Chapter 725 — CRIMINAL PROCEDURE

(725 ILCS 5/113-3.1) (from Ch. 38, par. 113-3.1) Sec. 113-3.1. Payment for court-appointed counsel. (a) Whenever under either Section 113-3 of this Code or Rule 607 of the Illinois Supreme Court the court appoints counsel to represent a defendant, the court may order the defendan…

(725 ILCS 5/113-4) (from Ch. 38, par. 113-4) Sec. 113-4. Plea. (a) When called upon to plead at arraignment the defendant shall be furnished with a copy of the charge and shall plead guilty, guilty but mentally ill, or not guilty. (b) If the defendant stands mute a plea of not gu…

(725 ILCS 5/113-4.1) (from Ch. 38, par. 113-4.1) Sec. 113-4.1. Plea of nolo contendere. A defendant who is charged with a violation of the Illinois Income Tax Act may plead not guilty, guilty or, with the consent of the court, nolo contendere. The court may refuse to accept a ple…

(725 ILCS 5/113-5) (from Ch. 38, par. 113-5) Sec. 113-5. Plea and Waiver of Jury by Person under 18. No person under the age of 18 years shall be permitted to plead guilty, guilty but mentally ill or waive trial by jury in any case except where the penalty is by fine only unless …

(725 ILCS 5/113-6) (from Ch. 38, par. 113-6) Sec. 113-6. Effect of failure to arraign and irregularity of arraignment. Neither a failure to arraign nor an irregularity in the arraignment shall effect the validity of any proceeding in the cause if the defendant pleads to the charg…

(725 ILCS 5/113-8) Sec. 113-8. Advisement concerning status as a noncitizen. (a) Before the acceptance of a plea of guilty, guilty but mentally ill, or nolo contendere to a misdemeanor or felony offense, the court shall give the following advisement to the defendant in open court…

(725 ILCS 5/114-1) (from Ch. 38, par. 114-1) Sec. 114-1. Motion to dismiss charge. (a) Upon the written motion of the defendant made prior to trial before or after a plea has been entered the court may dismiss the indictment, information or complaint upon any of the following gro…

(725 ILCS 5/114-10) (from Ch. 38, par. 114-10) Sec. 114-10. Motion to produce confession. (a) On motion of a defendant in any criminal case made prior to trial the court shall order the State to furnish the defendant with a copy of any written confession made to any law enforceme…

(725 ILCS 5/114-11) (from Ch. 38, par. 114-11) Sec. 114-11. Motion to Suppress Confession. (a) Prior to the trial of any criminal case a defendant may move to suppress as evidence any confession given by him on the ground that it was not voluntary. (b) The motion shall be in writ…

(725 ILCS 5/114-12) (from Ch. 38, par. 114-12) Sec. 114-12. Motion to Suppress Evidence Illegally Seized. (a) A defendant aggrieved by an unlawful search and seizure may move the court for the return of property and to suppress as evidence anything so obtained on the ground that:…

(725 ILCS 5/114-13) (from Ch. 38, par. 114-13) Sec. 114-13. Discovery in criminal cases. (a) Discovery procedures in criminal cases shall be in accordance with Supreme Court Rules. (b) Any public investigative, law enforcement, or other public agency responsible for investigating…

(725 ILCS 5/114-13.5) Sec. 114-13.5. Evidence deposition; elder abuse. In a prosecution for abuse, neglect, or financial exploitation of an eligible adult as defined in the Adult Protective Services Act, the eligible adult may give testimony in the form of an evidence deposition …

(725 ILCS 5/114-15) Sec. 114-15. (Repealed). (Source: P.A. 99-143, eff. 7-27-15. Repealed by P.A. 103-51, eff. 1-1-24.)

(725 ILCS 5/114-2) (from Ch. 38, par. 114-2) Sec. 114-2. Motion for a bill of particulars. (a) A written motion for a bill of particulars shall be filed before or within a reasonable time after arraignment and shall specify the particulars of the offense necessary to enable the d…

(725 ILCS 5/114-3) (from Ch. 38, par. 114-3) Sec. 114-3. Motion to discharge jury panel. (a) Any objection to the manner in which a jury panel has been selected or drawn shall be raised by a motion to discharge the jury panel prior to the voir dire examination. For good cause sho…

(725 ILCS 5/114-4) (from Ch. 38, par. 114-4) Sec. 114-4. Motion for continuance. (a) The defendant or the State may move for a continuance. If the motion is made more than 30 days after arraignment the court shall require that it be in writing and supported by affidavit. (b) A wr…

