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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

CRIMINAL PROCEDURE
(725 ILCS 5/) Code of Criminal Procedure of 1963.

725 ILCS 5/122-6

    (725 ILCS 5/122-6) (from Ch. 38, par. 122-6)
    Sec. 122-6. Disposition in trial court. The court may receive proof by affidavits, depositions, oral testimony, or other evidence. In its discretion the court may order the petitioner brought before the court for the hearing. If the court finds in favor of the petitioner, it shall enter an appropriate order with respect to the judgment or sentence in the former proceedings and such supplementary orders as to rearraignment, retrial, custody, conditions of pretrial release or discharge as may be necessary and proper.
(Source: P.A. 101-652, eff. 1-1-23.)

725 ILCS 5/122-7

    (725 ILCS 5/122-7) (from Ch. 38, par. 122-7)
    Sec. 122-7. Any final judgment entered upon such petition shall be reviewed in a manner pursuant to the rules of the Supreme Court.
(Source: P.A. 79-917.)

725 ILCS 5/122-8

    (725 ILCS 5/122-8)
    Sec. 122-8. (Repealed).
(Source: P.A. 83-942. Repealed by P.A. 96-1200, eff. 7-22-10.)

725 ILCS 5/122-9

    (725 ILCS 5/122-9)
    Sec. 122-9. Motion to resentence by the People.
    (a) The purpose of sentencing is to advance public safety through punishment, rehabilitation, and restorative justice. By providing a means to reevaluate a sentence after some time has passed, the General Assembly intends to provide the State's Attorney and the court with another tool to ensure that these purposes are achieved.
    (b) At any time upon the recommendation of the State's Attorney of the county in which the defendant was sentenced, the State's Attorney may petition the sentencing court or the sentencing court's successor to resentence the offender if the original sentence no longer advances the interests of justice. The sentencing court or the sentencing court's successor may resentence the offender if it finds that the original sentence no longer advances the interests of justice.
    (c) Upon the receipt of a petition for resentencing, the court may resentence the defendant in the same manner as if the offender had not previously been sentenced; however, the new sentence, if any, may not be greater than the initial sentence.
    (d) The court may consider postconviction factors, including, but not limited to, the inmate's disciplinary record and record of rehabilitation while incarcerated; evidence that reflects whether age, time served, and diminished physical condition, if any, have reduced the inmate's risk for future violence; and evidence that reflects changed circumstances since the inmate's original sentencing such that the inmate's continued incarceration no longer serves the interests of justice. Credit shall be given for time served.
    (e) Victims shall be afforded all rights as outlined in the Rights of Crime Victims and Witnesses Act.
    (f) A resentencing under this Section shall not reopen the defendant's conviction to challenges that would otherwise be barred.
    (g) Nothing in this Section shall be construed to limit the power of the Governor under the Constitution to grant a reprieve, commutation of sentence, or pardon.
(Source: P.A. 102-102, eff. 1-1-22; 102-813, eff. 5-13-22.)

725 ILCS 5/123

    (725 ILCS 5/123)
    Sec. 123. (Renumbered).
(Source: P.A. 102-102, eff. 1-1-22. Renumbered by P.A. 102-813, eff. 5-13-22.)

725 ILCS 5/Tit. VIII

 
    (725 ILCS 5/Tit. VIII heading)
TITLE VIII. MISCELLANEOUS

725 ILCS 5/Art. 124A

 
    (725 ILCS 5/Art. 124A heading)
ARTICLE 124A. LIENS AND COSTS

725 ILCS 5/124A-5

    (725 ILCS 5/124A-5)
    Sec. 124A-5. Judgment for costs of prosecution.
    (a) Except as otherwise provided in subsection (b), when a person is convicted of an offense under a statute, or at common law, the court shall enter judgment that the offender pay the costs of the prosecution. The costs shall include reasonable costs incurred by the Sheriff for serving arrest warrants, for picking up the offender from a county other than the one in which he or she was convicted, and for picking up the offender from a location outside the State of Illinois pursuant either to his or her extradition or to his or her waiver of extradition.
    (b) During the first 180 days following a person's release from a penal institution, a court shall not order the person to pay any outstanding fines, taxes, or costs arising from a criminal proceeding involving the person.
(Source: P.A. 103-254, eff. 1-1-24.)

