Chapter 725, CRIMINAL PROCEDURE

(725 ILCS 165/3) (from Ch. 38, par. 161-3) Sec. 3. If, however, it should appear to the court that the complaint is unfounded, the defendant shall be dismissed. When, in addition, the court is of the opinion that the proceeding was commenced maliciously without probable cause, it…

(725 ILCS 175/3) (from Ch. 56 1/2, par. 1653) Sec. 3. Definitions. In this Act: (a) "Narcotics activity" means: 1. Any conduct punishable as a felony under the Cannabis Control Act or the Illinois Controlled Substances Act, or 2. Any conduct punishable, by imprisonment for more t…

(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 220/3) (from Ch. 38, par. 156-3) Sec. 3. Witness from another state summoned to testify in this State. If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury …

(725 ILCS 210/3) (from Ch. 14, par. 203) Sec. 3. There is created the Office of the State's Attorneys Appellate Prosecutor as a judicial agency of State government. (a) The Office of the State's Attorneys Appellate Prosecutor shall be governed by a board of governors which shall …

(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 190/3) (from Ch. 38, par. 1453) (Text of Section before amendment by P.A. 104-832) Sec. 3. Confidentiality of law enforcement and court records. Notwithstanding any other law to the contrary, inspection and copying of law enforcement records maintained by any law enforc…

(725 ILCS 245/3) (from Ch. 38, par. 155-23) Sec. 3. The protection which may be provided includes, but is not limited to the salaries and related costs of personal guards, protective custody and relocation costs. No such protection may be provided without the written consent of t…

(725 ILCS 240/3) (from Ch. 70, par. 503) Sec. 3. Definitions. As used in this Act: (a) "Advisory Commission" means the Violent Crimes Advisory Commission created in Section 4 of this Act; (b) "Fund" means the Violent Crime Victims Assistance Fund created in Section 10 of this Act…

(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 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 215/3) Sec. 3. Written application for the appointment of a Circuit Judge to convene and preside over a Statewide Grand Jury, with jurisdiction extending throughout the State, shall be made to the Chief Justice of the Supreme Court. Upon such written application, the Ch…

(725 ILCS 150/3) (from Ch. 56 1/2, par. 1673) Sec. 3. Applicability. The provisions of this Act are applicable to all property forfeitable under the Illinois Controlled Substances Act, the Cannabis Control Act, the Illinois Food, Drug and Cosmetic Act, or the Methamphetamine Cont…

(725 ILCS 120/3) (from Ch. 38, par. 1403) (Text of Section before amendment by P.A. 104-837) 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 suffer…

(725 ILCS 195/3) (from Ch. 16, par. 83) Sec. 3. In lieu of complying with the conditions of pretrial release, any accused person has the right to be brought without unnecessary delay before the nearest or most accessible judge of the circuit to be dealt with according to law. (So…

(725 ILCS 235/3) (from Ch. 38, par. 157-3) Sec. 3. Court order. If at the hearing the judge determines (1) that the witness may be material and necessary, (2) that his attending and testifying are not adverse to the interests of this State or to the health or legal rights of the …

(725 ILCS 185/3) (from Ch. 38, par. 303) Sec. 3. Pretrial services shall be provided by the Office where the volume of criminal proceedings does not justify the establishment of a local pretrial services agency. (Source: P.A. 103-602, eff. 7-1-25.)

(725 ILCS 230/3) (from Ch. 38, par. 157-23) Sec. 3. Order of return to Demanding Court. The State's Attorney shall appear at the hearing and report to the circuit court the results of his investigation. If the circuit court finds that the affiant is a designated agent of the dema…

(725 ILCS 150/3.1) Sec. 3.1. Seizure. (a) Actual physical seizure of real property subject to forfeiture under this Act requires the issuance of a seizure warrant. Nothing in this Section prohibits the constructive seizure of real property through the filing of a complaint for fo…

(725 ILCS 150/3.2) Sec. 3.2. Receipt for seized property. If a law enforcement officer seizes property that is subject to forfeiture, the officer shall provide an itemized receipt to the person possessing the property or, in the absence of a person to whom the receipt could be gi…

(725 ILCS 150/3.3) Sec. 3.3. Safekeeping of seized property pending disposition. (a) Property seized under this Act 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 having jurisdiction over t…

(725 ILCS 115/3.5) (Text of Section before amendment by P.A. 104-832) 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 …

(725 ILCS 150/3.5) Sec. 3.5. Preliminary review. (a) Within 14 days of the seizure, the State shall seek a preliminary determination from the circuit court as to whether there is probable cause that the property may be subject to forfeiture. (b) The rules of evidence shall not ap…

(725 ILCS 225/30) (from Ch. 60, par. 47) Sec. 30. Constitutionality. If any provision of this Act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect with…

(725 ILCS 203/30) Sec. 30. Release and storage of sexual assault evidence. (a) A law enforcement agency having jurisdiction that is notified by a hospital or another law enforcement agency that a victim of a sexual assault or sexual abuse has received a medical forensic examinati…

(725 ILCS 168/30) Sec. 30. Inapplicability. This Act does not apply to a law enforcement agency obtaining basic subscriber information from a service provider under a valid subpoena, court order, or search warrant. (Source: P.A. 98-1104, eff. 8-26-14.)

