(725 ILCS 5/109-3)
(from Ch. 38, par. 109-3)
(a) The judge shall hold the defendant to answer to the court having
jurisdiction of the offense if from the evidence it appears there is
probable cause to believe an offense has been committed by the
defendant, as provided in Section 109-3.1 of this Code, if the offense is a felony.
(b) If the defendant waives preliminary examination the judge shall hold
him to answer and may, or on the demand of the prosecuting attorney shall,
cause the witnesses for the State to be examined. After hearing the
testimony if it appears that there is not probable cause to believe the
defendant guilty of any offense the judge shall discharge him.
(c) During the examination of any witness or when the defendant is
making a statement or testifying the judge may and on the request of the
defendant or State shall exclude all other witnesses. He may also cause the
witnesses to be kept separate and to be prevented from communicating with
each other until all are examined.
(d) If the defendant is held to answer the judge may require any
material witness for the State or defendant to enter into a written
undertaking to appear at the trial, and may provide for the forfeiture of a
sum certain in the event the witness does not appear at the trial. Any
witness who refuses to execute a recognizance may be committed by the judge
to the custody of the sheriff until trial or further order of the court
having jurisdiction of the cause. Any witness who executes a recognizance
and fails to comply with its terms shall, in addition to any forfeiture
provided in the recognizance, be subject to the penalty provided in Section
32-10 of the Criminal Code of 2012 for violation of bail bond.
(e) During preliminary hearing or examination the defendant may move for
an order of suppression of evidence pursuant to Section 114-11 or 114-12
of this Act or for other reasons, and may move for dismissal of the charge
pursuant to Section 114-1 of this Act or for other reasons.
(Source: P.A. 97-1150, eff. 1-25-13.)