Chapter 725, CRIMINAL PROCEDURE

(725 ILCS 185/4) (from Ch. 38, par. 304) Sec. 4. All local pretrial services agency personnel shall be full-time employees supervised by the director and, except for secretarial staff, subject to the hiring and training requirements established by the Office. (Source: P.A. 103-60…

(725 ILCS 230/4) (from Ch. 38, par. 157-24) Sec. 4. Severability. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act which can be given effect without th…

(725 ILCS 150/4) (from Ch. 56 1/2, par. 1674) Sec. 4. Notice to owner or interest holder. The first attempted service of notice shall be commenced within 28 days of the filing of the verified claim or the receipt of the notice from the seizing agency by Illinois State Police Noti…

(725 ILCS 175/4) (from Ch. 56 1/2, par. 1654) Sec. 4. A person commits narcotics racketeering when he: (a) Receives income knowing such income to be derived, directly or indirectly, from a pattern of narcotics activity in which he participated, or for which he is accountable unde…

(725 ILCS 210/4) (from Ch. 14, par. 204) Sec. 4. The board and the Office have the powers and duties enumerated in Sections 4.01 through 4.10. (Source: P.A. 84-1062.)

(725 ILCS 225/4) (from Ch. 60, par. 21) Sec. 4. Governor may investigate case. When a demand shall be made upon the Governor of this State by the Executive Authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney-Gene…

(725 ILCS 220/4) (from Ch. 38, par. 156-4) Sec. 4. Exemption from arrest and service of process. If a person comes into this state in obedience to a summons directing him to attend and testify in this state he shall not, while in this state pursuant to such summons be subject to …

(725 ILCS 215/4) (from Ch. 38, par. 1704) Sec. 4. (a) The presiding judge of the Statewide Grand Jury will receive recommendations from the Attorney General as to the county in which the Grand Jury will sit. Prior to making the recommendations, the Attorney General shall obtain t…

(725 ILCS 210/4.01) (from Ch. 14, par. 204.01) Sec. 4.01. (a) The Office and all attorneys employed thereby may represent the People of the State of Illinois on appeal in all cases which emanate from a county containing less than 3,000,000 inhabitants, when requested to do so and…

(725 ILCS 210/4.02) (from Ch. 14, par. 204.02) Sec. 4.02. The board shall appoint a Director. (Source: P.A. 84-1062.)

(725 ILCS 210/4.03) (from Ch. 14, par. 204.03) Sec. 4.03. The board shall advise the Director and shall establish policies for the operation of the Office. (Source: P.A. 84-1062.)

(725 ILCS 210/4.04) (from Ch. 14, par. 204.04) Sec. 4.04. The board shall establish an Office in each district containing less than 3,000,000 inhabitants. (Source: P.A. 84-1062.)

(725 ILCS 210/4.05) (from Ch. 14, par. 204.05) Sec. 4.05. The board shall approve or modify an annual budget submitted to it by the Director and establish the number of employees. (Source: P.A. 84-1062.)

(725 ILCS 210/4.06) (from Ch. 14, par. 204.06) Sec. 4.06. The board shall submit an annual report to the General Assembly and Governor regarding the operation of the Office of the State's Attorneys Appellate Prosecutor. The requirement for reporting to the General Assembly shall …

(725 ILCS 210/4.07) (from Ch. 14, par. 204.07) Sec. 4.07. The Office may accept and expend monies, gifts, grants and services from any public or private source; contract or enter into agreements with educational institutions or any Illinois county, the state of Illinois or federa…

(725 ILCS 210/4.08) (from Ch. 14, par. 204.08) Sec. 4.08. The Office may establish programs, alone or in conjunction with law schools, for the purpose of utilizing law students as legal assistants and interns. (Source: P.A. 84-1062.)

(725 ILCS 210/4.09) (from Ch. 14, par. 204.09) Sec. 4.09. The board shall provide for such rules and regulations as may be required for the administration of this Act. (Source: P.A. 84-1062.)

(725 ILCS 210/4.10) (from Ch. 14, par. 204.10) Sec. 4.10. The Office may conduct and charge tuition for training programs for State's Attorneys, Assistant State's Attorneys and other law enforcement officers. The Office shall conduct training programs and provide technical trial …

(725 ILCS 210/4.11) Sec. 4.11. Juvenile Justice Resource Center. The Office may develop a Juvenile Justice Resource Center to: (i) study, design, develop, and implement model systems for the adjudication of juveniles in the justice system; (ii) in cases in which a sentence of inc…

(725 ILCS 210/4.12) Sec. 4.12. Best Practices Protocol Committee. The Board may establish a Best Practices Protocol Committee which may evaluate and recommend a Best Practices Protocol on specific issues related to the implementation of the criminal justice system. The Best Pract…

(725 ILCS 210/4.13) Sec. 4.13. Prosecutorial support for State's Attorneys prosecuting human traffickers. (a) The Office shall provide prosecutorial support for State's Attorneys prosecuting human traffickers. Working with national and State subject matter experts, the Office sha…

(725 ILCS 120/4.5) (Text of Section before amendment by P.A. 104-837) 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 follow…

(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 100/40) 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 11 members, appointed as follows: (1) two members appointed by the Governor; (2)…

(725 ILCS 207/40) Sec. 40. Commitment. (a) If a court or jury determines that the person who is the subject of a petition under Section 15 of this Act is a sexually violent person, the court shall order the person to be committed to the custody of the Department for control, care…

