Chapter 725 — CRIMINAL PROCEDURE

(725 ILCS 105/5) (from Ch. 38, par. 208-5) Sec. 5. Powers of Supreme Court. (a) The Supreme Court shall by a vote of a majority of the judges thereof appoint the State Appellate Defender for a four-year term and until his successor is appointed and qualified. No person may be app…

(725 ILCS 105/6) (from Ch. 38, par. 208-6) Sec. 6. Powers and Duties of Commission. (a) The commission shall advise the State Appellate Defender and may, subject to rules of the Supreme Court, recommend policies for the operation of the office of State Appellate Defender. (b) The…

(725 ILCS 105/7) (from Ch. 38, par. 208-7) Sec. 7. Oath of office. The State Appellate Defender shall take the oath of office provided by law before entering into the duties of his office. (Source: P.A. 77-2633.)

(725 ILCS 105/8) (from Ch. 38, par. 208-8) Sec. 8. Salary. The State Appellate Defender is entitled to receive an annual salary of not less than $30,000.00 per year. (Source: P.A. 77-2633.)

(725 ILCS 105/9) (from Ch. 38, par. 208-9) Sec. 9. Organization of office. (a) The State Appellate Defender shall establish an office in each judicial district. (b) The State Appellate Defender shall appoint a deputy defender for each judicial district who shall serve as the admi…

(725 ILCS 105/9.1) (from Ch. 38, par. 208-9.1) Sec. 9.1. Individuals may share one attorney or staff position. For purposes of this Section, "shared position" means a position in which individuals share the salary and employee benefits. For purposes of seniority, each individual …

(725 ILCS 110/0.01) (from Ch. 60, par. 50) Sec. 0.01. Short title. This Act may be cited as the Arrest and Conviction of Out of State Murderers Act. (Source: P.A. 86-1324.)

(725 ILCS 110/1) (from Ch. 60, par. 51) Sec. 1. Whenever any citizen of this state, or any minor child residing with its parents or guardian in this state, shall heretofore have been, or shall hereafter be, by fraudulent pretenses, enticed or kidnapped and taken out of this state…

(725 ILCS 115/1) (from Ch. 38, par. 1351) Sec. 1. Short title. This Act shall be known and may be cited as the Bill of Rights for Children. (Source: P.A. 86-862.)

(725 ILCS 115/2) (from Ch. 38, par. 1352) Sec. 2. Purposes. The purpose of this Act is to ensure the fair and compassionate treatment of children involved in the criminal justice system by affording certain basic rights and considerations to these children. (Source: P.A. 86-862.)…

(725 ILCS 115/3) (from Ch. 38, par. 1353) Sec. 3. Rights to present child impact statement. (a) In any case where a defendant has been convicted of a violent crime involving a child or a juvenile has been adjudicated a delinquent for any offense defined in Sections 11-6, 11-20.1,…

(725 ILCS 115/3.5) Sec. 3.5. Right to forensic interview with children's advocacy center. Every child reported to the Department of Children and Family Services or law enforcement to be a victim of sexual assault or sexual abuse whose case is accepted by either agency for investi…

(725 ILCS 115/4) (from Ch. 38, par. 1354) Sec. 4. This Act does not limit any rights or responsibilities otherwise enjoyed by or imposed upon victims or witnesses of violent crime, nor does it grant any person a cause of action for damages. Nothing in this Act creates a basis for…

(725 ILCS 120/1) (from Ch. 38, par. 1401) Sec. 1. Short title. This Article I may be cited as the Rights of Crime Victims and Witnesses Act. (Source: P.A. 88-489.)

(725 ILCS 120/2) (from Ch. 38, par. 1402) Sec. 2. The purpose of this Act is to implement, preserve, protect, and enforce the rights guaranteed to crime victims by Article I, Section 8.1 of the Illinois Constitution to ensure that crime victims are treated with fairness and respe…

(725 ILCS 120/3) (from Ch. 38, par. 1403) Sec. 3. The terms used in this Act shall have the following meanings: (a) "Crime victim" or "victim" means: (1) any natural person determined by the prosecutor or the court to have suffered direct physical or psychological harm as a resul…