725 ILCS 5/124A-10

    (725 ILCS 5/124A-10)
    Sec. 124A-10. Lien. The property, real and personal, of a person who is convicted of an offense shall be bound, and a lien is created on the property, both real and personal, of every offender, not exempt from the enforcement of a judgment or attachment, from the time of finding the indictment at least so far as will be sufficient to pay the fine and costs of prosecution. The clerk of the court in which the conviction is had shall upon the expiration of 30 days after judgment is entered issue a certified copy of the judgment for any fine that remains unpaid, and all costs of conviction remaining unpaid. Unless a court ordered payment schedule is implemented, the clerk of the court may add to any judgment a delinquency amount equal to 5% of the unpaid fines, costs, fees, and penalties that remain unpaid after 30 days, 10% of the unpaid fines, costs, fees, and penalties that remain unpaid after 60 days, and 15% of the unpaid fines, costs, fees, and penalties that remain unpaid after 90 days. Notice to those parties affected may be made by signage posting or publication. The clerk of the court may also after a period of 90 days release to credit reporting agencies, information regarding unpaid amounts. The additional delinquency amounts collected under this Section shall be used to defray additional administrative costs incurred by the clerk of the court in collecting unpaid fines, costs, fees, and penalties. The certified copy of the judgment shall state the day on which the arrest was made or indictment found, as the case may be. Enforcement of the judgment may be directed to the proper officer of any county in this State. The officer to whom the certified copy of the judgment is delivered shall levy the judgment upon all the estate, real and personal, of the defendant (not exempt from enforcement) possessed by him or her on the day of the arrest or finding the indictment, as stated in the certified copy of the judgment and any such property subsequently acquired; and the property so levied upon shall be advertised and sold in the same manner as in civil cases, with the like rights to all parties that may be interested in the property. It is not an objection to the selling of any property under the judgment that the defendant is in custody for the fine or costs, or both.
(Source: P.A. 92-653, eff. 1-1-03.)

725 ILCS 5/124A-15

    (725 ILCS 5/124A-15)
    Sec. 124A-15. Reversal of conviction; refund of fines, fees, and costs.
    (a) A defendant convicted in a criminal prosecution whose conviction is reversed by a finding of factual innocence in a collateral proceeding such as habeas corpus or post-conviction relief under Article 122 of this Code is not liable for any costs or fees of the court or circuit clerk's office, or for any charge of subsistence while detained in custody. If the defendant has paid any costs, fine, or fees, in the case, a refund of those costs shall be determined by the judge and paid by the clerk of the court. The timing of the refund payment shall be determined by the clerk of the court based upon the availability of funds in the subject fund account.
    (b) To receive a refund under this Section, a defendant must submit a request for the refund to the clerk of the court on a form and in a manner prescribed by the clerk. The defendant must attach to the form an order from the court demonstrating the defendant's right to the refund and the amount of the refund.
(Source: P.A. 98-943, eff. 1-1-15; 99-883, eff. 1-1-17.)

725 ILCS 5/124A-20

    (725 ILCS 5/124A-20)
    Sec. 124A-20. Assessment waiver.
    (a) As used in this Section:
    "Assessments" means any costs imposed on a criminal defendant under Article 15 of the Criminal and Traffic Assessment Act, but does not include violation of the Illinois Vehicle Code assessments except as provided in subsection (a-5).
    "Indigent person" means any person who meets one or more of the following criteria:
        (1) He or she is receiving assistance under one or
    
more of the following means-based governmental public benefits programs: Supplemental Security Income; Aid to the Aged, Blind and Disabled; Temporary Assistance for Needy Families; Supplemental Nutrition Assistance Program; General Assistance; Transitional Assistance; or State Children and Family Assistance.
        (2) His or her available personal income is 200% or
    
less of the current poverty level, unless the applicant's assets that are not exempt under Part 9 or 10 of Article XII of the Code of Civil Procedure are of a nature and value that the court determines that the applicant is able to pay the assessments.
        (3) He or she is, in the discretion of the court,
    
unable to proceed in an action with payment of assessments and whose payment of those assessments would result in substantial hardship to the person or his or her family.
    "Poverty level" means the current poverty level as established by the United States Department of Health and Human Services.
    (a-5) In a county having a population of more than 3,000,000, "assessments" means any costs imposed on a criminal defendant under Article 15 of the Criminal and Traffic Assessment Act, including violation of the Illinois Vehicle Code assessments. This subsection is inoperative on and after July 1, 2024.
    (b) For criminal offenses reflected in Schedules 1, 3, 4, 5, 7, and 8 of Article 15 of the Criminal and Traffic Assessment Act, upon the application of any defendant, after the commencement of an action, but no later than 30 days after sentencing:
        (1) If the court finds that the applicant is an
    
