Chapter 725, CRIMINAL PROCEDURE

(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-1.5) Sec. 112A-1.5. Purpose and construction. The purpose of this Article is to protect the safety of victims of domestic violence, sexual assault, sexual abuse, and stalking and the safety of their family and household members; and to minimize the trauma and inc…

(725 ILCS 5/112A-11.1) Sec. 112A-11.1. Procedure for determining whether certain misdemeanor crimes are crimes of domestic violence for purposes of federal law. (a) When a defendant has been charged with a violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the Cr…

(725 ILCS 5/112A-11.2) Sec. 112A-11.2. Notification to the Illinois State Police Firearm Owner's Identification Card Office of determinations in certain misdemeanor cases. Upon judgment of conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the Cri…

(725 ILCS 5/112A-11.5) Sec. 112A-11.5. Issuance of protective order. (a) Except as provided in subsection (a-5) of this Section, the court shall grant the petition and enter a protective order if the court finds prima facie evidence that a crime involving domestic violence, a sex…

(725 ILCS 5/112A-12) (from Ch. 38, par. 112A-12) Sec. 112A-12. Transfer of issues not decided in cases involving domestic violence. (a) (Blank). (a-5) A petition for a domestic violence order of protection shall be treated as an expedited proceeding, and no court shall transfer o…

(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14) (Text of Section from P.A. 103-1065) Sec. 112A-14. Domestic violence order of protection; remedies. (a) (Blank). (b) The court may order any of the remedies listed in this subsection (b). The remedies listed in this subsection (b) …

(725 ILCS 5/112A-14.5) Sec. 112A-14.5. Civil no contact order; remedies. (a) The court may order any of the remedies listed in this Section. The remedies listed in this Section shall be in addition to other civil or criminal remedies available to petitioner: (1) prohibit the resp…

(725 ILCS 5/112A-14.7) Sec. 112A-14.7. Stalking no contact order; remedies. (a) The court may order any of the remedies listed in this Section. The remedies listed in this Section shall be in addition to other civil or criminal remedies available to petitioner. A stalking no cont…

(725 ILCS 5/112A-15) (from Ch. 38, par. 112A-15) Sec. 112A-15. Mutual orders of protection; correlative separate orders. Mutual orders of protection are prohibited. Correlative separate orders of protection undermine the purposes of this Article and are prohibited. Nothing in thi…

(725 ILCS 5/112A-16) (from Ch. 38, par. 112A-16) Sec. 112A-16. Accountability for actions of others. For the purposes of issuing a domestic violence order of protection, deciding what remedies should be included and enforcing the order, Article 5 of the Criminal Code of 2012 shal…

(725 ILCS 5/112A-17.5) Sec. 112A-17.5. Ex parte protective orders. (a) The petitioner may request expedited consideration of the petition for an ex parte protective order. The court shall consider the request on an expedited basis without requiring the respondent's presence or re…

(725 ILCS 5/112A-2.5) Sec. 112A-2.5. Types of protective orders. The following protective orders may be entered in conjunction with a delinquency petition or a criminal prosecution: (1) a domestic violence order of protection in cases involving domestic violence; (2) a civil no c…

(725 ILCS 5/112A-20) (from Ch. 38, par. 112A-20) Sec. 112A-20. Duration and extension of final protective orders. (a) (Blank). (b) A final protective order shall remain in effect as follows: (1) if entered during pre-trial release, until disposition, withdrawal, or dismissal of t…

(725 ILCS 5/112A-21) (from Ch. 38, par. 112A-21) Sec. 112A-21. Contents of orders. (a) Any domestic violence order of protection shall describe, in reasonable detail and not by reference to any other document, the following: (1) Each remedy granted by the court, in reasonable det…

(725 ILCS 5/112A-21.5) Sec. 112A-21.5. Contents of civil no contact orders. (a) Any civil no contact order shall describe each remedy granted by the court, in reasonable detail and not by reference to any other document, so that the respondent may clearly understand what he or sh…

(725 ILCS 5/112A-21.7) Sec. 112A-21.7. Contents of stalking no contact orders. (a) Any stalking no contact order shall describe each remedy granted by the court, in reasonable detail and not by reference to any other document, so that the respondent may clearly understand what he…

(725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22) Sec. 112A-22. Notice of orders. (a) Entry and issuance. Upon issuance of any protective order, the clerk shall immediately, or on the next court day if an ex parte order is issued under subsection (e) of Section 112A-17.5 of this C…

