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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 5/112A-22.1 (725 ILCS 5/112A-22.1) Sec. 112A-22.1. Short form notification. (a) Instead of personal service of a protective order under Section 112A-22 of this Code, a sheriff, other law enforcement official, special process server, or personnel assigned by the Department of Corrections or Department of Juvenile Justice to investigate the alleged misconduct of committed persons or alleged violations of the person's conditions of parole, aftercare release, or mandatory supervised release, may serve a respondent with a short form notification. The short form notification shall include the following: (1) Respondent's name. (2) Respondent's date of birth, if known. (3) Petitioner's name. (4) Names of other protected parties. (5) Date and county in which the protective order was | | (6) Court file number.
(7) Hearing date and time, if known.
(8) Conditions that apply to the respondent, either
| | in checklist form or handwritten.
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| (b) The short form notification shall contain the following notice in bold print:
"The order is now enforceable. You must report to the office of the sheriff or the office of the circuit court in (name of county) County to obtain a copy of the order. You are subject to arrest and may be charged with a misdemeanor or felony if you violate any of the terms of the order."
(c) Upon verification of the identity of the respondent and the existence of an unserved order against the respondent, a sheriff or other law enforcement official may detain the respondent for a reasonable time necessary to complete and serve the short form notification.
(d) When service is made by short form notification under this Section, it may be proved by the affidavit of the person making the service.
(e) The Attorney General shall make the short form notification form available to law enforcement agencies in this State.
(Source: P.A. 100-597, eff. 6-29-18.)
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725 ILCS 5/112A-22.3 (725 ILCS 5/112A-22.3) Sec. 112A-22.3. Withdrawal or dismissal of charges or petition. (a) Voluntary dismissal or withdrawal of any delinquency petition or criminal prosecution or a finding of not guilty shall not require dismissal or vacation of the protective order; instead, at the request of the petitioner, petitioner's counsel, or the State's Attorney on behalf of the petitioner, it may be treated as an independent action and, if necessary and appropriate, transferred to a different court or division. Dismissal of any delinquency petition or criminal prosecution shall not affect the validity of any previously issued protective order. (b) Withdrawal or dismissal of any petition for a protective order shall operate as a dismissal without prejudice.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.) |
725 ILCS 5/112A-22.5
(725 ILCS 5/112A-22.5)
Sec. 112A-22.5.
(Repealed).
(Source: P.A. 91-903, eff. 1-1-01. Repealed by P.A. 100-199, eff. 1-1-18.)
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725 ILCS 5/112A-22.10
(725 ILCS 5/112A-22.10)
Sec. 112A-22.10. (Repealed).
(Source: P.A. 97-50, eff. 6-28-11; 98-558, eff. 1-1-14. Repealed by P.A. 100-199, eff. 1-1-18.)
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725 ILCS 5/112A-23
(725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
Sec. 112A-23. Enforcement of protective orders.
(a) When violation is crime. A violation of any protective order,
whether issued in a civil, quasi-criminal proceeding or by a military judge, shall be
enforced by a
criminal court when:
(1) The respondent commits the crime of violation of | | a domestic violence order of protection pursuant to Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, by having knowingly violated:
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(i) remedies described in paragraph (1), (2),
| | (3), (14), or (14.5) of subsection (b) of Section 112A-14 of this Code,
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(ii) a remedy, which is substantially similar to
| | the remedies authorized under paragraph (1), (2), (3), (14), or (14.5) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986, in a valid order of protection, which is authorized under the laws of another state, tribe, or United States territory, or
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(iii) any other remedy when the act constitutes a
| | crime against the protected parties as defined by the Criminal Code of 1961 or the Criminal Code of 2012.
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Prosecution for a violation of a domestic violence
| | order of protection shall not bar concurrent prosecution for any other crime, including any crime that may have been committed at the time of the violation of the domestic violence order of protection; or
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(2) The respondent commits the crime of child
| | abduction pursuant to Section 10-5 of the Criminal Code of 1961 or the Criminal Code of 2012, by having knowingly violated:
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(i) remedies described in paragraph (5), (6), or
| | (8) of subsection (b) of Section 112A-14 of this Code, or
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(ii) a remedy, which is substantially similar to
| | the remedies authorized under paragraph (1), (5), (6), or (8) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986, in a valid domestic violence order of protection, which is authorized under the laws of another state, tribe, or United States territory.