indigent person, the court shall grant the applicant a full assessment waiver exempting him or her from the payment of any assessments.
        (2) The court shall grant the applicant a partial
    
assessment as follows:
            (A) 75% of all assessments shall be waived if the
        
applicant's available income is greater than 200% but no more than 250% of the poverty level, unless the applicant's assets that are not exempt under Part 9 or 10 of Article XII of the Code of Civil Procedure are such that the applicant is able, without undue hardship, to pay the total assessments.
            (B) 50% of all assessments shall be waived if the
        
applicant's available income is greater than 250% but no more than 300% of the poverty level, unless the applicant's assets that are not exempt under Part 9 or 10 of Article XII of the Code of Civil Procedure are such that the court determines that the applicant is able, without undue hardship, to pay a greater portion of the assessments.
            (C) 25% of all assessments shall be waived if the
        
applicant's available income is greater than 300% but no more than 400% of the poverty level, unless the applicant's assets that are not exempt under Part 9 or 10 of Article XII of the Code of Civil Procedure are such that the court determines that the applicant is able, without undue hardship, to pay a greater portion of the assessments.
    (b-5) For traffic and petty offenses reflected in Schedules 2, 6, 9, 10, and 13 of Article 15 of the Criminal and Traffic Assessment Act, upon the application of any defendant, after the commencement of an action, but no later than 30 days after sentencing, the court shall grant the applicant a partial assessment as follows:
        (1) 50% of all assessments shall be waived if the
    
court finds that the applicant is an indigent person or if the applicant's available income is not greater than 200% of the poverty level, unless the applicant's assets that are not exempt under Part 9 or 10 of Article XII of the Code of Civil Procedure are such that the applicant is able, without undue hardship, to pay the total assessments.
        (2) 37.5% of all assessments shall be waived if the
    
applicant's available income is greater than 200% but no more than 250% of the poverty level, unless the applicant's assets that are not exempt under Part 9 or 10 of Article XII of the Code of Civil Procedure are such that the applicant is able, without undue hardship, to pay the total assessments.
        (3) 25% of all assessments shall be waived if the
    
applicant's available income is greater than 250% but no more than 300% of the poverty level, unless the applicant's assets that are not exempt under Part 9 or 10 of Article XII of the Code of Civil Procedure are such that the court determines that the applicant is able, without undue hardship, to pay a greater portion of the assessments.
        (4) 12.5% of all assessments shall be waived if the
    
applicant's available income is greater than 300% but no more than 400% of the poverty level, unless the applicant's assets that are not exempt under Part 9 or 10 of Article XII of the Code of Civil Procedure are such that the court determines that the applicant is able, without undue hardship, to pay a greater portion of the assessments.
    (c) An application for a waiver of assessments shall be in writing, signed by the defendant or, if the defendant is a minor, by another person having knowledge of the facts, and filed no later than 30 days after sentencing. The contents of the application for a waiver of assessments, and the procedure for deciding the applications, shall be established by Supreme Court Rule. Factors to consider in evaluating an application shall include:
        (1) the applicant's receipt of needs based
    
governmental public benefits, including Supplemental Security Income (SSI); Aid to the Aged, Blind and Disabled (AABD); Temporary Assistance for Needy Families (TANF); Supplemental Nutrition Assistance Program (SNAP or "food stamps"); General Assistance; Transitional Assistance; or State Children and Family Assistance;
        (2) the employment status of the applicant and amount
    
of monthly income, if any;
        (3) income received from the applicant's pension,
    
Social Security benefits, unemployment benefits, and other sources;
        (4) income received by the applicant from other
    
household members;
        (5) the applicant's monthly expenses, including
    
rent, home mortgage, other mortgage, utilities, food, medical, vehicle, childcare, debts, child support, and other expenses; and
        (6) financial affidavits or other similar supporting
    
documentation provided by the applicant showing that payment of the imposed assessments would result in substantial hardship to the applicant or the applicant's family.
    (d) The clerk of court shall provide the application for a waiver of assessments to any defendant who indicates an inability to pay the assessments. The clerk of the court shall post in a conspicuous place in the courthouse a notice, no smaller than 8.5 x 11 inches and using no smaller than 30-point typeface printed in English and in Spanish, advising criminal defendants they may ask the court for a waiver of any court ordered assessments. The notice shall be substantially as follows:
        "If you are unable to pay the required assessments,
    
you may ask the court to waive payment of them. Ask the clerk of the court for forms."
    (e) For good cause shown, the court may allow an applicant whose application is denied or who receives a partial assessment waiver to defer payment of the assessments, make installment payments, or make payment upon reasonable terms and conditions stated in the order.
    (f) Nothing in this Section shall be construed to affect the right of a party to court-appointed counsel, as authorized by any other provision of law or by the rules of the Illinois Supreme Court.
    (g) The provisions of this Section are severable under Section 1.31 of the Statute on Statutes.
(Source: P.A. 102-558, eff. 8-20-21; 102-620, eff. 8-27-21.)

