Chapter 725 — CRIMINAL PROCEDURE

(725 ILCS 5/115-3) (from Ch. 38, par. 115-3) Sec. 115-3. Trial by the Court. (a) A trial shall be conducted in the presence of the defendant unless he waives the right to be present. (b) Upon conclusion of the trial the court shall enter a general finding, except that, when the a…

(725 ILCS 5/115-4) (from Ch. 38, par. 115-4) Sec. 115-4. Trial by Court and Jury.) (a) Questions of law shall be decided by the court and questions of fact by the jury. (b) The jury shall consist of 12 members. (c) Upon request the parties shall be furnished with a list of prospe…

(725 ILCS 5/115-4.1) (from Ch. 38, par. 115-4.1) Sec. 115-4.1. Absence of defendant. (a) When a defendant after arrest and an initial court appearance for a non-capital felony or a misdemeanor, fails to appear for trial, at the request of the State and after the State has affirma…

(725 ILCS 5/115-4.5) Sec. 115-4.5. Death of defendant. Whenever the prosecuting attorney learns of the death of the defendant prior to the entry of a final and appealable judgment in a criminal case, he or she shall promptly notify the other party and file a certificate of notice…

(725 ILCS 5/115-5) (from Ch. 38, par. 115-5) Sec. 115-5. Business records as evidence. (a) Any writing or record, whether in the form of an entry in a book or otherwise, made as a memorandum or record of any act, transaction, occurrence, or event, shall be admissible as evidence …

(725 ILCS 5/115-5.1) (from Ch. 38, par. 115-5.1) Sec. 115-5.1. In any civil or criminal action the records of the coroner's medical or laboratory examiner summarizing and detailing the performance of his or her official duties in performing medical examinations upon deceased pers…

(725 ILCS 5/115-6) (from Ch. 38, par. 115-6) Sec. 115-6. Appointment of Psychiatrist or Clinical Psychologist. If the defendant has given notice that he may rely upon the defense of insanity as defined in Section 6-2 of the Criminal Code of 2012 or the defendant indicates that he…

(725 ILCS 5/115-6.1) Sec. 115-6.1. Prostitution; affirmative defense. (a) In prosecutions for prostitution, when the accused intends to raise at trial the affirmative defense provided in subsection (c-5) of Section 11-14 of the Criminal Code of 2012 and has reason to believe that…

(725 ILCS 5/115-7) (from Ch. 38, par. 115-7) Sec. 115-7. a. In prosecutions for predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated criminal sexual abuse, criminal sexual abuse, involuntary servitude, involuntary s…

(725 ILCS 5/115-7.1) (from Ch. 38, par. 115-7.1) Sec. 115-7.1. Court may not order mental examination of sex victim. Except where explicitly authorized by this Code or by the Rules of the Supreme Court of Illinois, no court may require or order a witness who is the victim of an a…

(725 ILCS 5/115-7.2) (from Ch. 38, par. 115-7.2) Sec. 115-7.2. In a prosecution for an illegal sexual act perpetrated upon a victim, including but not limited to prosecutions for violations of Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of the Criminal Code of 1961 or…

(725 ILCS 5/115-7.3) Sec. 115-7.3. Evidence in certain cases. (a) This Section applies to criminal cases in which: (1) the defendant is accused of predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated criminal sexual…

(725 ILCS 5/115-7.4) Sec. 115-7.4. Evidence in domestic violence cases. (a) In a criminal prosecution in which the defendant is accused of an offense of domestic violence as defined in paragraphs (1) and (3) of Section 103 of the Illinois Domestic Violence Act of 1986, or first d…

(725 ILCS 5/115-8) (from Ch. 38, par. 115-8) Sec. 115-8. A defendant may waive his right to be present during trial. However, upon motion of the State's Attorney made prior to or during trial, the court shall order the defendant to present himself in open court for the purpose of…

(725 ILCS 5/115-9) (from Ch. 38, par. 115-9) Sec. 115-9. (a) In a prosecution for theft, retail theft, deceptive practice, robbery, armed robbery, burglary or residential burglary, the court shall receive as competent evidence, a photograph of property over which the accused is a…

