Chapter 725 — CRIMINAL PROCEDURE

(725 ILCS 210/7.05) (from Ch. 14, par. 207.05) Sec. 7.05. The Director shall submit an annual budget for the approval of the board. (Source: P.A. 84-1062.)

(725 ILCS 210/7.06) (from Ch. 14, par. 207.06) Sec. 7.06. (a) The Director may contract for or employ part-time such investigators to provide investigative services in criminal cases and tax objection cases for staff counsel and county state's attorneys. Investigators may be auth…

(725 ILCS 210/8) (from Ch. 14, par. 208) Sec. 8. Nothing herein contained shall be construed to abrogate or diminish the rights of State's Attorneys to prosecute appeals in any case. (Source: P.A. 80-1stSS-1; 80-1stSS-3.)

(725 ILCS 210/9) (from Ch. 14, par. 209) Sec. 9. There is created a special fund in the State Treasury designated as the State's Attorneys Appellate Prosecutor's County Fund which is to be held in trust for this purpose. It shall be funded from contributions collected from the co…

(725 ILCS 210/9.01) (from Ch. 14, par. 209.01) Sec. 9.01. The General Assembly shall appropriate money for the expenses of the Office, other than the expenses of the Office incident to the programs and publications authorized by Section 4.10 of this Act, from such Funds and in su…

(725 ILCS 210/9.02) (from Ch. 14, par. 209.02) Sec. 9.02. Within 90 days after the appropriation becomes law, the board shall allocate the county shares of the expenses to the participating counties in proportion to population. (Source: P.A. 99-208, eff. 7-30-15.)

(725 ILCS 210/9.03) (from Ch. 14, par. 209.03) Sec. 9.03. If there is an unobligated balance remaining in the State's Attorneys Appellate Prosecutor's County Fund at the end of a fiscal year, that sum shall be rolled over for use in the ensuing fiscal year, and shall be considere…

(725 ILCS 210/9.04) Sec. 9.04. (Repealed). (Source: P.A. 84-1062. Repealed by P.A. 96-900, eff. 5-28-10.)

(725 ILCS 210/9.05) (from Ch. 14, par. 209.05) Sec. 9.05. For the purposes of Sections 9 through 9.04, population shall be determined by the last available federal census. (Source: P.A. 80-1stSS-1; 80-1stSS-3.)

(725 ILCS 215/1) (from Ch. 38, par. 1701) Sec. 1. This Act shall be known and may be cited as the Statewide Grand Jury Act. (Source: P.A. 87-466.)

(725 ILCS 215/10) (from Ch. 38, par. 1710) Sec. 10. The Attorney General shall, at the earliest opportunity, upon initiation of Grand Jury action, consult with and advise the State's Attorney of any county involved in a Statewide Grand Jury terrorist or narcotics investigation. F…

(725 ILCS 215/2) (from Ch. 38, par. 1702) (Text of Section from P.A. 103-1071) Sec. 2. (a) County grand juries and State's Attorneys have always had and shall continue to have primary responsibility for investigating, indicting, and prosecuting persons who violate the criminal la…

(725 ILCS 215/3) (from Ch. 38, par. 1703) (Text of Section from P.A. 103-1071) 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 Justi…

(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 215/5) (from Ch. 38, par. 1705) Sec. 5. A Statewide Grand Jury shall be called and shall sit at such times and for such periods, and subject to the same procedures, as grand juries in counties having not more than 1,000,000 inhabitants, except as otherwise provided in t…

(725 ILCS 215/6) (from Ch. 38, par. 1706) Sec. 6. Except as otherwise provided in this Act, a Statewide Grand Jury shall have the same powers and duties, shall be selected in the same manner, shall be served by county personnel in the same manner, and shall follow the same proced…

(725 ILCS 215/7) (from Ch. 38, par. 1007) Sec. 7. The Attorney General or his assistant shall attend each Statewide Grand Jury, and shall prosecute any indictment returned by it, unless the State's Attorney of the country of venue for the indictment consents to prosecute the indi…

(725 ILCS 215/8) (from Ch. 38, par. 1708) Sec. 8. The costs of impaneling a Statewide Grand Jury, and the costs and expenses incurred in the performance of its functions and duties, shall be paid by the county in which it sits. The county shall be reimbursed for such costs and ex…

(725 ILCS 215/9) (from Ch. 38, par. 1709) Sec. 9. No provision of this Act shall be construed as limiting the jurisdiction of county grand juries or State's Attorneys, nor shall an investigation by a Statewide Grand Jury be deemed to preempt an investigation by any other grand ju…

(725 ILCS 220/1) (from Ch. 38, par. 156-1) Sec. 1. "Witness" as used in this Act shall include a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding. The word "summons" shall include a subpoena (b…

(725 ILCS 220/2) (from Ch. 38, par. 156-2) Sec. 2. Summoning witness in this state to testify in another state. If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state certifies…

(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 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 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 220/6) (from Ch. 38, par. 156-6) Sec. 6. Short title. This Act may be cited as the Uniform Act to Secure the Attendance of Witnesses from Within or Without a State in Criminal Proceedings. (Source: Laws 1959, p. 2147.)

