Illinois
Code of Criminal Procedure of 1963 (725 ILCS 5)
425 sections, each with the official text and a plain-English explanation of what it means for you.
- § 100-1 — Short title
- § 100-2 — Scope
- § 101-1 — General purposes
- § 102-1 — Meanings of words and phrases
- § 102-10 — "Court"
- § 102-10.5 — "Felony"
- § 102-11 — "Indictment"
- § 102-12 — "Information"
- § 102-13 — "Judge"
- § 102-14 — "Judgment"
- § 102-14.5 — "Misdemeanor"
- § 102-15 — "Offense"
- § 102-16 — "Parole"
- § 102-17 — "Preliminary examination"
- § 102-18 — "Probation"
- § 102-19 — "Recognizance"
- § 102-2 — Reference to criminal code for words and phrases not described
- § 102-20 — "Sentence"
- § 102-21 — Clinical psychologist; court-appointed examiner
- § 102-22 — "Facility director", for the purposes of Article 104, means the chief officer of a mental health or developmental disabilities facility or his or her designee or the supervisor of a program of treatment or habilitation or his or her designee
- § 102-23 — "Person with a moderate intellectual disability" means a person whose intelligence quotient is between 41 and 55 and who
- § 102-3 — Singular term includes plural-Gender
- § 102-3.5 — "Aftercare release"
- § 102-4 — "Arraignment"
- § 102-5 — "Arrest"
- § 102-6 — Pretrial release
- § 102-7 — Conditions of pretrial release
- § 102-7.1 — "Category A offense"
- § 102-7.2 — "Category B offense"
- § 102-8 — "Charge"
- § 102-9 — "Complaint"
- § 103-1 — Rights on arrest
- § 103-2 — Treatment while in custody
- § 103-2.1 — When statements by accused may be used
- § 103-2.2 — Prohibition of deceptive tactics
- § 103-3 — (Repealed).
- § 103-3.5 — Right to communicate with attorney and family; transfers; presumption of inadmissibility
- § 103-4 — Right to consult with attorney
- § 103-5 — Speedy trial.) (a) Every person in custody in this State for an alleged offense shall be tried by the court having jurisdiction within 120 days from the date he or she was taken into custody unless delay is occasioned by the defendant, by an examination for fitness ordered pursuant to Section 104-13
- § 103-6 — Waiver of jury trial
- § 103-7 — Posting notice of rights
- § 103-8 — Mandatory duty of officers
- § 103-9 — Bail bondsmen
- § 104-10 — Presumption of Fitness; Fitness Standard.) A defendant is presumed to be fit to stand trial or to plead, and be sentenced
- § 104-11 — Raising issue; burden; fitness motions.) (a) The issue of the defendant's fitness for trial, to plead, or to be sentenced may be raised by the defense, the State or the Court at any appropriate time before a plea is entered or before, during, or after trial
- § 104-12 — Right to Jury.) The issue of the defendant's fitness may be determined in the first instance by the court or by a jury
- § 104-13 — Fitness examination
- § 104-14 — Use of Statements Made During Examination or Treatment.) (a) Statements made by the defendant and information gathered in the course of any examination or treatment ordered under Section 104-13, 104-17 or 104-20 shall not be admissible against the defendant unless he raises the defense of insanity o
- § 104-15 — Report
- § 104-16 — Fitness Hearing.) (a) The court shall conduct a hearing to determine the issue of the defendant's fitness within 45 days of receipt of the final written report of the person or persons conducting the examination or upon conclusion of the matter then pending before it, subject to continuances allowed