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(3) The respondent commits the crime of violation of
| | a civil no contact order when the respondent violates Section 12-3.8 of the Criminal Code of 2012. Prosecution for a violation of a civil no contact order shall not bar concurrent prosecution for any other crime, including any crime that may have been committed at the time of the violation of the civil no contact order.
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| (4) The respondent commits the crime of violation of
| | a stalking no contact order when the respondent violates Section 12-3.9 of the Criminal Code of 2012. Prosecution for a violation of a stalking no contact order shall not bar concurrent prosecution for any other crime, including any crime that may have been committed at the time of the violation of the stalking no contact order.
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| (b) When violation is contempt of court. A violation of any valid protective order, whether issued in a civil or criminal
proceeding or by a military judge, may be enforced through civil or criminal contempt procedures,
as appropriate, by any court with jurisdiction, regardless where the act or
acts which violated the protective order were committed, to the extent
consistent with the venue provisions of this Article. Nothing in this
Article shall preclude any Illinois court from enforcing any valid protective order issued in another state. Illinois courts may enforce protective orders through both criminal prosecution and contempt proceedings,
unless the action which is second in time is barred by collateral estoppel
or the constitutional prohibition against double jeopardy.
(1) In a contempt proceeding where the petition for a
| | rule to show cause sets forth facts evidencing an immediate danger that the respondent will flee the jurisdiction, conceal a child, or inflict physical abuse on the petitioner or minor children or on dependent adults in petitioner's care, the court may order the attachment of the respondent without prior service of the rule to show cause or the petition for a rule to show cause. Bond shall be set unless specifically denied in writing.
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(2) A petition for a rule to show cause for violation
| | of a protective order shall be treated as an expedited proceeding.
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(c) Violation of custody, allocation of parental responsibility, or support orders. A violation of remedies
described in paragraph (5), (6), (8), or (9) of subsection (b) of Section
112A-14 of this Code may be enforced by any remedy provided by Section 607.5 of
the Illinois Marriage and Dissolution of Marriage Act. The court may
enforce any order for support issued under paragraph (12) of subsection (b)
of Section 112A-14 of this Code in the manner provided for under Parts
V and VII of the
Illinois Marriage and Dissolution of Marriage Act.
(d) Actual knowledge. A protective order may be
enforced pursuant to this Section if the respondent violates the order
after the respondent has actual knowledge of its contents
as shown through one of the following means:
(1) (Blank).
(2) (Blank).
(3) By service of a protective order under subsection
| | (f) of Section 112A-17.5 or Section 112A-22 of this Code.
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(4) By other means demonstrating actual knowledge of
| | the contents of the order.
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(e) The enforcement of a protective order in civil or criminal court
shall not be affected by either of the following:
(1) The existence of a separate, correlative order
| | entered under Section 112A-15 of this Code.
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(2) Any finding or order entered in a conjoined
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(e-5) If a civil no contact order entered under subsection (6) of Section 112A-20 of the Code of Criminal Procedure of 1963 conflicts with an order issued pursuant to the Juvenile Court Act of 1987 or the Illinois Marriage and Dissolution of Marriage Act, the conflicting order issued under subsection (6) of Section 112A-20 of the Code of Criminal Procedure of 1963 shall be void.
(f) Circumstances. The court, when determining whether or not a
violation of a protective order has occurred, shall not require
physical manifestations of abuse on the person of the victim.
(g) Penalties.
(1) Except as provided in paragraph (3) of this
| | subsection (g), where the court finds the commission of a crime or contempt of court under subsection (a) or (b) of this Section, the penalty shall be the penalty that generally applies in such criminal or contempt proceedings, and may include one or more of the following: incarceration, payment of restitution, a fine, payment of attorneys' fees and costs, or community service.
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(2) The court shall hear and take into account
| | evidence of any factors in aggravation or mitigation before deciding an appropriate penalty under paragraph (1) of this subsection (g).
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(3) To the extent permitted by law, the court is
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(i) increase the penalty for the knowing
| | violation of any protective order over any penalty previously imposed by any court for respondent's violation of any protective order or penal statute involving petitioner as victim and respondent as defendant;
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(ii) impose a minimum penalty of 24 hours
| | imprisonment for respondent's first violation of any protective order; and
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(iii) impose a minimum penalty of 48 hours
| | imprisonment for respondent's second or subsequent violation of a protective order
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| unless the court explicitly finds that an increased
| | penalty or that period of imprisonment would be manifestly unjust.
