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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/Art. 102

 
    (725 ILCS 5/Art. 102 heading)
ARTICLE 102. GENERAL DEFINITIONS

725 ILCS 5/102-1

    (725 ILCS 5/102-1) (from Ch. 38, par. 102-1)
    Sec. 102-1. Meanings of words and phrases.
    For the purposes of this Code, the words and phrases described in this Article have the meanings designated in this Article, except when a particular context clearly requires a different meaning.
(Source: Laws 1963, p. 2836.)

725 ILCS 5/102-2

    (725 ILCS 5/102-2) (from Ch. 38, par. 102-2)
    Sec. 102-2. Reference to criminal code for words and phrases not described. A word or phrase not described in this Code but which is described in Article 2 of the Criminal Code of 2012 shall have the meaning therein described, except when a particular context in this Code clearly requires a different meaning.
(Source: P.A. 97-1150, eff. 1-25-13.)

725 ILCS 5/102-3

    (725 ILCS 5/102-3) (from Ch. 38, par. 102-3)
    Sec. 102-3. Singular term includes plural-Gender.
    A singular term shall include the plural and the masculine gender shall include the feminine except when a particular context clearly requires a different meaning.
(Source: Laws 1963, p. 2836.)

725 ILCS 5/102-3.5

    (725 ILCS 5/102-3.5)
    Sec. 102-3.5. "Aftercare release". "Aftercare release" means the conditional and revocable release of a person committed to the Department of Juvenile Justice under the Juvenile Court Act of 1987, under the supervision of the Department of Juvenile Justice.
(Source: P.A. 98-558, eff. 1-1-14.)

725 ILCS 5/102-4

    (725 ILCS 5/102-4) (from Ch. 38, par. 102-4)
    Sec. 102-4. "Arraignment".
    "Arraignment" means the formal act of calling the defendant into open court, informing him of the offense with which he is charged, and asking him whether he is guilty or not guilty.
(Source: Laws 1963, p. 2836.)

725 ILCS 5/102-5

    (725 ILCS 5/102-5) (from Ch. 38, par. 102-5)
    Sec. 102-5. "Arrest".
    "Arrest" means the taking of a person into custody.
(Source: Laws 1963, p. 2836.)

725 ILCS 5/102-6

    (725 ILCS 5/102-6) (from Ch. 38, par. 102-6)
    Sec. 102-6. "Bail".
    "Bail" means the amount of money set by the court which is required to be obligated and secured as provided by law for the release of a person in custody in order that he will appear before the court in which his appearance may be required and that he will comply with such conditions as set forth in the bail bond.
(Source: Laws 1963, p. 2836.)

725 ILCS 5/102-7

    (725 ILCS 5/102-7) (from Ch. 38, par. 102-7)
    Sec. 102-7. "Bail bond".
    "Bail bond" means an undertaking secured by bail entered into by a person in custody by which he binds himself to comply with such conditions as are set forth therein.
(Source: Laws 1963, p. 2836.)

725 ILCS 5/102-7.1

    (725 ILCS 5/102-7.1)
    Sec. 102-7.1. "Category A offense". "Category A offense" means a Class 1 felony, Class 2 felony, Class X felony, first degree murder, a violation of Section 11-204 of the Illinois Vehicle Code, a second or subsequent violation of Section 11-501 of the Illinois Vehicle Code, a violation of subsection (d) of Section 11-501 of the Illinois Vehicle Code, a violation of Section 11-401 of the Illinois Vehicle Code if the accident results in injury and the person failed to report the accident within 30 minutes, a violation of Section 9-3, 9-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 11-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 12-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 24-3, 25-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a second or subsequent violation of 12-3.2 or 12-3.4 of the Criminal Code of 2012, a violation of paragraph (5) or (6) of subsection (b) of Section 10-9 of the Criminal Code of 2012, a violation of subsection (b) or (c) or paragraph (1) or (2) of subsection (a) of Section 11-1.50 of the Criminal Code of 2012, a violation of Section 12-7 of the Criminal Code of 2012 if the defendant inflicts bodily harm on the victim to obtain a confession, statement, or information, a violation of Section 12-7.5 of the Criminal Code of 2012 if the action results in bodily harm, a violation of paragraph (3) of subsection (b) of Section 17-2 of the Criminal Code of 2012, a violation of subdivision (a)(7)(ii) of Section 24-1 of the Criminal Code of 2012, a violation of paragraph (6) of subsection (a) of Section 24-1 of the Criminal Code of 2012, a first violation of Section 24-1.6 of the Criminal Code of 2012 by a person 18 years of age or older where the factors listed in both items (A) and (C) or both items (A-5) and (C) of paragraph (3) of subsection (a) of Section 24-1.6 of the Criminal Code of 2012 are present, a Class 3 felony violation of paragraph (1) of subsection (a) of Section 2 of the Firearm Owners Identification Card Act, or a violation of Section 10 of the Sex Offender Registration Act.
(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19.)

725 ILCS 5/102-7.2

    (725 ILCS 5/102-7.2)
    Sec. 102-7.2. "Category B offense". "Category B offense" means a business offense, petty offense, Class C misdemeanor, Class B misdemeanor, Class A misdemeanor, Class 3 felony, or Class 4 felony, which is not specified in Category A.
(Source: P.A. 100-1, eff. 1-1-18.)