(725 ILCS 202/40) Sec. 40. Failure to expunge. The failure to expunge a DNA record or strictly comply with the provisions of Section 35 of this Act shall not be grounds for challenging the validity of a database match or database information, and evidence based upon or derived fr…

(725 ILCS 167/40) Sec. 40. Law enforcement use of private drones. (a) Except as provided in Section 15, a law enforcement agency may not acquire information from or direct the acquisition of information through the use of a drone owned by a private third party. In the event that …

(725 ILCS 202/42) Sec. 42. Reporting. Beginning January 1, 2017 and each year thereafter, the Illinois State Police shall publish a quarterly report on its website, indicating a breakdown of the number of sexual assault case submissions from every law enforcement agency. (Source:…

(725 ILCS 202/45) Sec. 45. Rules. The Illinois State Police shall promulgate rules that prescribe the procedures for the operation of this Act, including expunging a DNA record. (Source: P.A. 102-538, eff. 8-20-21.)

(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 207/45) Sec. 45. Deoxyribonucleic acid analysis requirements. (a)(1) If a person is found to be a sexually violent person under this Act, the court shall require the person to provide a biological specimen for deoxyribonucleic acid analysis in accordance with Section 5-…

(725 ILCS 167/45) Sec. 45. Policy; violations. (a) Each law enforcement agency using drones under this Act shall have a policy outlining drone use consistent with this Act. The policy shall include that, if an agency learns of violations of this Act, the agency shall immediately …

(725 ILCS 240/5) (from Ch. 70, par. 505) Sec. 5. Advisory Commission - General responsibilities. (a) The Advisory Commission shall have the following responsibilities: (1) To study the operation of all Illinois laws, practices, agencies and organizations which affect victims of c…

(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 220/5) (from Ch. 38, par. 156-5) Sec. 5. Uniformity of interpretation. This act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it. (Source: Laws 1959, p. 2147.)

(725 ILCS 230/5) (from Ch. 38, par. 157-25) Sec. 5. Uniformity of Interpretation. This Act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. (Source: P.A. 76-1189.)

(725 ILCS 173/5) Sec. 5. Definitions. As used in this Act: "Local law enforcement agency" has the meaning given in Section 2 of the Illinois Police Training Act. "Violent crime" has the meaning given in Section 3 of the Rights of Crime Victims and Witnesses Act. (Source: P.A. 102…

(725 ILCS 185/5) (from Ch. 38, par. 305) Sec. 5. The compensation for local pretrial services agency personnel shall be commensurate with salaries and other benefits accorded probation department employees. (Source: P.A. 103-602, eff. 7-1-25.)

(725 ILCS 235/5) (from Ch. 38, par. 157-5) Sec. 5. Exceptions. This Act does not apply to any person in this State confined as mentally ill or in need of mental treatment. (Source: P.A. 103-51, eff. 1-1-24.)

(725 ILCS 225/5) (from Ch. 60, par. 22) Sec. 5. Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion. When it is desired to have returned to this State a person charged in this State with a crime, and such pers…

(725 ILCS 207/5) Sec. 5. Definitions. As used in this Act, the term: (a) "Department" means the Department of Human Services. (b) "Mental disorder" means a congenital or acquired condition affecting the emotional or volitional capacity that predisposes a person to engage in acts …

(725 ILCS 210/5) (from Ch. 14, par. 205) Sec. 5. The Director and all attorneys employed by the Office of the State's Attorneys Appellate Prosecutor shall take the oath of office in like manner as Assistant State's Attorneys. (Source: P.A. 84-1062.)

(725 ILCS 168/5) Sec. 5. Definitions. For the purpose of this Act: "Basic subscriber information" means name, address, local and long distance telephone connection records or records of session time and durations; length of services, including start dates, and types of services u…

(725 ILCS 167/5) Sec. 5. Definitions. As used in this Act: "Authority" means the Illinois Criminal Justice Information Authority. "Drone" means any aerial vehicle that does not carry a human operator. "Information" means any evidence, images, sounds, data, or other information ga…

(725 ILCS 150/5) (from Ch. 56 1/2, par. 1675) Sec. 5. Notice to State's Attorney. The law enforcement agency seizing property for forfeiture under the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act, or the…

(725 ILCS 165/5) (from Ch. 38, par. 161-5) Sec. 5. Any action brought under this Act is a civil action, governed by the Civil Practice Law as now or hereafter amended and by the Supreme Court Rules as now or hereafter adopted in relation to that Law. Appeals may be taken as in ot…

(725 ILCS 195/5) (from Ch. 16, par. 85) Sec. 5. Any person authorized to accept pretrial release or pleas of guilty by this Act who violates any provision of this Act is guilty of a Class B misdemeanor. (Source: P.A. 101-652, eff. 1-1-23.)

(725 ILCS 191/5) Sec. 5. Definitions. "Adult victim" means any person 18 years of age or older. "Criminal history record information" means: (1) chronologically maintained arrest information, including, but not limited to, traditional arrest logs or blotters; (2) the name of a pe…

(725 ILCS 202/5) Sec. 5. Definitions. In this Act: "Commission" means the Sexual Assault Evidence Tracking and Reporting Commission. "Law enforcement agencies" means local, county, State or federal law enforcement agencies involved in the investigation of sexual assault cases in …

(725 ILCS 175/5) (from Ch. 56 1/2, par. 1655) Sec. 5. (a) A person who commits the offense of narcotics racketeering shall: (1) be guilty of a Class 1 felony; and (2) be subject to a fine of up to $250,000. A person who commits the offense of narcotics racketeering or who violate…