(725 ILCS 207/30) Sec. 30. Detention; probable cause hearing; transfer for examination. (a) Upon the filing of a petition under Section 15 of this Act, the court shall review the petition to determine whether to issue an order for detention of the person who is the subject of the…

(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 185/30) (from Ch. 38, par. 330) Sec. 30. Records and statistics shall be maintained by local pretrial services agencies of their operations and effect upon the criminal justice system, with monthly reports submitted to the circuit court and the Office on a uniform stati…

(725 ILCS 167/30) Sec. 30. Admissibility. If the court finds by a preponderance of the evidence that a law enforcement agency used a drone to gather information in violation of the information gathering limits in Sections 10 and 15 of this Act, then the information shall be presu…

(725 ILCS 202/30) Sec. 30. Required certification. Each submission of sexual assault evidence submitted for analysis pursuant to this Act shall be accompanied by the following signed certification: "This evidence is being submitted by (name of investigating law enforcement agency…

(725 ILCS 185/31) (from Ch. 38, par. 331) Sec. 31. Information and records maintained by the pretrial services agency which have not been disclosed in open court during a court proceeding shall not be released by the pretrial services agency to any individual or organization, oth…

(725 ILCS 185/32) (from Ch. 38, par. 332) Sec. 32. Pretrial services agencies shall be provided by the circuit court with adequate facilities and supportive services, including secretarial staffs or pools, to assure maximum utilization of resources and effective service to the co…

(725 ILCS 225/32) (from Ch. 60, par. 49) Sec. 32. Short title. This Act may be cited as the Uniform Criminal Extradition Act. (Source: Laws 1955, p. 1982.)

(725 ILCS 185/33) (from Ch. 38, par. 333) Sec. 33. The Office shall pay from funds appropriated to it for this purpose 100% of the salary for all pretrial officer and pretrial supervisor positions employed by local pretrial services agencies to implement the services set forth in…

(725 ILCS 185/34) Sec. 34. Probation and court services departments considered pretrial services agencies. For the purposes of administering the provisions of Public Act 95-773, known as the Cindy Bischof Law, all probation and court services departments are to be considered pret…

(725 ILCS 202/35) Sec. 35. Expungement. If the Illinois State Police receives written confirmation from the investigating law enforcement agency or State's Attorney's office that a DNA record that has been uploaded pursuant to this Act into a local, State or national DNA database…

(725 ILCS 203/35) Sec. 35. Release of information. (a) Upon the request of the victim who has consented to the release of sexual assault evidence for testing, the law enforcement agency having jurisdiction shall notify the victim about the Illinois State Police sexual assault evi…

(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 207/35) Sec. 35. Trial. (a) A trial to determine whether the person who is the subject of a petition under Section 15 of this Act is a sexually violent person shall commence no later than 120 days after the date of the probable cause hearing under Section 30 of this Act…

(725 ILCS 167/35) Sec. 35. Reporting. (a) If a law enforcement agency owns one or more drones, then subsequent to the effective date of this Act, it shall report in writing annually by April 1 to the Authority the number of drones that it owns, the number of times a drone was use…

(725 ILCS 165/4) (from Ch. 38, par. 161-4) Sec. 4. In lieu of requiring the surrender of any firearm, the court may require the defendant to give a recognizance as provided in Article 110A of the Code of Criminal Procedure of 1963. (Source: P.A. 96-328, eff. 8-11-09.)

(725 ILCS 195/4) (from Ch. 16, par. 84) Sec. 4. Whenever in any circuit there shall be in force a uniform schedule prescribing the amounts of fines, penalties, forfeitures and costs on pleas of guilty in specified minor conservation and traffic offenses, any circuit clerk or depu…

(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…

(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 120/4) (Text of Section before amendment by P.A. 104-837) 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, intimidation…

(725 ILCS 245/4) (from Ch. 38, par. 155-24) Sec. 4. All grants made pursuant to this Act shall be made in accordance with this Act and rules and regulations established prior to January 1, 1983 by the Illinois Law Enforcement Commission. (Source: P.A. 82-1039.)

(725 ILCS 240/4) (from Ch. 70, par. 504) Sec. 4. Advisory Commission created. There is created a Violent Crimes Advisory Commission, hereinafter called the Advisory Commission, consisting of 18 members: the Attorney General, or his or her designee who shall serve as Chairperson; …

(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 235/4) (from Ch. 38, par. 157-4) Sec. 4. Terms and conditions. The order to the witness and to the person having custody of the witness shall provide for the return of the witness at the conclusion of his testimony, proper safeguards on his custody, and proper financial…