(725 ILCS 120/4) (from Ch. 38, par. 1404) (Text of Section from P.A. 103-792) Sec. 4. Rights of crime victims. (a) Crime victims shall have the following rights: (1) The right to be treated with fairness and respect for their dignity and privacy and to be free from harassment, in…

(725 ILCS 120/4.5) (Text of Section from P.A. 104-11) Sec. 4.5. Procedures to implement the rights of crime victims. To afford crime victims their rights, law enforcement, prosecutors, judges, and corrections will provide information, as appropriate, of the following procedures: …

(725 ILCS 120/4.6) Sec. 4.6. Advocates; support person. (a) A crime victim has a right to have an advocate present during any medical evidentiary or physical examination, unless no advocate can be summoned in a reasonably timely manner. The victim also has the right to have an ad…

(725 ILCS 120/5) (from Ch. 38, par. 1405) Sec. 5. Rights of witnesses. (a) Witnesses as defined in subsection (b) of Section 3 of this Act shall have the following rights: (1) to be notified by the Office of the State's Attorney of all court proceedings at which the witness' pres…

(725 ILCS 120/6) (from Ch. 38, par. 1406) Sec. 6. Right to be heard at sentencing. (a) A crime victim shall be allowed to present an oral or written statement in any case in which a defendant has been convicted of a violent crime or a juvenile has been adjudicated delinquent for …

(725 ILCS 120/7) (from Ch. 38, par. 1407) Sec. 7. Responsibilities of victims and witnesses. Victims and witnesses shall have the following responsibilities to aid in the prosecution of violent crime and to ensure that their constitutional rights are enforced: (a) To make a timel…

(725 ILCS 120/8) Sec. 8. Privately operated crime victim and witness notification service. A county sheriff with the approval of the county board in counties with 3,000,000 or fewer inhabitants, or a county department of corrections with the approval of the county board of commis…

(725 ILCS 120/8.5) Sec. 8.5. Statewide victim and witness notification system. (a) The Attorney General may establish a crime victim and witness notification system to assist public officials in carrying out their duties to notify and inform crime victims and witnesses under Sect…

(725 ILCS 120/9) (from Ch. 38, par. 1408) Sec. 9. This Act does not limit any rights or responsibilities otherwise enjoyed by or imposed upon victims or witnesses of violent crime. Any act of omission or commission by any law enforcement officer, circuit court clerk, or State's A…

(725 ILCS 137/1) Sec. 1. Short title. This Act may be cited as the Citizen Privacy Protection Act. (Source: P.A. 99-622, eff. 1-1-17.)

(725 ILCS 137/10) Sec. 10. Prohibited use of cell site simulator devices. A law enforcement agency may not use a cell site simulator device, except to locate or track the location of a communications device or to identify a communications device. Except as provided in Section 15 …

(725 ILCS 137/15) Sec. 15. Application for court order. (a) An application for a court order to use a cell site simulator device, including an emergency application under subparagraph (B) of paragraph (6) of Section 15 of the Freedom From Location Surveillance Act, must include: …

(725 ILCS 137/20) Sec. 20. Admissibility. If the court finds by a preponderance of the evidence that a law enforcement agency used a cell site simulator to gather information in violation of the limits in Sections 10 and 15 of this Act, then the information shall be presumed to b…

(725 ILCS 137/5) Sec. 5. Definitions. As used in this Act: "Cell site simulator device" means a device that transmits or receives radio waves to or from a communications device that can be used to intercept, collect, access, transfer, or forward the data transmitted or received b…

(725 ILCS 140/0.01) (from Ch. 38, par. 165-10) Sec. 0.01. Short title. This Act may be cited as the Criminal Proceeding Interpreter Act. (Source: P.A. 86-1324.)

(725 ILCS 140/1) (from Ch. 38, par. 165-11) Sec. 1. Whenever any person accused of committing a felony or misdemeanor is to be tried in any court of this State, the court shall upon its own motion or that of defense or prosecution determine whether the accused is capable of under…

(725 ILCS 140/2) (from Ch. 38, par. 165-12) Sec. 2. The court shall enter an order of its appointment of the interpreter who shall be sworn to truly interpret or translate all questions propounded or answers given as directed by the court. (Source: P.A. 77-1527.)