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(4) In addition to any other penalties imposed for a
| | violation of a protective order, a criminal court may consider evidence of any violations of a protective order:
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(i) to modify the conditions of pretrial release
| | on an underlying criminal charge pursuant to Section 110-6 of this Code;
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(ii) to revoke or modify an order of probation,
| | conditional discharge, or supervision, pursuant to Section 5-6-4 of the Unified Code of Corrections;
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(iii) to revoke or modify a sentence of periodic
| | imprisonment, pursuant to Section 5-7-2 of the Unified Code of Corrections.
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(Source: P.A. 102-184, eff. 1-1-22; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 103-407, eff. 7-28-23.)
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725 ILCS 5/112A-24
(725 ILCS 5/112A-24) (from Ch. 38, par. 112A-24)
Sec. 112A-24. Modification, re-opening, and extension of orders.
(a) Except as
otherwise provided in this Section, upon motion by petitioner, petitioner's counsel, or the State's Attorney on behalf of the petitioner, the court
may modify a protective order:
(1) If respondent has abused petitioner since the | | hearing for that order, by adding or altering one or more remedies, as authorized by Section 112A-14, 112A-14.5, or 112A-14.7 of this Code; and
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(2) Otherwise, by adding any remedy authorized by
| | Section 112A-14, 112A-14.5, or 112A-14.7 which was:
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(i) reserved in that protective order;
(ii) not requested for inclusion in that
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(iii) denied on procedural grounds, but not on
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(a-5) A petitioner, petitioner's counsel, or the State's Attorney on the petitioner's behalf may file a motion to vacate or modify a final stalking no contact order. The motion shall be served in accordance with Supreme Court Rules 11 and 12.
(b) Upon motion by the petitioner, petitioner's counsel, State's Attorney, or respondent, the court may modify any
prior domestic violence order of protection's remedy for custody,
visitation or payment of
support in accordance with the relevant provisions of the Illinois Marriage
and Dissolution of Marriage Act.
(c) After 30 days following the entry of a protective order, a court may modify that order only when changes in the
applicable law or facts since that final order was entered warrant a
modification of its terms.
(d) (Blank).
(e) (Blank).
(f) (Blank).
(g) This Section does not limit the means, otherwise available by law, for vacating or modifying protective orders.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
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725 ILCS 5/112A-25
(725 ILCS 5/112A-25) (from Ch. 38, par. 112A-25)
Sec. 112A-25. Immunity from prosecution. Any individual or organization acting in good faith to report the abuse of
any person 60 years of age or older or to do any of the
following in complying with the provisions of this Article shall not be subject
to criminal prosecution or civil liability as a result of such action:
providing any information to the appropriate law enforcement agency,
providing that the giving of any information does not violate any
privilege of confidentiality under law; assisting in any investigation;
assisting in the preparation of any materials for distribution under this
Article; or by providing services ordered under a protective order.
(Source: P.A. 100-199, eff. 1-1-18 .)
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725 ILCS 5/112A-26
(725 ILCS 5/112A-26) (from Ch. 38, par. 112A-26)
Sec. 112A-26. Arrest without warrant.
(a) Any law enforcement officer may
make an arrest without
warrant if the officer has probable cause to believe that the person has
committed or is committing any crime, including but not limited to
violation of a domestic violence order of protection, under Section 12-3.4 or 12-30 of the Criminal
Code of 1961 or the Criminal Code of 2012, violation of a civil no contact order, under Section 11-1.75 of the Criminal Code of 2012, or violation of a stalking no contact order, under Section 12-7.5A of the Criminal Code of 2012, even if the crime was not committed in the presence of the
officer.
(b) The law enforcement officer may verify the existence of a protective order by telephone or radio communication with his or her law enforcement
agency or by referring to the copy of the order provided by petitioner
or respondent.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
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725 ILCS 5/112A-27
(725 ILCS 5/112A-27) (from Ch. 38, par. 112A-27)
Sec. 112A-27. Law enforcement policies. (a) Every law enforcement agency
shall develop, adopt, and implement written policies regarding arrest
procedures for domestic violence incidents consistent with the provisions
of this Article. In developing these policies, each law enforcement agency shall consult with community organizations and other law
enforcement agencies with expertise in recognizing and handling domestic
violence incidents. (b) In the initial training of new recruits and every 5 years in the continuing education of law enforcement officers, every law enforcement agency shall provide training to aid in understanding the actions of domestic violence victims and abusers and to prevent further victimization of those who have been abused, focusing specifically on looking beyond the physical evidence to the psychology of domestic violence situations, such as the dynamics of the aggressor-victim relationship, separately evaluating claims where both parties claim to be the victim, and long-term effects. The Law Enforcement Training Standards Board shall formulate and administer the training under this subsection (b) as part of the current programs for both new recruits and active law enforcement officers. The Board shall formulate the training by July 1, 2017, and implement the training statewide by July 1, 2018. In formulating the training, the Board shall work with community organizations with expertise in domestic violence to determine which topics to include. The Law Enforcement Training Standards Board shall oversee the implementation and continual administration of the training.