(725 ILCS 5/112A-22.1) Sec. 112A-22.1. Short form notification. (a) Instead of personal service of a protective order under Section 112A-22 of this Code, a sheriff, other law enforcement official, special process server, or personnel assigned by the Department of Corrections or D…

(725 ILCS 5/112A-22.3) Sec. 112A-22.3. Withdrawal or dismissal of charges or petition. (a) Voluntary dismissal or withdrawal of any delinquency petition or criminal prosecution or a finding of not guilty shall not require dismissal or vacation of the protective order; instead, at…

(725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23) (Text of Section before amendment by P.A. 104-835) Sec. 112A-23. Enforcement of protective orders. (a) When violation is crime. A violation of any protective order, whether issued in a civil, quasi-criminal proceeding or by a milit…

(725 ILCS 5/112A-24) (from Ch. 38, par. 112A-24) Sec. 112A-24. Modification, re-opening, and extension of orders. (a) Except as otherwise provided in this Section, upon motion by petitioner, petitioner's counsel, or the State's Attorney on behalf of the petitioner, the court may …

(725 ILCS 5/112A-25) (from Ch. 38, par. 112A-25) Sec. 112A-25. Immunity from prosecution. Any individual or organization acting in good faith to report the abuse of any person 60 years of age or older or to do any of the following in complying with the provisions of this Article …

(725 ILCS 5/112A-26) (from Ch. 38, par. 112A-26) Sec. 112A-26. Arrest without warrant. (a) Any law enforcement officer may make an arrest without warrant if the officer has probable cause to believe that the person has committed or is committing any crime, including but not limit…

(725 ILCS 5/112A-27) (from Ch. 38, par. 112A-27) Sec. 112A-27. Law enforcement policies. (a) Every law enforcement agency shall develop, adopt, and implement written policies regarding arrest procedures for domestic violence incidents consistent with the provisions of this Articl…

(725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28) Sec. 112A-28. Data maintenance by law enforcement agencies. (a) All sheriffs shall furnish to the Illinois State Police, daily, in the form and detail the Illinois State Police requires, copies of any recorded protective orders iss…

(725 ILCS 5/112A-29) (from Ch. 38, par. 112A-29) Sec. 112A-29. Reports by law enforcement officers. (a) Every law enforcement officer investigating an alleged incident of abuse between family or household members shall make a written police report of any bona fide allegation and …

(725 ILCS 5/112A-3) (from Ch. 38, par. 112A-3) (Text of Section before amendment by P.A. 104-754) Sec. 112A-3. Definitions. (a) In this Article: "Advocate" means a person whose communications with the victim are privileged under Section 8-802.1 or 8-802.2 of the Code of Civil Pro…

(725 ILCS 5/112A-30) (from Ch. 38, par. 112A-30) Sec. 112A-30. Assistance by law enforcement officers. (a) Whenever a law enforcement officer has reason to believe that a person has been abused by a family or household member, the officer shall immediately use all reasonable mean…

(725 ILCS 5/112A-31) (from Ch. 38, par. 112A-31) Sec. 112A-31. Limited law enforcement liability. Any act of omission or commission by any law enforcement officer acting in good faith in rendering emergency assistance or otherwise enforcing this Article shall not impose civil lia…

(725 ILCS 5/112A-4) (from Ch. 38, par. 112A-4) Sec. 112A-4. Persons protected by this Article. (a) The following persons are protected by this Article in cases involving domestic violence: (1) any person abused by a family or household member; (2) any minor child or dependent adu…

(725 ILCS 5/112A-4.5) Sec. 112A-4.5. Who may file petition. (a) A petition for a domestic violence order of protection may be filed: (1) by a named victim who has been abused by a family or household member; (2) by any person or by the State's Attorney on behalf of a named victim…

(725 ILCS 5/112A-5) (from Ch. 38, par. 112A-5) Sec. 112A-5. Pleading; non-disclosure of address. (a) A petition for a protective order shall be filed in conjunction with a delinquency petition or criminal prosecution, or in conjunction with imprisonment or a bond forfeiture warra…

(725 ILCS 5/112A-5.5) (Text of Section from P.A. 103-154) Sec. 112A-5.5. Time for filing petition; service on respondent, hearing on petition, and default orders. (a) A petition for a protective order may be filed at any time, in person or online, after a criminal charge or delin…