(725 ILCS 5/115-9.2) Sec. 115-9.2. Currency used in undercover investigation. (a) In a prosecution in which United States currency was used by a law enforcement officer or agency or by a person acting under the direction of a law enforcement officer or agency in an undercover inv…

(725 ILCS 5/116-1) (from Ch. 38, par. 116-1) Sec. 116-1. Motion for new trial. (a) Following a verdict or finding of guilty the court may grant the defendant a new trial. (b) A written motion for a new trial shall be filed by the defendant within 30 days following the entry of a …

(725 ILCS 5/116-2) (from Ch. 38, par. 116-2) Sec. 116-2. Motion in arrest of judgment. (a) A written motion in arrest of judgment shall be filed by the defendant within 30 days following the entry of a verdict or finding of guilty. Reasonable notice of the motion shall be served …

(725 ILCS 5/116-2.1) Sec. 116-2.1. Motion to vacate prostitution convictions for sex trafficking victims. (a) A motion under this Section may be filed at any time following the entry of a verdict or finding of guilty where the conviction was under Section 11-14 (prostitution) or …

(725 ILCS 5/116-3) Sec. 116-3. Motion for fingerprint, Integrated Ballistic Identification System, or forensic testing not available at trial or guilty plea regarding actual innocence. (a) A defendant may make a motion before the trial court that entered the judgment of convictio…

(725 ILCS 5/116-4) Sec. 116-4. Preservation of evidence for forensic testing. (a) Before or after the trial in a prosecution for a 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…

(725 ILCS 5/116-5) Sec. 116-5. Motion for DNA database search (genetic marker groupings comparison analysis). (a) Upon motion by a defendant charged with any offense where DNA evidence may be material to the defense investigation or relevant at trial, a court may order a DNA data…

(725 ILCS 5/117-1) (from Ch. 38, par. 117-1) Sec. 117-1. (Repealed). (Source: Repealed by P.A. 77-2097, eff. 1-1-73.)

(725 ILCS 5/117-2) (from Ch. 38, par. 117-2) Sec. 117-2. (Repealed). (Source: Repealed by P.A. 77-2097, eff. 1-1-73.)

(725 ILCS 5/117-3) (from Ch. 38, par. 117-3) Sec. 117-3. (Repealed). (Source: Repealed by P.A. 77-2097, eff. 1-1-73.)

(725 ILCS 5/118-1) (from Ch. 38, par. 118-1) Sec. 118-1. (Repealed). (Source: Repealed by P.A. 77-2097, eff. 1-1-73.)

(725 ILCS 5/118-2) (from Ch. 38, par. 118-2) Sec. 118-2. (Repealed). (Source: Repealed by P.A. 77-2097, eff. 1-1-73.)

(725 ILCS 5/119-1) Sec. 119-1. Death penalty abolished. (a) Beginning on July 1, 2011 (the effective date of Public Act 96-1543), notwithstanding any other law to the contrary, the death penalty is abolished and a sentence to death may not be imposed. (b) The Death Penalty Abolit…

(725 ILCS 5/119-5) (from Ch. 38, par. 119-5) Sec. 119-5. (Repealed). (Source: P.A. 93-379, eff. 7-24-03. Repealed by P.A. 103-51, eff. 1-1-24.)

(725 ILCS 5/120-1) (from Ch. 38, par. 120-1) Sec. 120-1. (Repealed). (Source: Repealed by P.A. 76-1412, eff. 9-22-69.)

(725 ILCS 5/120-2) (from Ch. 38, par. 120-2) Sec. 120-2. (Repealed). (Source: Repealed by Laws 1967, p. 3615.)

(725 ILCS 5/120-3) (from Ch. 38, par. 120-3) Sec. 120-3. (Repealed). (Source: Repealed by Laws 1967, p. 3615.)

(725 ILCS 5/120-4) (from Ch. 38, par. 120-4) Sec. 120-4. (Repealed). (Source: Repealed by Laws 1967, p. 3615.)

(725 ILCS 5/121-1) (from Ch. 38, par. 121-1) Sec. 121-1. Application of article. Unless otherwise provided by Rules of the Supreme Court this Article shall govern review in all criminal cases. (Source: Laws 1963, p. 2836.)