(Source: P.A. 99-810, eff. 1-1-17 .)
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725 ILCS 5/112A-28
(725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)
Sec. 112A-28. Data maintenance by law enforcement agencies.
(a) All sheriffs shall furnish to the Illinois State Police, daily, in
the form and detail the Illinois State Police requires, copies of any recorded protective orders issued by the court, and any foreign protective orders, including, but not limited to, an order of protection issued by a military judge, filed by
the clerk of the court, and transmitted to the sheriff by the clerk of the
court. Each protective order shall be entered in the Law Enforcement Agencies
Data System on the same day it is issued by the court.
(b) The Illinois State Police shall maintain a complete and systematic
record and index of all valid and recorded protective orders issued or
filed under this Act. The data shall be used to inform all dispatchers
and law enforcement officers at the scene of an alleged incident of abuse or
violation of a protective order of any recorded prior incident of abuse
involving the abused party and the effective dates and terms of any recorded
protective order.
(c) The data, records and transmittals required under this Section shall
pertain to: (1) any valid emergency, interim or plenary domestic | | violence order of protection, civil no contact or stalking no contact order issued in a civil proceeding; and
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| (2) any valid ex parte or final protective order
| | issued in a criminal proceeding or authorized under the laws of another state, tribe, or United States territory.
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(Source: P.A. 102-538, eff. 8-20-21; 102-890, eff. 5-19-22; 103-407, eff. 7-28-23.)
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725 ILCS 5/112A-29
(725 ILCS 5/112A-29) (from Ch. 38, par. 112A-29)
Sec. 112A-29.
Reports by law enforcement officers.
(a) Every law enforcement
officer investigating an alleged incident of abuse
between family or household
members shall make a written police report of any bona fide allegation and
the disposition of such investigation. The police report shall include
the victim's statements as to the frequency and severity of prior incidents
of abuse by the same family or household
member and the number of prior
calls for police assistance to prevent such further abuse.
(b) Every police report completed pursuant to this Section shall be recorded
and compiled as a domestic crime within the meaning of Section 5.1 of the
Criminal Identification Act.
(Source: P.A. 87-1186.)
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725 ILCS 5/112A-30
(725 ILCS 5/112A-30) (from Ch. 38, par. 112A-30)
Sec. 112A-30. Assistance by law enforcement officers.
(a) Whenever a law enforcement officer has reason to believe that a person
has been abused by a family or household member, the officer shall immediately
use all reasonable means to prevent further abuse, including:
(1) Arresting the abusing party, where appropriate;
(2) If there is probable cause to believe that | | particular weapons were used to commit the incident of abuse, subject to constitutional limitations, seizing and taking inventory of the weapons;
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(3) Accompanying the victim of abuse to his or her
| | place of residence for a reasonable period of time to remove necessary personal belongings and possessions;
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(4) Offering the victim of abuse immediate and
| | adequate information (written in a language appropriate for the victim or in Braille or communicated in appropriate sign language), which shall include a summary of the procedures and relief available to victims of abuse under this Article and the officer's name and badge number;
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(5) Providing the victim with one referral to an
| | accessible service agency;
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(6) Advising the victim of abuse about seeking
| | medical attention and preserving evidence (specifically including photographs of injury or damage and damaged clothing or other property); and
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(7) Providing or arranging accessible transportation
| | for the victim of abuse (and, at the victim's request, any minors or dependents in the victim's care) to a medical facility for treatment of injuries or to a nearby place of shelter or safety; or, after the close of court business hours, providing or arranging for transportation for the victim (and, at the victim's request, any minors or dependents in the victim's care) to the nearest available circuit judge or associate judge so the victim may file a petition for an emergency order of protection under Section 217 of the Illinois Domestic Violence Act of 1986. When a victim of abuse chooses to leave the scene of the offense, it shall be presumed that it is in the best interests of any minors or dependents in the victim's care to remain with the victim or a person designated by the victim, rather than to remain with the abusing party.