- § 104-17 — Commitment for treatment; treatment plan
- § 104-18 — Progress reports
- § 104-19 — Records.) Any report filed of record with the court concerning diagnosis, treatment or treatment plans made pursuant to
- § 104-20 — Ninety-day hearings; continuing treatment.) (a) Upon entry or continuation of any order to undergo treatment, the court shall set a date for hearing to reexamine the issue of the defendant's fitness not more than 90 days thereafter
- § 104-21 — Medication
- § 104-22 — Trial with special provisions and assistance.) (a) On motion of the defendant, the State or on the court's own motion, the court shall determine whether special provisions or assistance will render the defendant fit to stand trial as defined in Section 104-10
- § 104-23 — Unfit defendants
- § 104-24 — Time Credit
- § 104-25 — Discharge hearing
- § 104-26 — Disposition of Defendants suffering disabilities
- § 104-27 — Defendants Found Unfit Prior to this Article; Reports; Appointment of Counsel
- § 104-28 — Disposition of Defendants Found Unfit Prior to this Article
- § 104-29 — In the event of any conflict between this Article and the "Mental Health and Developmental Disabilities Code", the provi
- § 104-30 — Notice to Law Enforcement Agencies Regarding Release of Defendants
- § 104-31 — No defendant placed in a setting of the Department of Human Services pursuant to the provisions of Sections 104-17, 104-25, or 104-26 shall be permitted outside the facility's housing unit unless escorted or accompanied by personnel of the Department of Human Services or authorized by court order
- § 104-32 — Fitness to Stand Trial Task Force
- § 104A-1 — Eligibility
- § 104A-2 — Rulemaking
- § 104A-3 — Procedure
- § 104A-4 — Mental health and substance use treatment
- § 106-1 — Granting of immunity.) In any investigation before a Grand Jury, or trial in any court, the court on motion of the State
- § 106-2 — Effect of immunity
- § 106-2.5 — Use immunity
- § 106-3 — Refusal to testify
- § 106B-1 — (Repealed).
- § 106B-10 — Conditions for testimony by a victim or witness who is under 18 years of age or an intellectually disabled person or a person affected by a developmental disability
- § 106B-5 — Testimony by a victim who is a child or a person with a moderate, severe, or profound intellectual disability or a person affected by a developmental disability
- § 106C-1 — (Repealed).
- § 106C-2 — (Repealed).
- § 106D-1 — Defendant's appearance by two-way audio-visual communication system
- § 106D-5 — Pilot project; reporting
- § 106E-10 — (Repealed).
- § 106E-15 — (Repealed).
- § 106E-5 — (Repealed).
- § 106G-5 — Commission on Children of Incarcerated Parents created
- § 107-1 — Definitions
- § 107-10 — Defective warrant
- § 107-11 — When summons may be issued
- § 107-12 — Notice to appear
- § 107-13 — Offenses committed by corporations
- § 107-14 — Temporary questioning without arrest
- § 107-15 — Fresh pursuit
- § 107-16 — Apprehension of offender
- § 107-2 — Arrest by peace officer
- § 107-3 — Arrest by private person
- § 107-4 — Arrest by peace officer from other jurisdiction
- § 107-5 — Method of arrest
- § 107-6 — Release by officer of person arrested
- § 107-7 — Persons exempt from arrest
- § 107-8 — Assisting peace officer)
- § 107-9 — Issuance of arrest warrant upon complaint
- § 107A-0.1 — Definitions
- § 107A-10 — (Repealed).
- § 107A-2 — Lineup procedure
- § 107A-5 — (Repealed).