725 ILCS 5/102-8

    (725 ILCS 5/102-8) (from Ch. 38, par. 102-8)
    Sec. 102-8. "Charge".
    "Charge" means a written statement presented to a court accusing a person of the commission of an offense and includes complaint, information and indictment.
(Source: Laws 1963, p. 2836.)

725 ILCS 5/102-9

    (725 ILCS 5/102-9) (from Ch. 38, par. 102-9)
    Sec. 102-9. "Complaint".
    "Complaint" means a verified written statement other than an information or an indictment, presented to a court, which charges the commission of an offense.
(Source: Laws 1963, p. 2836.)

725 ILCS 5/102-10

    (725 ILCS 5/102-10) (from Ch. 38, par. 102-10)
    Sec. 102-10. "Court".
    "Court" means a place where justice is judicially administered and includes a judge thereof.
(Source: P.A. 77-1286.)

725 ILCS 5/102-11

    (725 ILCS 5/102-11) (from Ch. 38, par. 102-11)
    Sec. 102-11. "Indictment".
    "Indictment" means a written statement, presented by the Grand Jury to a court, which charges the commission of an offense.
(Source: Laws 1963, p. 2836.)

725 ILCS 5/102-12

    (725 ILCS 5/102-12) (from Ch. 38, par. 102-12)
    Sec. 102-12. "Information".
    "Information" means a verified written statement signed by a State's Attorney, and presented to a court, which charges the commission of an offense.
(Source: Laws 1963, p. 2836.)

725 ILCS 5/102-13

    (725 ILCS 5/102-13) (from Ch. 38, par. 102-13)
    Sec. 102-13. "Judge".
    "Judge" means a person who is invested by law with the power to perform judicial functions and includes a court when a particular context so requires.
(Source: P.A. 77-1286.)

725 ILCS 5/102-14

    (725 ILCS 5/102-14) (from Ch. 38, par. 102-14)
    Sec. 102-14. "Judgment".
    "Judgment" means an adjudication by the court that the defendant is guilty or not guilty and if the adjudication is that the defendant is guilty it includes the sentence pronounced by the court.
(Source: Laws 1963, p. 2836.)

725 ILCS 5/102-15

    (725 ILCS 5/102-15) (from Ch. 38, par. 102-15)
    Sec. 102-15. "Offense".
    "Offense" means a violation of any penal statute of this State.
(Source: P.A. 76-1796.)

725 ILCS 5/102-16

    (725 ILCS 5/102-16) (from Ch. 38, par. 102-16)
    Sec. 102-16. "Parole". "Parole" means the conditional and revocable release of a person committed to the Department of Corrections under the supervision of a paroling authority.
(Source: P.A. 98-558, eff. 1-1-14.)

725 ILCS 5/102-17

    (725 ILCS 5/102-17) (from Ch. 38, par. 102-17)
    Sec. 102-17. "Preliminary examination".
    "Preliminary examination" means a hearing before a judge to determine if there is probable cause to believe that the person accused has committed an offense.
(Source: Laws 1963, p. 2836.)

725 ILCS 5/102-18

    (725 ILCS 5/102-18) (from Ch. 38, par. 102-18)
    Sec. 102-18. "Probation".
    "Probation" means a sentence or adjudication of conditional and revocable release under the supervision of a probation officer.
(Source: P.A. 77-2476.)

725 ILCS 5/102-19

    (725 ILCS 5/102-19) (from Ch. 38, par. 102-19)
    Sec. 102-19. "Recognizance".
    "Recognizance" means an undertaking without security entered into by a person by which he binds himself to comply with such conditions as are set forth therein and which may provide for the forfeiture of a sum set by the court on failure to comply with the conditions thereof.
(Source: Laws 1963, p. 2836.)

725 ILCS 5/102-20

    (725 ILCS 5/102-20) (from Ch. 38, par. 102-20)
    Sec. 102-20. "Sentence".
    "Sentence" is the disposition imposed on the defendant by the court.
(Source: P.A. 77-2476.)

725 ILCS 5/102-21

    (725 ILCS 5/102-21) (from Ch. 38, par. 102-21)
    Sec. 102-21. Clinical psychologist; court-appointed examiner.
    (a) "Clinical psychologist" means a psychologist licensed under the Clinical Psychologist Licensing Act.
    (b) "Court-appointed examiner" means a clinical social worker as defined in Section 9 of the Clinical Social Work and Social Work Practice Act.
(Source: P.A. 87-530.)

725 ILCS 5/102-22

    (725 ILCS 5/102-22)
    Sec. 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. "Designee" may include a physician, clinical psychologist, social worker, or nurse.
(Source: P.A. 90-105, eff. 7-11-97.)

725 ILCS 5/102-23

    (725 ILCS 5/102-23)
    Sec. 102-23. "Person with a moderate intellectual disability" means a person whose intelligence quotient is between 41 and 55 and who does not suffer from significant mental illness to the extent that the person's ability to exercise rational judgment is impaired.
(Source: P.A. 99-143, eff. 7-27-15.)