(725 ILCS 5/114-11)
(from Ch. 38, par. 114-11)
Motion to Suppress Confession.
(a) Prior to the trial of any criminal case a defendant may move to
suppress as evidence any confession given by him on the ground that it was
(b) The motion shall be in writing and state facts showing wherein the
confession is involuntary.
(c) If the allegations of the motion state facts which, if true, show
that the confession was not voluntarily made the court shall conduct a
hearing into the merits of the motion.
(d) The burden of going forward with the evidence and the burden of
proving that a confession was voluntary shall be on the State. Objection to
the failure of the State to call all material witnesses on the issue of
whether the confession was voluntary must be made in the trial court.
(e) The motion shall be made only before a court with jurisdiction to
try the offense.
(f) The issue of the admissibility of the confession shall not be
submitted to the jury. The circumstances surrounding the making of the
confession may be submitted to the jury as bearing upon the credibility or
the weight to be given to the confession.
(g) The motion shall be made before trial unless opportunity therefor
did not exist or the defendant was not aware of the grounds for the motion.
If the motion is made during trial, and the court determines that the
motion is not untimely, and the court conducts a hearing on the merits and
enters an order suppressing the confession, the court shall terminate the
trial with respect to every defendant who was a party to the hearing and
who was within the scope of the order of suppression, without further
proceedings, unless the State files a written notice that there will be no
interlocutory appeal from such order of suppression. In the event of such
termination, the court shall proceed with the trial of other defendants not
thus affected. Such termination of trial shall be proper and shall not bar
subsequent prosecution of the identical charges and defendants; however, if
after such termination the State fails to prosecute the interlocutory
appeal until a determination of the merits of the appeal by the reviewing
court, the termination shall be improper within the meaning of subparagraph
(a) (3) of Section 3-4 of the Criminal Code of 2012 and subsequent prosecution of such defendants upon such
charges shall be barred.
(Source: P.A. 97-1150, eff. 1-25-13.)