(725 ILCS 5/114-5) (from Ch. 38, par. 114-5) Sec. 114-5. Substitution of judge. (a) Within 10 days after a cause involving only one defendant has been placed on the trial call of a judge the defendant may move the court in writing for a substitution of that judge on the ground th…

(725 ILCS 5/114-6) (from Ch. 38, par. 114-6) Sec. 114-6. Change of place of trial.) (a) A defendant may move the court for a change of place of trial on the ground that there exists in the county in which the charge is pending such prejudice against him on the part of the inhabit…

(725 ILCS 5/114-7) (from Ch. 38, par. 114-7) Sec. 114-7. Joinder of related prosecutions. The court may order 2 or more charges to be tried together if the offenses and the defendants could have been joined in a single charge. The procedure shall be the same as if the prosecution…

(725 ILCS 5/114-8) (from Ch. 38, par. 114-8) Sec. 114-8. Motion for severance. (a) If it appears that a defendant or the State is prejudiced by a joinder of related prosecutions or defendants in a single charge or by joinder of separate charges or defendants for trial the court m…

(725 ILCS 5/114-9) (from Ch. 38, par. 114-9) Sec. 114-9. Motion for a list of witnesses. (a) On motion of the defendant the court shall order the State to furnish the defense with a list of prosecution witnesses and their last known addresses, except the home address of any peace…

(725 ILCS 5/115-1) (from Ch. 38, par. 115-1) Sec. 115-1. Method of Trial. All prosecutions except on a plea of guilty or guilty but mentally ill shall be tried by the court and a jury unless the defendant waives a jury trial in writing. (Source: P.A. 87-410.)

(725 ILCS 5/115-1.5) Sec. 115-1.5. Waiver of counsel by persons under 17 years of age prohibited. A person under 17 years of age may not waive the right to the assistance of counsel in his or her defense in any judicial proceeding. This Section does not apply to a minor charged w…

(725 ILCS 5/115-10) (from Ch. 38, par. 115-10) Sec. 115-10. Certain hearsay exceptions. (a) In a prosecution for a physical or sexual act perpetrated upon or against a child under the age of 13, a person with an intellectual disability, a person with a cognitive impairment, or a …

(725 ILCS 5/115-10.1) (from Ch. 38, par. 115-10.1) Sec. 115-10.1. Admissibility of Prior Inconsistent Statements. In all criminal cases, evidence of a statement made by a witness is not made inadmissible by the hearsay rule if (a) the statement is inconsistent with his testimony …

(725 ILCS 5/115-10.2) Sec. 115-10.2. Admissibility of prior statements when witness refused to testify despite a court order to testify. (a) A statement not specifically covered by any other hearsay exception but having equivalent circumstantial guarantees of trustworthiness, is …

(725 ILCS 5/115-10.2a) Sec. 115-10.2a. Admissibility of prior statements in domestic violence prosecutions when the witness is unavailable to testify. (a) In a domestic violence prosecution, a statement, made by an individual identified in Section 201 of the Illinois Domestic Vio…

(725 ILCS 5/115-10.3) Sec. 115-10.3. Hearsay exception regarding elder adults. (a) In a prosecution for a physical act, abuse, neglect, or financial exploitation perpetrated upon or against an eligible adult, as defined in the Adult Protective Services Act, who has been diagnosed…

(725 ILCS 5/115-10.4) Sec. 115-10.4. Admissibility of prior statements when witness is deceased. (a) A statement not specifically covered by any other hearsay exception but having equivalent circumstantial guarantees of trustworthiness is not excluded by the hearsay rule if the d…

(725 ILCS 5/115-10.5) Sec. 115-10.5. Hearsay exception regarding safe zone testimony. (a) In any prosecution for any offense charged as a violation of Section 407 of the Illinois Controlled Substances Act, Section 55 of the Methamphetamine Control and Community Protection Act, or…

(725 ILCS 5/115-10.5a) Sec. 115-10.5a. Admissibility of evidence concerning gang databases. (a) In this Section, "gang database", "gang member", and "shared gang database" have the same meanings ascribed to those terms as in Section 5 of the Law Enforcement Gang Database Informat…

(725 ILCS 5/115-10.6) Sec. 115-10.6. (Repealed). (Source: P.A. 97-1150, eff. 1-25-13. Repealed by P.A. 99-243, eff. 8-3-15.)

