Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Illinois Compiled Statutes

 ILCS Listing   Public Acts  Search   Guide   Disclaimer

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.

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;
        (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;
        (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
        (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:
            (A) retain or obtain housing in the public or
private market;
            (B) retain or obtain employment; and
            (C) retain or obtain a firearm, an occupational
license, or a driver's license.
    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.)