Chapter 725 — CRIMINAL PROCEDURE

(725 ILCS 5/124B-705) Sec. 124B-705. Seizure and inventory of property subject to forfeiture. Property taken or detained under this Part shall not be subject to replevin, but is deemed to be in the custody of the Director of the Illinois State Police subject only to the order and…

(725 ILCS 5/124B-710) Sec. 124B-710. Sale of forfeited property by Director of the Illinois State Police. (a) The court shall authorize the Director of the Illinois State Police to seize any property declared forfeited under this Article on terms and conditions the court deems pr…

(725 ILCS 5/124B-715) Sec. 124B-715. Distribution of all other property and sale proceeds. All moneys and the sale proceeds of all property forfeited and seized under this Part 700 shall be distributed to the Special Supplemental Food Program for Women, Infants and Children (WIC)…

(725 ILCS 5/124B-720) Sec. 124B-720. Standard forfeiture provisions incorporated by reference. All of the provisions of Part 100 of this Article are incorporated by reference into this Part 700. (Source: P.A. 96-712, eff. 1-1-10.)

(725 ILCS 5/124B-800) Sec. 124B-800. Persons and property subject to forfeiture. (a) A person who commits an offense under Article 29D of the Criminal Code of 1961 or the Criminal Code of 2012 shall forfeit any property that the sentencing court determines, after a forfeiture hea…

(725 ILCS 5/124B-805) Sec. 124B-805. Asset freeze or seizure; ex parte proceeding. (a) Whenever it appears that there is probable cause to believe that any person used, is using, is about to use, or is intending to use property in any way that constitutes or would constitute an o…

(725 ILCS 5/124B-810) Sec. 124B-810. Forfeiture hearing following property freeze or seizure. (a) If a person having any property interest in property frozen or seized under Section 124B-805 is charged with an offense within 60 days after the property is frozen or seized, the cou…

(725 ILCS 5/124B-815) Sec. 124B-815. No release of property for payment of attorney's fees. No judge shall release any property that is the subject of a petition filed under subsection (b) of Section 124B-810 or a hearing conducted under Section 124B-150 or 124B-160 for the payme…

(725 ILCS 5/124B-820) Sec. 124B-820. No offense charged or no conviction; in rem proceeding. (a) If a person is not charged with an offense within 60 days after property is frozen or seized under Section 124B-805, or if the prosecution of the charge is permanently terminated or i…

(725 ILCS 5/124B-825) Sec. 124B-825. Distribution of property and sale proceeds. After the deduction of all requisite expenses of administration and sale, the Attorney General or State's Attorney shall distribute the proceeds of the sale of forfeited property, along with any prop…

(725 ILCS 5/124B-830) Sec. 124B-830. Standard forfeiture provisions incorporated by reference. All of the provisions of Part 100 of this Article are incorporated by reference into this Part 800. (Source: P.A. 96-712, eff. 1-1-10.)

(725 ILCS 5/124B-900) Sec. 124B-900. Legislative declaration. The General Assembly finds that the forfeiture of real property that is used or intended to be used in connection with any show, exhibition, program, or other activity featuring or otherwise involving a fight between a…

(725 ILCS 5/124B-905) Sec. 124B-905. Persons and property subject to forfeiture. A person who commits a felony violation of Section 4.01 of the Humane Care for Animals Act or a felony violation of Section 48-1 or Section 26-5 of the Criminal Code of 2012 or the Criminal Code of 1…

(725 ILCS 5/124B-910) Sec. 124B-910. Notice to or service on owner or interest holder. (a) Whenever notice of pending forfeiture or service of an in rem complaint is required under this Article, the notice or service shall be given or made as follows: (1) If the owner's or intere…

(725 ILCS 5/124B-915) Sec. 124B-915. Property vests in State. All property declared forfeited under this Article vests in the State on the date of the commission of the conduct giving rise to forfeiture, together with the proceeds of the property after that time. Any such propert…

(725 ILCS 5/124B-920) Sec. 124B-920. Defendant precluded from later denying the essential allegations of the offense. A defendant convicted in any criminal proceeding is precluded from later denying the essential allegations of the criminal offense of which the defendant was conv…