(725 ILCS 5/115-10.7) Sec. 115-10.7. (Repealed). (Source: P.A. 96-377, eff. 8-11-09. Repealed by P.A. 99-243, eff. 8-3-15.)

(725 ILCS 5/115-11) (from Ch. 38, par. 115-11) Sec. 115-11. In a prosecution for a criminal offense defined in Article 11 or in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012, w…

(725 ILCS 5/115-11.1) (from Ch. 38, par. 115-11.1) Sec. 115-11.1. Use of "Rape". The use of the word "rape", "rapist", or any derivative of "rape" by any victim, witness, State's Attorney, defense attorney, judge or other court personnel in any prosecutions of offenses in Section…

(725 ILCS 5/115-12) (from Ch. 38, par. 115-12) Sec. 115-12. Substantive Admissibility of Prior Identification. A statement is not rendered inadmissible by the hearsay rule if (a) the declarant testifies at the trial or hearing, and (b) the declarant is subject to cross-examinatio…

(725 ILCS 5/115-13) (from Ch. 38, par. 115-13) Sec. 115-13. In a prosecution for violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012, statements made by the victim to med…

(725 ILCS 5/115-14) (from Ch. 38, par. 115-14) Sec. 115-14. Witness Competency. (a) Every person, irrespective of age, is qualified to be a witness and no person is disqualified to testify to any matter, except as provided in subsection (b). (b) A person is disqualified to be a w…

(725 ILCS 5/115-15) Sec. 115-15. Laboratory reports. (a) In any criminal prosecution for a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, a laboratory report from the Illinois State Polic…

(725 ILCS 5/115-16) Sec. 115-16. Witness disqualification. No person shall be disqualified as a witness in a criminal case or proceeding by reason of his or her interest in the event of the case or proceeding, as a party or otherwise, or by reason of his or her having been convic…

(725 ILCS 5/115-17) Sec. 115-17. Clerk; issuance of subpoenas. It is the duty of the clerk of the court to issue subpoenas, either on the part of the people or of the accused, directed to the sheriff or coroner of any county of this State. An attorney admitted to practice in the …

(725 ILCS 5/115-17a) Sec. 115-17a. Subpoenas to crime victims. In a post conviction proceeding, before the crime victim may be subpoenaed by the defendant, the defendant must first petition the court and give notice to the victim. At the hearing on the petition, the victim shall …

(725 ILCS 5/115-17b) Sec. 115-17b. Administrative subpoenas. (a) Definitions. As used in this Section: "Electronic communication services" and "remote computing services" have the same meaning as provided in the Electronic Communications Privacy Act in Chapter 121 (commencing wit…

(725 ILCS 5/115-18) Sec. 115-18. Employee protected. No employer shall discharge or terminate, or threaten to discharge or terminate, from his or her employment, or otherwise punish or penalize his or her employee who is a witness to a crime, because of time lost from regular emp…

(725 ILCS 5/115-19) Sec. 115-19. Polygraph. In the course of a criminal trial the court shall not require, request, or suggest that the defendant submit to a polygraphic detection deception test, commonly known as a lie detector test, to questioning under the effect of thiopental…

(725 ILCS 5/115-2) (from Ch. 38, par. 115-2) Sec. 115-2. Pleas of Guilty and guilty but mentally ill. (a) Before or during trial a plea of guilty may be accepted when: (1) The defendant enters a plea of guilty in open court; (2) The court has informed the defendant of the consequ…

(725 ILCS 5/115-20) Sec. 115-20. Evidence of prior conviction. (a) Evidence of a prior conviction of a defendant for domestic battery, aggravated battery committed against a family or household member as defined in Section 112A-3, stalking, aggravated stalking, or violation of an…

(725 ILCS 5/115-21) Sec. 115-21. Informant testimony. (a) For the purposes of this Section, "informant" means someone who is purporting to testify about admissions made to him or her by the accused while detained or incarcerated in a penal institution contemporaneously. (b) This …

(725 ILCS 5/115-22) Sec. 115-22. Witness inducements. When the State intends to introduce the testimony of a witness in a capital case, the State shall, before trial, disclose to the defendant and to his or her defense counsel the following information, which shall be reduced to …

(725 ILCS 5/115-23) Sec. 115-23. Admissibility of cannabis. In a prosecution for a violation of subsection (a) of Section 4 of the Cannabis Control Act or a municipal ordinance for possession of cannabis that is punished by only a fine, cannabis shall only be admitted into eviden…