(725 ILCS 140/3) (from Ch. 38, par. 165-13) Sec. 3. The court shall determine a reasonable fee for all such interpreter services which shall be paid out of the general county funds. (Source: P.A. 77-1527.)

(725 ILCS 140/4) Sec. 4. Victims and witnesses; sign language interpreters. The right to a qualified court-appointed sign language interpreter as provided in this Act shall be afforded to persons with disabilities who are victims of, or are called as witnesses in proceedings rela…

(725 ILCS 145/1) (from Ch. 70, par. 401) Sec. 1. Short title. This Act may be cited as the Criminal Victims' Asset Discovery Act. (Source: P.A. 87-1157.)

(725 ILCS 145/2) (from Ch. 70, par. 402) Sec. 2. Definitions. The following words and phrases when used in this Act shall, for the purposes of this Act, have the meanings respectively ascribed to them except when the context requires otherwise. (Source: P.A. 81-906.)

(725 ILCS 145/2.1) (from Ch. 70, par. 402.1) Sec. 2.1. "Person" means every natural person, firm, partnership, association, corporation or other legal entity. (Source: P.A. 81-906.)

(725 ILCS 145/2.3) (from Ch. 70, par. 402.3) Sec. 2.3. "Victim" means a person killed or physically injured in this State as a result of a crime perpetrated or attempted against that person. (Source: P.A. 81-906.)

(725 ILCS 145/3) (from Ch. 70, par. 403) Sec. 3. Deposition; assets of criminal. (a) Any person who has been convicted of first degree murder, a Class X felony, or aggravated kidnapping in this State, or who has been found not guilty by reason of insanity or guilty but mentally i…

(725 ILCS 150/1) (from Ch. 56 1/2, par. 1671) Sec. 1. Short Title. This Act shall be known and may be cited as the Drug Asset Forfeiture Procedure Act. (Source: P.A. 86-1382.)

(725 ILCS 150/10) (from Ch. 56 1/2, par. 1680) Sec. 10. Stay of time periods. If property is seized for evidence and for forfeiture, the time periods for instituting judicial and non-judicial forfeiture proceedings shall not begin until the property is no longer necessary for evi…

(725 ILCS 150/11) (from Ch. 56 1/2, par. 1681) Sec. 11. Settlement of claims. Notwithstanding other provisions of this Act, the State's Attorney and a claimant of seized property may enter into an agreed-upon settlement concerning the seized property in such an amount and upon su…

(725 ILCS 150/12) (from Ch. 56 1/2, par. 1682) Sec. 12. Nothing in this Act shall apply to property which constitutes reasonable bona fide attorney's fees paid to an attorney for services rendered or to be rendered in the forfeiture proceeding or criminal proceeding relating dire…

(725 ILCS 150/13) (from Ch. 56 1/2, par. 1683) Sec. 13. Construction. It shall be the intent of the General Assembly that the forfeiture provisions of this Act be liberally construed so as to effect their remedial purpose. The forfeiture of property and other remedies hereunder s…

(725 ILCS 150/13.1) (was 725 ILCS 150/15) Sec. 13.1. Return of property, damages, and costs. (a) The law enforcement agency that holds custody of property seized for forfeiture shall deliver property ordered by the court to be returned or conveyed to the claimant within a reasona…

(725 ILCS 150/13.2) (was 725 ILCS 150/17) Sec. 13.2. Distribution of proceeds; selling or retaining seized property prohibited. (a) Except as otherwise provided in this Section, the court shall order that property forfeited under this Act be delivered to the Illinois State Police…

(725 ILCS 150/13.3) (was 725 ILCS 150/20) Sec. 13.3. Reporting. Property seized or forfeited under this Act is subject to reporting under the Seizure and Forfeiture Reporting Act. (Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)

(725 ILCS 150/13.4) Sec. 13.4. Applicability; savings clause. (a) The changes made to this Act by Public Act 100-512 and Public Act 100-699 only apply to property seized on and after July 1, 2018. (b) The changes made to this Act by Public Act 100-699 are subject to Section 4 of …

(725 ILCS 150/14) (from Ch. 56 1/2, par. 1684) Sec. 14. Judicial review. If property has been declared forfeited under Section 6 of this Act, any person who has an interest in the property declared forfeited may, within 30 days of the effective date of the notice of the declarati…