(725 ILCS 5/124B-925) Sec. 124B-925. Settlement of claims. Notwithstanding any other provision of this Article, the Attorney General or State's Attorney and a claimant of seized property may enter into an agreed-upon settlement concerning the seized property in an amount and upon…

(725 ILCS 5/124B-930) Sec. 124B-930. Disposal of property. (a) Real property taken or detained under this Part is not subject to replevin, but is deemed to be in the custody of the Director of the Illinois State Police subject only to the order and judgments of the circuit court …

(725 ILCS 5/124B-935) Sec. 124B-935. Distribution of property and sale proceeds. All moneys and the sale proceeds of all other property forfeited and seized under this Part 900 shall be distributed as follows: (1) 65% shall be distributed to the local, municipal, county, or State…

(725 ILCS 5/124B-940) Sec. 124B-940. Standard forfeiture provisions incorporated by reference. All of the provisions of Part 100 of this Article are incorporated by reference into this Part 900. (Source: P.A. 96-712, eff. 1-1-10.)

(725 ILCS 5/125-1) (from Ch. 38, par. 125-1) Sec. 125-1. Effect of headings. Section, Article and Title headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any Section, Article or Title h…

(725 ILCS 5/125-2) (from Ch. 38, par. 125-2) Sec. 125-2. Partial invalidity. The invalidity of any provision of this Code shall not affect the validity of the remainder of this Code. (Source: Laws 1963, p. 2836.)

(725 ILCS 5/125-3) (from Ch. 38, par. 125-3) Sec. 125-3. Savings provisions. (a) The provisions of Sections 2, 3 and 4 of "An Act to revise the law in relation to the construction of the statutes", approved March 5, 1874, as heretofore and hereafter amended, shall apply in all co…

(725 ILCS 5/125-4) (from Ch. 38, par. 125-4) Sec. 125-4. Effective date. This Code shall take effect January 1, 1964. (Source: Laws 1963, p. 2836.)

(725 ILCS 5/126-1) (from Ch. 38, par. 126-1) Sec. 126-1. Repeal. The following Acts and parts of Acts are repealed: Section 229 and 274 of Division I, Sections 7, 12 and 13 of Division II, Sections 1, 2, 3, 4, 5, 6, 7a and 16a of Division III, Sections 3, 4, 5, 6, 7 and 8 of Divi…

(725 ILCS 100/1) (This Section may contain text from a Public Act with a delayed effective date) Sec. 1. Short title. This Act may be cited as the State Public Defender Act. (Source: P.A. 104-300, eff. 1-1-27.)

(725 ILCS 100/10) (This Section may contain text from a Public Act with a delayed effective date) Sec. 10. Definitions. As used in this Act, unless the context otherwise requires: "Commission" means the State Public Defender Commission established under Section 40. "Chief County …

(725 ILCS 100/100) Sec. 100. (Amendatory provisions; text omitted). (Source: P.A. 104-300, eff. 1-1-27; text omitted.)

(725 ILCS 100/105) Sec. 105. (Amendatory provisions; text omitted). (Source: P.A. 104-300, eff. 1-1-27; text omitted.)

(725 ILCS 100/110) Sec. 110. The Counties Code is amended by repealing Sections 3-4008, 3-4010, 3-4011, and 3-4013. (Source: P.A. 104-300, eff. 1-1-27.)

(725 ILCS 100/15) (This Section may contain text from a Public Act with a delayed effective date) Sec. 15. Office of State Public Defender. The Office of State Public Defender is created as an agency of State government and as an independent agency within the judicial branch of g…

(725 ILCS 100/20) (This Section may contain text from a Public Act with a delayed effective date) Sec. 20. Oath of office. The State Public Defender shall take the oath of office provided by law before assuming the duties of the Office of State Public Defender. (Source: P.A. 104-…

(725 ILCS 100/25) (This Section may contain text from a Public Act with a delayed effective date) Sec. 25. Salary. The State Public Defender shall receive an annual salary equivalent to that of the Attorney General. (Source: P.A. 104-300, eff. 1-1-27.)