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(b) Whenever a law enforcement officer does not exercise arrest powers
or otherwise initiate criminal proceedings, the officer shall:
(1) Make a police report of the investigation of any
| | bona fide allegation of an incident of abuse and the disposition of the investigation, in accordance with subsection (a) of Section 112A-29;
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(2) Inform the victim of abuse of the victim's right
| | to request that a criminal proceeding be initiated where appropriate, including specific times and places for meeting with the State's Attorney's office, a warrant officer, or other official in accordance with local procedure; and
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(3) Advise the victim of the importance of seeking
| | medical attention and preserving evidence (specifically including photographs of injury or damage and damaged clothing or other property).
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(c) Except as provided by Section 24-6 of the Criminal Code of 2012 or
under a court order, any weapon seized under subsection (a)(2) shall be
returned forthwith to the person from whom it was seized when it is no longer
needed for evidentiary purposes.
(Source: P.A. 100-199, eff. 1-1-18 .)
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725 ILCS 5/112A-31
(725 ILCS 5/112A-31) (from Ch. 38, par. 112A-31)
Sec. 112A-31.
Limited law enforcement liability.
Any act of omission or
commission by any law enforcement officer acting in good faith in rendering
emergency assistance or otherwise enforcing this Article shall not impose civil
liability upon the law enforcement officer or his or her supervisor or
employer,
unless the act is a result of willful or wanton misconduct.
(Source: P.A. 87-1186.)
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725 ILCS 5/Tit. V
(725 ILCS 5/Tit. V heading)
TITLE V.
PROCEEDINGS PRIOR TO TRIAL
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725 ILCS 5/Art. 113
(725 ILCS 5/Art. 113 heading)
ARTICLE 113.
ARRAIGNMENT
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725 ILCS 5/113-1
(725 ILCS 5/113-1) (from Ch. 38, par. 113-1)
Sec. 113-1.
Procedure on arraignment.
Before any person is tried for the commission of an offense he shall be
called into open court, informed of the charge against him, and called upon
to plead thereto. If the defendant so requests the formal charge shall be
read to him before he is required to plead. An entry of the arraignment
shall be made of record.
(Source: Laws 1963, p. 2836.)
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725 ILCS 5/113-2
(725 ILCS 5/113-2) (from Ch. 38, par. 113-2)
Sec. 113-2.
Joint
defendants.
Defendants who are jointly charged may be arraigned separately or
together in the discretion of the court.
(Source: Laws 1963, p. 2836.)
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725 ILCS 5/113-3
(725 ILCS 5/113-3) (from Ch. 38, par. 113-3)
Sec. 113-3.
(a) Every person charged with an offense shall be
allowed counsel before pleading to the charge. If the defendant desires
counsel and has been unable to obtain same before arraignment the court
shall recess court or continue the cause for a reasonable time to permit
defendant to obtain counsel and consult with him before pleading to the
charge. If the accused is a dissolved corporation, and is not represented
by counsel, the court may, in the interest of justice, appoint as counsel a
licensed attorney of this State.
(b) In all cases, except where
the penalty is a fine only, if the
court determines that the defendant is indigent and desires counsel, the
Public Defender shall be appointed as counsel. If there is no Public
Defender in the county or if the defendant requests counsel other than
the Public Defender and the court finds that the rights of the defendant
will be prejudiced by the appointment of the Public Defender, the court
shall appoint as counsel a licensed attorney at law of this State,
except that in a county having a population of 2,000,000 or
more the
Public Defender shall be appointed as counsel in all misdemeanor cases
where the defendant is indigent and desires counsel unless the case
involves multiple defendants, in which case the court may appoint
counsel other than the Public Defender for the additional defendants.
The court shall require an affidavit signed by any defendant who
requests court-appointed counsel. Such affidavit shall be in the form
established by the Supreme Court containing
sufficient information to ascertain the assets and liabilities of that
defendant. The Court may direct the Clerk of the Circuit Court to
assist the defendant in the completion of the affidavit. Any person who
knowingly files such affidavit containing false information concerning
his assets and liabilities shall be liable to the county where the
case, in which such false affidavit is filed, is pending for the
reasonable value of the services rendered by the public defender or
other court-appointed counsel in the case to the extent that such
services were unjustly or falsely procured.
(c) Upon the filing with the court of a verified statement of
services rendered the court shall order the county treasurer of the
county of trial to pay counsel other than the Public Defender a reasonable fee.