725 ILCS 5/Art. 124B

 
    (725 ILCS 5/Art. 124B heading)
ARTICLE 124B. FORFEITURE
(Source: P.A. 96-712, eff. 1-1-10.)

725 ILCS 5/Art. 124B Pt. 5

 
    (725 ILCS 5/Art. 124B Pt. 5 heading)
Part 5. General Provisions
(Source: P.A. 96-712, eff. 1-1-10.)

725 ILCS 5/124B-5

    (725 ILCS 5/124B-5)
    Sec. 124B-5. Purpose and scope. The purpose of this Article is to set forth in one place the provisions relating to forfeiture of property in connection with violations of certain criminal statutes. Part 100 of this Article sets forth standard provisions that apply to these forfeiture proceedings. In Parts 300 and following, for each type of criminal violation, this Article sets forth (i) provisions that apply to forfeiture only in connection with that type of violation and (ii) by means of incorporation by reference, the standard forfeiture provisions that apply to that type of violation.
(Source: P.A. 96-712, eff. 1-1-10.)

725 ILCS 5/124B-10

    (725 ILCS 5/124B-10)
    Sec. 124B-10. Applicability; offenses. This Article applies to forfeiture of property in connection with the following:
        (1) A violation of Section 10-9 or 10A-10 of the
    
Criminal Code of 1961 or the Criminal Code of 2012 (involuntary servitude; involuntary servitude of a minor; or trafficking in persons).
        (2) A violation of subdivision (a)(1) of Section
    
11-14.4 of the Criminal Code of 1961 or the Criminal Code of 2012 (promoting juvenile prostitution) or a violation of Section 11-17.1 of the Criminal Code of 1961 (keeping a place of juvenile prostitution).
        (3) A violation of subdivision (a)(4) of Section
    
11-14.4 of the Criminal Code of 1961 or the Criminal Code of 2012 (promoting juvenile prostitution) or a violation of Section 11-19.2 of the Criminal Code of 1961 (exploitation of a child).
        (4) A second or subsequent violation of Section 11-20
    
of the Criminal Code of 1961 or the Criminal Code of 2012 (obscenity).
        (5) A violation of Section 11-20.1 of the Criminal
    
Code of 1961 or the Criminal Code of 2012 (child pornography).
        (6) A violation of Section 11-20.1B or 11-20.3 of the
    
Criminal Code of 1961 (aggravated child pornography).
        (6.5) A violation of Section 11-23.5 of the Criminal
    
Code of 2012.
        (7) A violation of Section 12C-65 of the Criminal
    
Code of 2012 or Article 44 of the Criminal Code of 1961 (unlawful transfer of a telecommunications device to a minor).
        (8) A violation of Section 17-50 or Section 16D-5 of
    
the Criminal Code of 2012 or the Criminal Code of 1961 (computer fraud).
        (9) A felony violation of Section 17-6.3 or Article
    
17B of the Criminal Code of 2012 or the Criminal Code of 1961 (WIC fraud).
        (10) A felony violation of Section 48-1 of the
    
Criminal Code of 2012 or Section 26-5 of the Criminal Code of 1961 (dog fighting).
        (11) A violation of Article 29D of the Criminal Code
    
of 1961 or the Criminal Code of 2012 (terrorism).
        (12) A felony violation of Section 4.01 of the Humane
    
Care for Animals Act (animals in entertainment).
(Source: P.A. 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-1138, eff. 6-1-15.)

725 ILCS 5/124B-15

    (725 ILCS 5/124B-15)
    Sec. 124B-15. Applicability; actions. This Article applies to actions pending on the effective date of this amendatory Act of the 96th General Assembly as well as actions commenced on or after that date.
(Source: P.A. 96-712, eff. 1-1-10.)

725 ILCS 5/Art. 124B Pt. 100

 
    (725 ILCS 5/Art. 124B Pt. 100 heading)
Part 100. Standard Forfeiture Provisions
(Source: P.A. 96-712, eff. 1-1-10.)

