110-17. (Repealed). (Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.)

(725 ILCS 5/110-18) (from Ch. 38, par. 110-18) Sec. 110-18. (Repealed). (Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.)

(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 5/110-4) Sec. 110-4. (Repealed). (Source: P.A. 101-652, eff. 1-1-23. Repealed by P.A. 102-1104, eff. 1-1-23.)

(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 5/110-5.1) Sec. 110-5.1. (Repealed). (Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.)

(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 5/110-6.3) (from Ch. 38, par. 110-6.3) Sec. 110-6.3. (Repealed). (Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.)

(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 5/110-6.5) Sec. 110-6.5. (Repealed). (Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.)

(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) (from Ch. 38, par. 110-7) Sec. 110-7. (Repealed). (Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.)

(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 5/110-8) (from Ch. 38, par. 110-8) Sec. 110-8. (Repealed). (Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.)

(725 ILCS 5/110-9) (from Ch. 38, par. 110-9) Sec. 110-9. (Repealed). (Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.)

(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…

(725 ILCS 5/111-2) (from Ch. 38, par. 111-2) Sec. 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 hearing has been held or waived in accordance with S…

(725 ILCS 5/111-3) (from Ch. 38, par. 111-3) Sec. 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; (2) Citing the statutory provision alleged to have been violated; (3) Setting forth the natur…

(725 ILCS 5/111-4) Sec. 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 each offense if the offenses charged, whether felonies or misdemeanors or both, are based on the sam…

(725 ILCS 5/111-5) (from Ch. 38, par. 111-5) Sec. 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 Code shall not be dismissed and may be amended on motion by the State's…

(725 ILCS 5/111-6) (from Ch. 38, par. 111-6) Sec. 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 fails to specify the particulars of the offense sufficiently to enable…

(725 ILCS 5/111-7) (from Ch. 38, par. 111-7) Sec. 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 illegible or cannot be produced at the arraignment or trial the defendant may be a…

(725 ILCS 5/111-8) (from Ch. 38, par. 111-8) Sec. 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, 11-14.3 that involves soliciting for a person eng…

(725 ILCS 5/111-9) Sec. 111-9. Notification to forensic laboratories. Unless the Supreme Court shall by Rule provide otherwise, upon disposition, withdrawal, or dismissal of any charge, the State's Attorney shall promptly notify the forensic laboratory or laboratories in possessi…

(725 ILCS 5/112-1) (from Ch. 38, par. 112-1) Sec. 112-1. Selection and qualification. The grand jurors shall be summoned, drawn, qualified and certified according to law. (Source: Laws 1963, p. 2836.)

(725 ILCS 5/112-2) (from Ch. 38, par. 112-2) Sec. 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) The Grand Jury shall be impaneled, sworn and instructed as to its duties by the court. The…

(725 ILCS 5/112-3) (from Ch. 38, par. 112-3) Sec. 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 shall commence the performance of its duties for an indeterminate period, on the firs…

(725 ILCS 5/112-4) (from Ch. 38, par. 112-4) Sec. 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 has the right to subpoena and question any person against whom the State's Attorne…

(725 ILCS 5/112-4.1) (from Ch. 38, par. 112-4.1) Sec. 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 shall not participate in any other way. (Source: P.A. 81-1112.)

(725 ILCS 5/112-5) (from Ch. 38, par. 112-5) Sec. 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 by Rule of the Supreme Court. (b) The court may appoint an investigator or investigators on peti…

(725 ILCS 5/112-6) (from Ch. 38, par. 112-6) Sec. 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 sessions of the Grand Jury. Only the grand jurors shall be present during the delibe…

(725 ILCS 5/112-7) (from Ch. 38, par. 112-7) Sec. 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.)

(725 ILCS 5/112-8) Sec. 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 defendant, and the fact of the destruction or withholding is alleged in the indictment and established on t…

(725 ILCS 5/112A-1) (from Ch. 38, par. 112A-1) Sec. 112A-1. (Repealed). (Source: P.A. 84-1305. Repealed by P.A. 100-199, eff. 1-1-18.)