- § 108-1 — Search without warrant
- § 108-1.01 — Search during temporary questioning
- § 108-10 — Return to court of things seized
- § 108-11 — Disposition of things seized
- § 108-12 — Disposition of obscene material
- § 108-13 — When warrant may be executed
- § 108-14 — No warrant quashed for technicality
- § 108-2 — Custody and disposition of things seized
- § 108-3 — Grounds for search warrant
- § 108-4 — Issuance of search warrant
- § 108-5 — Persons authorized to execute search warrants
- § 108-6 — Execution of search warrants
- § 108-7 — Command of search warrant
- § 108-8 — Use of force in execution of search warrant
- § 108-9 — Detention and search of persons on premises
- § 108A-1 — Authorization for use of eavesdropping device
- § 108A-10 — Appeal by State
- § 108A-11 — Reports concerning use of eavesdropping devices
- § 108A-2 — Authorized Disclosure or Use of Information
- § 108A-3 — Procedure for Obtaining Judicial Approval of Use of Eavesdropping Device
- § 108A-4 — Grounds for Approval or Authorization
- § 108A-5 — Orders Authorizing Use of an Eavesdropping Device
- § 108A-6 — Emergency Exception to Procedures
- § 108A-7 — Retention and review of recordings
- § 108A-8 — Notice to Parties Overheard
- § 108A-9 — Motion to Suppress Contents of Recording, etc
- § 108B-1 — Definitions
- § 108B-1.5 — Retired law enforcement officer
- § 108B-10 — Applications, orders, and custody
- § 108B-11 — Inventory
- § 108B-12 — Approval, notice, suppression
- § 108B-13 — Reports concerning use of eavesdropping devices
- § 108B-14 — Training
- § 108B-2 — Request for application for interception
- § 108B-2a — Authorized disclosure or use of information
- § 108B-3 — Authorization for the interception of private communication
- § 108B-4 — Application for order of interception
- § 108B-5 — Requirements for order of interception
- § 108B-6 — Privileged communications
- § 108B-7 — Contents of order for use of eavesdropping device
- § 108B-7.5 — Applicability
- § 108B-8 — Emergency use of eavesdropping device
- § 108B-9 — Recordings, records and custody
- § 109-1 — Person arrested; release from law enforcement custody and court appearance; geographic constraints prevent in-person appearances
- § 109-1.1 — Whenever a person arrested either with or without a warrant is taken before a judge as provided for in Sections 107-9(d)(6) and 109-1(a), the judge shall ask the arrestee whether he or she has any children under 18 years old living with him or her who may be neglected as a result of the arrest, inca
- § 109-2 — Person arrested in another county
- § 109-3 — Preliminary examination
- § 109-3.1 — Persons charged with felonies
- § 110-1 — Definitions
- § 110-1.5 — Abolition of monetary bail
- § 110-10 — Conditions of pretrial release
- § 110-11 — Pretrial release on a new trial
- § 110-12 — Notice of change of address
- § 110-13 — (Repealed).
- § 110-14 — Credit toward fines for pretrial incarceration
- § 110-15 — (Repealed).
- § 110-16 — (Repealed).
- § 110-17 — (Repealed).
- § 110-18 — (Repealed).
- § 110-2 — Pretrial release
- § 110-3 — Options for warrant alternatives
- § 110-4 — (Repealed).
- § 110-5 — Determining the amount of bail and conditions of release
- § 110-5.1 — (Repealed).
- § 110-5.2 — Pretrial release; pregnant pre-trial detainee
- § 110-6 — Revocation of pretrial release, modification of conditions of pretrial release, and sanctions for violations of conditions of pretrial release
- § 110-6.1 — Denial of pretrial release
- § 110-6.2 — Post-conviction detention
- § 110-6.3 — (Repealed).
- § 110-6.4 — Statewide risk-assessment tool
- § 110-6.5 — (Repealed).
- § 110-6.6 — Appeals
- § 110-7 — (Repealed).
- § 110-7.5 — Previously deposited bail security
- § 110-8 — (Repealed).
- § 110-9 — (Repealed).
- § 111-1 — Methods of prosecution
- § 111-2 — Commencement of prosecutions
- § 111-3 — Form of charge
- § 111-4 — Joinder of offenses and defendants
- § 111-5 — Formal defects in a charge
- § 111-6 — Bill of particulars
- § 111-7 — Loss of charge
- § 111-8 — Orders of protection to prohibit domestic violence
- § 111-9 — Notification to forensic laboratories
- § 112-1 — Selection and qualification
- § 112-2 — Impaneling the Grand Jury
- § 112-3 — Duration of Grand Jury
- § 112-4 — Duties of Grand Jury and State's Attorney.) (a) The Grand Jury shall hear all evidence presented by the State's Attorney
- § 112-4.1 — Any person appearing before the grand jury shall have the right to be accompanied by counsel who shall advise him of his
- § 112-5 — Duties of others
- § 112-6 — Secrecy of proceedings.) (a) Only the State's Attorney, his reporter and any other person authorized by the court or by law may attend the sessions of the Grand Jury
- § 112-7 — A transcript shall be made of all questions asked of and answers given by witnesses before the grand jury.
- § 112-8 — Destroyed instrument
- § 112A-1 — (Repealed).