The court shall consider all relevant circumstances, including but not limited
to the time spent while court is in session, other time spent in representing
the defendant, and expenses reasonably incurred by counsel. In counties
with a population greater than 2,000,000,
the court shall order the county
treasurer of the county of trial to pay counsel other than the Public Defender
a reasonable fee stated in the order and based upon a rate of compensation
of not more than $40 for each hour spent while court is in session and
not more than $30 for each hour otherwise spent representing a
defendant, and such compensation shall not exceed $150 for each
defendant represented in misdemeanor cases and $1250 in felony cases, in
addition to expenses reasonably incurred as hereinafter in this Section
provided, except that, in extraordinary circumstances, payment in excess
of the limits herein stated may be made if the trial court certifies
that such payment is necessary to provide fair compensation for
protracted representation. A trial court may entertain the filing of this
verified statement before the termination of the cause, and may order the
provisional payment of sums during the pendency of the cause.
(d) In capital cases, in addition to counsel, if the court
determines that the defendant is indigent the court may, upon the filing
with the court of a verified statement of services rendered, order the
county Treasurer of the county of trial to pay necessary expert
witnesses for defendant reasonable compensation stated in the order not
to exceed $250 for each defendant.
(e) If the court in any county having a population greater than
2,000,000 determines that the defendant is indigent the court
may, upon the filing with the court of a verified statement of such expenses,
order the county treasurer of the county of trial, in such counties
having a population greater than 2,000,000 to pay the general
expenses of the trial incurred by the defendant not to exceed $50 for each
defendant.
(f) The provisions of this Section relating to appointment of counsel,
compensation of counsel, and payment of expenses
in capital cases apply except when the compensation and expenses are being
provided under the Capital Crimes Litigation Act.
(Source: P.A. 91-589, eff. 1-1-00.)
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725 ILCS 5/113-3.1
(725 ILCS 5/113-3.1) (from Ch. 38, par. 113-3.1)
Sec. 113-3.1. Payment for court-appointed counsel.
(a) Whenever under
either Section 113-3 of this Code or Rule 607 of the Illinois Supreme Court
the court appoints counsel to represent a defendant, the court may order
the defendant to pay to the Clerk of the Circuit Court a reasonable sum
to reimburse either the county or the State for such representation.
In a hearing to determine the amount of the
payment, the court shall consider the affidavit prepared by the defendant
under Section 113-3 of this Code and any other information pertaining to
the defendant's financial circumstances which may be submitted by the parties.
Such hearing shall be conducted on the court's own motion or on motion of
the prosecutor at any time after the appointment of counsel but no
later than 90 days after the entry of a final order disposing of the case
at the trial level.
(b) Any sum ordered paid under this Section may not exceed $500 for a
defendant charged with a misdemeanor, $5,000 for a defendant charged with
a felony, or $2,500 for a defendant who is appealing a conviction
of any class offense.
(c) The method of any payment required under this Section shall be as
specified by the Court. The court may order that payments be made on a
monthly basis during the term of representation; however, the sum deposited as
money bond shall not be used to satisfy this court order. At any time prior to
full payment of any payment order the court on its own motion or the motion
of any party may reduce, increase, or suspend the ordered payment, or modify
the method of payment, as the interest of fairness may require. No increase,
suspension, or reduction may be ordered without a hearing and notice
to all parties.
(d) The Supreme Court or the circuit courts may provide by rule for
procedures for the enforcement of orders entered under this Section.
Such rules may provide for the assessment of all costs, including
attorneys' fees which are required for the enforcement of orders entered
under this Section when the court in an enforcement proceeding has first
found that the defendant has willfully refused to pay. The Clerk of the
Circuit Court shall keep records and make reports to the court concerning
funds paid under this Section in whatever manner the court directs.
(e) Whenever an order is entered under this Section for the reimbursement
of the State due to the appointment of the State Appellate Defender as counsel
on appeal, the order shall provide that the Clerk of the Circuit Court shall
retain all funds paid pursuant to such order until the full amount of the
sum ordered to be paid by the defendant has been paid. When no balance remains
due on such order, the Clerk of the Circuit Court shall inform the court
of this fact and the court shall promptly order the Clerk of the Circuit
Court to pay to the State Treasurer all of the sum paid.
(f) The Clerk of the Circuit Court shall retain all funds under this Section
paid for the reimbursement of the county, and shall inform the court when
no balance remains due on an order entered hereunder. The Clerk of the Circuit
Court shall make payments of funds collected under this Section to the County
Treasurer in whatever manner and at whatever point as the court may direct,
including payments made on a monthly basis during the term
of representation.