(725 ILCS 5/121-13) (from Ch. 38, par. 121-13) Sec. 121-13. Pauper appeals. (a) In any case wherein the defendant was convicted of a felony, if the court determines that the defendant desires counsel on appeal but is indigent the Public Defender or the State Appellate Defender sh…

(725 ILCS 5/121A-1) Sec. 121A-1. Application of Article. Unless otherwise provided by Rules of the Supreme Court, this Article shall govern pending direct appeal in all criminal cases after the death of the defendant. (Source: P.A. 99-778, eff. 1-1-17.)

(725 ILCS 5/121A-2) Sec. 121A-2. Pending direct appeal after the defendant's death. (a) Whenever the prosecuting attorney learns of the death of the defendant following the entry of a final and appealable judgment but prior to the conclusion of the defendant's direct appeal from …

(725 ILCS 5/122-1) (from Ch. 38, par. 122-1) Sec. 122-1. Petition in the trial court. (a) Any person imprisoned in the penitentiary may institute a proceeding under this Article if the person asserts that: (1) in the proceedings which resulted in his or her conviction there was a…

(725 ILCS 5/122-2) (from Ch. 38, par. 122-2) Sec. 122-2. Contents of petition. The petition shall identify the proceeding in which the petitioner was convicted, give the date of the rendition of the final judgment complained of, and clearly set forth the respects in which petitio…

(725 ILCS 5/122-2.1) (from Ch. 38, par. 122-2.1) Sec. 122-2.1. (a) Within 90 days after the filing and docketing of each petition, the court shall examine such petition and enter an order thereon pursuant to this Section. (1) (Blank). (2) If the petitioner is sentenced to impriso…

(725 ILCS 5/122-2.2) Sec. 122-2.2. Intellectual disability and post-conviction relief. (a) (Blank). (b) All other provisions of this Article governing petitions for post-conviction relief shall apply to a petition for post-conviction relief alleging an intellectual disability. (S…

(725 ILCS 5/122-3) (from Ch. 38, par. 122-3) Sec. 122-3. Waiver of claims. Any claim of substantial denial of constitutional rights not raised in the original or an amended petition is waived. (Source: Laws 1963, p. 2836.)

(725 ILCS 5/122-4) (from Ch. 38, par. 122-4) Sec. 122-4. Pauper petitions. If the petition is not dismissed pursuant to Section 122-2.1, and alleges that the petitioner is unable to pay the costs of the proceeding, the court may order that the petitioner be permitted to proceed a…

(725 ILCS 5/122-5) (from Ch. 38, par. 122-5) Sec. 122-5. Proceedings on petition.) Within 30 days after the making of an order pursuant to subsection (b) of Section 122-2.1, or within such further time as the court may set, the State shall answer or move to dismiss. In the event …

(725 ILCS 5/122-6) (from Ch. 38, par. 122-6) Sec. 122-6. Disposition in trial court. The court may receive proof by affidavits, depositions, oral testimony, or other evidence. In its discretion the court may order the petitioner brought before the court for the hearing. If the co…

(725 ILCS 5/122-7) (from Ch. 38, par. 122-7) Sec. 122-7. Any final judgment entered upon such petition shall be reviewed in a manner pursuant to the rules of the Supreme Court. (Source: P.A. 79-917.)

(725 ILCS 5/122-8) Sec. 122-8. (Repealed). (Source: P.A. 83-942. Repealed by P.A. 96-1200, eff. 7-22-10.)

(725 ILCS 5/122-9) Sec. 122-9. Motion to resentence by the People. (a) The purpose of sentencing is to advance public safety through punishment, rehabilitation, and restorative justice. By providing a means to reevaluate a sentence after some time has passed, the General Assembly…

(725 ILCS 5/123) Sec. 123. (Renumbered). (Source: P.A. 102-102, eff. 1-1-22. Renumbered by P.A. 102-813, eff. 5-13-22.)

(725 ILCS 5/124A-10) Sec. 124A-10. Lien. The property, real and personal, of a person who is convicted of an offense shall be bound, and a lien is created on the property, both real and personal, of every offender, not exempt from the enforcement of a judgment or attachment, from…