(725 ILCS 100/30) (This Section may contain text from a Public Act with a delayed effective date) Sec. 30. Powers and duties of the State Public Defender. (a) The State Public Defender or the State Public Defender's designee shall act as attorney when appointed by a court, withou…

(725 ILCS 100/35) (This Section may contain text from a Public Act with a delayed effective date) Sec. 35. Office of State Public Defender organization. (a) Within the first year of the initial State Public Defender's term, the State Public Defender shall establish a Public Defen…

(725 ILCS 100/40) (This Section may contain text from a Public Act with a delayed effective date) Sec. 40. State Public Defender Commission. (a) The State Public Defender Commission is created as an independent body within the judicial branch. The Commission shall be composed of …

(725 ILCS 100/45) (This Section may contain text from a Public Act with a delayed effective date) Sec. 45. Powers and duties of the State Public Defender Commission. (a) The Commission shall appoint, by a vote of a majority of its members, a State Public Defender for a 6-year ter…

(725 ILCS 100/5) (This Section may contain text from a Public Act with a delayed effective date) Sec. 5. Legislative declaration. The General Assembly recognizes that zealous legal representation in criminal, juvenile delinquency, and dependency proceedings and related matters is…

(725 ILCS 100/50) (This Section may contain text from a Public Act with a delayed effective date) Sec. 50. Shared position. As used in this Section, "shared position" means a position in which individuals share the salary and employee benefits. For purposes of seniority, each ind…

(725 ILCS 100/90) Sec. 90. (Amendatory provisions; text omitted). (Source: P.A. 104-300, eff. 1-1-27; text omitted.)

(725 ILCS 100/95) Sec. 95. (Amendatory provisions; text omitted). (Source: P.A. 104-300, eff. 1-1-27; text omitted.)

(725 ILCS 100/999) (This Section may contain text from a Public Act with a delayed effective date) Sec. 999. Effective date. This Act takes effect January 1, 2027, except Section 40 and this Section take effect July 1, 2026. (Source: P.A. 104-300, eff. 7-1-26.)

(725 ILCS 105/1) (from Ch. 38, par. 208-1) Sec. 1. Short title. This Act may be cited as the "State Appellate Defender Act". (Source: P.A. 77-2633.)

(725 ILCS 105/10) (from Ch. 38, par. 208-10) Sec. 10. Powers and duties of State Appellate Defender. (a) The State Appellate Defender shall represent indigent persons on appeal in criminal and delinquent minor proceedings, when appointed to do so by a court under a Supreme Court …

(725 ILCS 105/10.5) Sec. 10.5. Competitive bidding for appellate services. (a) The State Appellate Defender may, to the extent necessary to dispose of its backlog of indigent criminal appeals, institute a competitive bidding program under which contracts for the services of attor…

(725 ILCS 105/10.6) Sec. 10.6. Expungement program. (a) The State Appellate Defender shall establish, maintain, and carry out an Expungement Program to provide information to persons eligible to have their arrest or criminal history record information ordered expunged, sealed, or…

(725 ILCS 105/11) (from Ch. 38, par. 208-11) Sec. 11. Recovery of funds. (a) The State Appellate Defender may, on behalf of the state, recover payment or reimbursement, as the case may be, from each person who has received legal assistance under this Act, to which he was not enti…

(725 ILCS 105/2) (from Ch. 38, par. 208-2) Sec. 2. Definitions. In this Act, unless the context clearly requires a different meaning, the following definitions apply: (1) "Commission" means the State Appellate Defender Commission; and (2) "State Appellate Defender", when used wit…

(725 ILCS 105/3) (from Ch. 38, par. 208-3) Sec. 3. Creation of office. There is created the office of State Appellate Defender as an agency of state government. (Source: P.A. 77-2633.)

(725 ILCS 105/4) (from Ch. 38, par. 208-4) Sec. 4. Commission. (a) There is created the State Appellate Defender Commission, to consist of 9 members appointed as follows: (1) A chairman appointed by the Governor; (2) One member appointed by the Supreme Court; (3) One member appoi…