(g) A defendant who fails to obey any order of court entered under this
Section may be punished for contempt of court. Any arrearage in payments
may be reduced to judgment in the court's discretion and collected by any
means authorized for the collection of money judgments under the law of
this State.
(Source: P.A. 102-1104, eff. 1-1-23.)
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725 ILCS 5/113-4
(725 ILCS 5/113-4) (from Ch. 38, par. 113-4)
Sec. 113-4. Plea. (a) When called upon to plead at arraignment the defendant
shall be furnished with a copy of the charge and shall plead guilty, guilty
but mentally ill, or not guilty.
(b) If the defendant stands mute a plea of not guilty shall be entered
for him and the trial shall proceed on such plea.
(c) If the defendant pleads guilty such plea shall not be accepted until
the court shall have fully explained to the defendant the following: (1) the maximum and minimum penalty provided by law | | for the offense which may be imposed by the court;
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| (2) as a consequence of a conviction or a plea of
| | guilty, the sentence for any future conviction may be increased or there may be a higher possibility of the imposition of consecutive sentences;
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| (3) as a consequence of a conviction or a plea of
| | guilty, there may be registration requirements that restrict where the defendant may work, live, or be present; and
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| (4) as a consequence of a conviction or a plea of
| | guilty, there may be an impact upon the defendant's ability to, among others:
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| (A) retain or obtain housing in the public or
| | (B) retain or obtain employment; and
(C) retain or obtain a firearm, an occupational
| | license, or a driver's license.
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| After such explanation if the defendant understandingly
persists in his plea it shall be accepted by the court and recorded.
(d) If the defendant pleads guilty but mentally ill, the court shall
not accept such a plea until the defendant has undergone examination by
a clinical psychologist or psychiatrist
and the judge has examined the psychiatric or psychological
report or reports, held a hearing on
the issue of the defendant's mental condition and is satisfied that there
is a factual basis that the defendant was mentally ill at the time of the
offense to which the plea is entered.
(e) If a defendant pleads not guilty, the court shall advise him at
that time or at any later court date on which he is present that if he escapes from
custody or is released on bond and fails to appear in court when required
by the court that his failure to appear would constitute a waiver of his
right to confront the witnesses against him and trial could proceed in his absence.
(Source: P.A. 99-871, eff. 1-1-17 .)
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725 ILCS 5/113-4.1
(725 ILCS 5/113-4.1) (from Ch. 38, par. 113-4.1)
Sec. 113-4.1.
Plea of nolo contendere.
A defendant who is charged with a violation of the Illinois Income Tax
Act may plead not guilty, guilty or, with the consent of the court, nolo
contendere. The court may refuse to accept a plea of guilty, and shall not
accept such plea or a plea of nolo contendere without first addressing the
defendant personally and determining that the plea is made voluntarily with
understanding of the nature of the charge and the consequences of the plea.
If a defendant refuses to plead or if the court refuses to accept a plea of
guilty or if a defendant corporation fails to appear, the court shall enter
a plea of not guilty. The court shall not enter a judgment upon a plea of
guilty unless it is satisfied that there is a factual basis for the plea.
(Source: P.A. 78-267.)
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725 ILCS 5/113-5
(725 ILCS 5/113-5) (from Ch. 38, par. 113-5)
Sec. 113-5.
Plea and Waiver of Jury by Person under 18.
No person under the age of 18 years shall be permitted to plead guilty,
guilty but mentally ill
or waive trial by jury in any case except where the penalty is by fine only
unless he is represented by counsel in open court.
(Source: P.A. 82-553.)
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725 ILCS 5/113-6
(725 ILCS 5/113-6) (from Ch. 38, par. 113-6)
Sec. 113-6.
Effect of failure to arraign and irregularity of arraignment.
Neither a failure to arraign nor an irregularity in the arraignment
shall effect the validity of any proceeding in the cause if the defendant
pleads to the charge or proceeds to trial without objecting to such failure
or irregularity.
(Source: Laws 1963, p. 2836.)
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725 ILCS 5/113-8
(725 ILCS 5/113-8)
Sec. 113-8. Advisement concerning status as a noncitizen. (a) Before the acceptance of a plea of guilty, guilty but mentally ill, or
nolo contendere to a misdemeanor or felony
offense, the court shall give the following advisement to the defendant in open
court:
"If you are not a citizen of the United States, you are hereby advised that
conviction of the offense for which you
have been charged may have the consequence of deportation, exclusion from
admission to the United States, or denial of
naturalization under the laws of the United States.".