(725 ILCS 225/1) (from Ch. 60, par. 18) Sec. 1. Definitions. Where appearing in this Act, the term "Governor" includes any person performing the functions of Governor by authority of the law of this State. The term "Executive Authority" includes the Governor, and any person perfo…

(725 ILCS 225/10) (from Ch. 60, par. 27) Sec. 10. Rights of accused person: application for relief by habeas corpus: appeals. No person arrested upon such warrant shall be delivered over to the agent whom the Executive Authority demanding him shall have appointed to receive him u…

(725 ILCS 225/11) (from Ch. 60, par. 28) Sec. 11. Penalty for non-compliance with preceding section. Any officer who shall deliver to the agent for extradition of the demanding state a person in his custody under the Governor's warrant, in wilful disobedience to the last section,…

(725 ILCS 225/12) (from Ch. 60, par. 29) Sec. 12. Confinement in jail when necessary. The officer or persons executing the Governor's warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered may, when necessary, confine the prisoner in t…

(725 ILCS 225/13) (from Ch. 60, par. 30) Sec. 13. Arrest prior to requisition. Whenever any person within this State shall be charged on the oath of any credible person before any judge of this State with the commission of any crime in any other state and, except in cases arising…

(725 ILCS 225/14) (from Ch. 60, par. 31) Sec. 14. Arrest without a warrant. The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state with a cri…

(725 ILCS 225/15) (from Ch. 60, par. 32) Sec. 15. Commitment to await requisition; Bail. If from the examination before the judge it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under Section 6, that he ha…

(725 ILCS 225/16) (from Ch. 60, par. 33) Sec. 16. Bail; in what cases; conditions of bond. Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge in th…

(725 ILCS 225/17) (from Ch. 60, par. 34) Sec. 17. Extension of time of commitment; adjournment. If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond, a judge may discharge him or may recommit him for a further…

(725 ILCS 225/18) (from Ch. 60, par. 35) Sec. 18. Forfeiture of bail. If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond, the judge, by proper order, shall declare the bond forfeited and order his immediate arres…

(725 ILCS 225/19) (from Ch. 60, par. 36) Sec. 19. Persons under criminal prosecution in this state at time of requisition. If a criminal prosecution has been instituted against such person under the laws of this State and is still pending the Governor, in his discretion, either m…

(725 ILCS 225/2) (from Ch. 60, par. 19) Sec. 2. Fugitives from justice: duty of Governor. Subject to the provisions of this Act, the provisions of the Constitution of the United States controlling, and any and all acts of Congress enacted in pursuance thereof, it is the duty of t…

(725 ILCS 225/20) (from Ch. 60, par. 37) Sec. 20. Guilt or innocence of the accused, when inquired into. The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition acc…

(725 ILCS 225/21) (from Ch. 60, par. 38) Sec. 21. Governor may recall warrant or issue alias. The Governor may recall his warrant of arrest or may issue another warrant whenever he deems proper. (Source: Laws 1955, p. 1982.)

(725 ILCS 225/22) (from Ch. 60, par. 39) Sec. 22. Fugitives from this State; duty of Governors. Whenever the Governor of this State shall demand a person charged with crime or with escaping from confinement or breaking the terms of his or her bail, probation, aftercare release, o…

(725 ILCS 225/23) (from Ch. 60, par. 40) Sec. 23. Application for issuance of requisition; by whom made; contents. I. When the return to this State of a person charged with crime in this State is required, the prosecuting attorney shall present to the Governor his written applica…

(725 ILCS 225/24) (from Ch. 60, par. 41) Sec. 24. Costs and expenses. When the punishment of the crime shall be the confinement of the criminal in the penitentiary, the expenses shall be paid out of the state treasury, on the certificate of the Governor and warrant of the State C…

(725 ILCS 225/24.1) (from Ch. 60, par. 41.1) Sec. 24.1. Transportation of released prisoners. (a) Whenever a person is brought into this State on an extradition warrant or upon waiver of extradition to be tried for an offense within this State and is subsequently released from cu…

(725 ILCS 225/25) (from Ch. 60, par. 42) Sec. 25. Immunity from service of process in certain civil actions. A person brought into this State by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arisin…

(725 ILCS 225/26) (from Ch. 60, par. 43) Sec. 26. Written waiver of extradition proceedings. Any person arrested in this State charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of his bail, probation or parol…

(725 ILCS 225/27) (from Ch. 60, par. 44) Sec. 27. Non-Waiver by this State. Nothing in this Act contained shall be deemed to constitute a waiver by this State of its right, power or privilege to try such demanded person for crime committed within this State, or of its right, powe…

(725 ILCS 225/28) (from Ch. 60, par. 45) Sec. 28. No right of asylum. No immunity from other criminal prosecutions while in this state. After a person has been brought back to this State by, or after waiver of extradition proceedings, he may be tried in this State for other crime…

(725 ILCS 225/29) (from Ch. 60, par. 46) Sec. 29. Interpretation. The provisions of this Act shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those states which enact it. (Source: Laws 1955, p. 1982.)

(725 ILCS 225/3) (from Ch. 60, par. 20) Sec. 3. Form of demand. No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing alleging, except in cases arising under Section 6, that the accused was present in t…

(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…