725 ILCS 5/124B-100

    (725 ILCS 5/124B-100)
    Sec. 124B-100. Definition; "offense". For purposes of this Article, "offense" is defined as follows:
        (1) In the case of forfeiture authorized under
    
Section 10A-15 of the Criminal Code of 1961 or Section 10-9 of the Criminal Code of 2012, "offense" means the offense of involuntary servitude, involuntary servitude of a minor, or trafficking in persons in violation of Section 10-9 or 10A-10 of those Codes.
        (2) In the case of forfeiture authorized under
    
subdivision (a)(1) of Section 11-14.4, or Section 11-17.1, of the Criminal Code of 1961 or the Criminal Code of 2012, "offense" means the offense of promoting juvenile prostitution or keeping a place of juvenile prostitution in violation of subdivision (a)(1) of Section 11-14.4, or Section 11-17.1, of those Codes.
        (3) In the case of forfeiture authorized under
    
subdivision (a)(4) of Section 11-14.4, or Section 11-19.2, of the Criminal Code of 1961 or the Criminal Code of 2012, "offense" means the offense of promoting juvenile prostitution or exploitation of a child in violation of subdivision (a)(4) of Section 11-14.4, or Section 11-19.2, of those Codes.
        (4) In the case of forfeiture authorized under
    
Section 11-20 of the Criminal Code of 1961 or the Criminal Code of 2012, "offense" means the offense of obscenity in violation of that Section.
        (5) In the case of forfeiture authorized under
    
Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012, "offense" means the offense of child pornography in violation of Section 11-20.1 of that Code.
        (6) In the case of forfeiture authorized under
    
Section 11-20.1B or 11-20.3 of the Criminal Code of 1961, "offense" means the offense of aggravated child pornography in violation of Section 11-20.1B or 11-20.3 of that Code.
        (7) In the case of forfeiture authorized under
    
Section 12C-65 of the Criminal Code of 2012 or Article 44 of the Criminal Code of 1961, "offense" means the offense of unlawful transfer of a telecommunications device to a minor in violation of Section 12C-65 or Article 44 of those Codes.
        (8) In the case of forfeiture authorized under
    
Section 17-50 or 16D-5 of the Criminal Code of 1961 or the Criminal Code of 2012, "offense" means the offense of computer fraud in violation of Section 17-50 or 16D-5 of those Codes.
        (9) In the case of forfeiture authorized under
    
Section 17-6.3 or Article 17B of the Criminal Code of 1961 or the Criminal Code of 2012, "offense" means any felony violation of Section 17-6.3 or Article 17B of those Codes.
        (10) In the case of forfeiture authorized under
    
Section 29D-65 of the Criminal Code of 1961 or the Criminal Code of 2012, "offense" means any offense under Article 29D of that Code.
        (11) In the case of forfeiture authorized under
    
Section 4.01 of the Humane Care for Animals Act, Section 26-5 of the Criminal Code of 1961, or Section 48-1 of the Criminal Code of 2012, "offense" means any felony offense under either of those Sections.
        (12) In the case of forfeiture authorized under
    
Section 124B-1000(b) of the Code of Criminal Procedure of 1963, "offense" means an offense in violation of the Criminal Code of 1961, the Criminal Code of 2012, the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act, or an offense involving a telecommunications device possessed by a person on the real property of any elementary or secondary school without authority of the school principal.
(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11; 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)

725 ILCS 5/124B-105

    (725 ILCS 5/124B-105)
    Sec. 124B-105. Definition; "conveyance". In this Article, "conveyance" means a vehicle, vessel, or aircraft.
(Source: P.A. 96-712, eff. 1-1-10.)

725 ILCS 5/124B-110

    (725 ILCS 5/124B-110)
    Sec. 124B-110. Definition; "owner". In this Article, "owner" means a person with an ownership interest in the specific property sought to be forfeited, including a leasehold, lien, mortgage, recorded security interest, or valid assignment of an ownership interest. "Owner" does not include any of the following:
        (1) A person with only a general unsecured interest
    
in, or claim against, the property or estate of another.
        (2) A bailee, unless the bailor is identified and the
    
bailee shows a colorable legitimate interest in the property seized.
        (3) A nominee who exercises no dominion or control
    
over the property.
(Source: P.A. 96-712, eff. 1-1-10.)

725 ILCS 5/124B-115

    (725 ILCS 5/124B-115)
    Sec. 124B-115. Definition; "person". In this Article, "person" means any individual, corporation, partnership, firm, organization, or association.
(Source: P.A. 96-712, eff. 1-1-10.)