(b) If the defendant is arraigned on or after the effective date of this amendatory Act of the 101st General Assembly, and the court fails to advise the defendant as required by subsection (a) of this Section, and the defendant shows that conviction of the offense to which the defendant pleaded guilty, guilty but mentally ill, or nolo contendere may have the consequence for the defendant of deportation, exclusion from admission to the United States, or denial of naturalization under the laws of the United States, the court, upon the defendant's motion, shall vacate the judgment and permit the defendant to withdraw the plea of guilty, guilty but mentally ill, or nolo contendere and enter a plea of not guilty. The motion
shall be filed within 2 years of the date of the defendant's
conviction. (Source: P.A. 101-409, eff. 1-1-20; 102-1030, eff. 5-27-22.)
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725 ILCS 5/Art. 114
(725 ILCS 5/Art. 114 heading)
ARTICLE 114.
PRE-TRIAL MOTIONS
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725 ILCS 5/114-1
(725 ILCS 5/114-1) (from Ch. 38, par. 114-1)
Sec. 114-1. Motion to dismiss charge.
(a) Upon the written motion of the defendant made prior to trial before
or after a plea has been entered the court may dismiss the indictment,
information or complaint upon any of the following grounds:
(1) The defendant has not been placed on trial in | | compliance with Section 103-5 of this Code.
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(2) The prosecution of the offense is barred by
| | Sections 3-3 through 3-8 of the Criminal Code of 2012.
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(3) The defendant has received immunity from
| | prosecution for the offense charged.
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(4) The indictment was returned by a Grand Jury which
| | was improperly selected and which results in substantial injustice to the defendant.
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(5) The indictment was returned by a Grand Jury which
| | acted contrary to Article 112 of this Code and which results in substantial injustice to the defendant.
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(6) The court in which the charge has been filed does
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(7) The county is an improper place of trial.
(8) The charge does not state an offense.
(9) The indictment is based solely upon the testimony
| | of an incompetent witness.
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(10) The defendant is misnamed in the charge and the
| | misnomer results in substantial injustice to the defendant.
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(11) The requirements of Section 109-3.1 have not
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(b) The court shall require any motion to dismiss to be filed within a
reasonable time after the defendant has been arraigned. Any motion not
filed within such time or an extension thereof shall not be considered by
the court and the grounds therefor, except as to subsections (a)(6) and
(a)(8) of this Section, are waived.
(c) If the motion presents only an issue of law the court shall
determine it without the necessity of further pleadings. If the motion
alleges facts not of record in the case the State shall file an answer
admitting or denying each of the factual allegations of the motion.
(d) When an issue of fact is presented by a motion to dismiss and the
answer of the State the court shall conduct a hearing and determine the
issues.
(d-5) When a defendant seeks dismissal of the charge upon the ground set
forth in subsection (a)(7) of this Section, the defendant shall make a prima
facie showing that the county is an improper place of trial. Upon such
showing, the State shall have the burden of proving, by a preponderance of
the evidence, that the county is the proper place of trial.
(d-6) When a defendant seeks dismissal of the charge upon the grounds set forth in subsection (a)(2) of this Section, the prosecution shall have the burden of proving, by a preponderance of the evidence, that the
prosecution of the offense is not barred by Sections 3-3 through 3-8 of the Criminal Code of 2012.
(e) Dismissal of the charge upon the grounds set forth in subsections
(a)(4) through (a)(11) of this Section shall not prevent the return of a
new indictment or the filing of a new charge, and upon such dismissal
the court may order that the defendant be held in custody or, if the
defendant had been previously released on pretrial release, that the pretrial release be continued for a specified time pending the return of a new
indictment or the filing of a new charge.
(f) If the court determines that the motion to dismiss based upon the
grounds set forth in subsections (a)(6) and (a)(7) is well founded it
may, instead of dismissal, order the cause transferred to a court of
competent jurisdiction or to a proper place of trial.
(Source: P.A. 100-434, eff. 1-1-18; 101-652, eff. 1-1-23 .)
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725 ILCS 5/114-2
(725 ILCS 5/114-2) (from Ch. 38, par. 114-2)
Sec. 114-2.
Motion for a bill of particulars.
(a) A written motion for a bill of particulars shall be filed before or
within a reasonable time after arraignment and shall specify the
particulars of the offense necessary to enable the defendant to prepare his
defense.
(b) A bill of particulars may be amended at any time before trial
subject to such conditions as justice may require.
(Source: Laws 1963, p. 2836.)
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