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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 5/107-8

    (725 ILCS 5/107-8) (from Ch. 38, par. 107-8)
    Sec. 107-8. Assisting peace officer). (a) A peace officer making a lawful arrest may command the aid of persons over the age of 18.
    (b) A person commanded to aid a peace officer shall have the same authority to arrest as that peace officer.
    (c) A person commanded to aid a peace officer shall not be civilly liable for any reasonable conduct in aid of the officer.
(Source: P.A. 80-360.)

725 ILCS 5/107-9

    (725 ILCS 5/107-9) (from Ch. 38, par. 107-9)
    Sec. 107-9. Issuance of arrest warrant upon complaint.
    (a) When a complaint is presented to a court charging that an offense has been committed, it shall examine upon oath or affirmation the complainant or any witnesses.
    (b) The complaint shall be in writing and shall:
        (1) State the name of the accused if known, and if
    
not known the accused may be designated by any name or description by which he can be identified with reasonable certainty;
        (2) State the offense with which the accused is
    
charged;
        (3) State the time and place of the offense as
    
definitely as can be done by the complainant; and
        (4) Be subscribed and sworn to by the complainant.
    (b-5) If an arrest warrant or summons is sought and the request is made by electronic means that has a simultaneous video and audio transmission between the requester and a judge, the judge may issue an arrest warrant or summons based upon a sworn complaint or sworn testimony communicated in the transmission.
    (c) A warrant or summons may be issued by the court for the arrest or appearance of the person complained against if it appears from the contents of the complaint and the examination of the complainant or other witnesses, if any, that the person against whom the complaint was made has committed an offense.
    (d) The warrant of arrest or summons shall:
        (1) Be in writing;
        (2) Specify the name, sex and birth date of the
    
person to be arrested or summoned or, if his name, sex or birth date is unknown, shall designate such person by any name or description by which the person can be identified with reasonable certainty;
        (3) Set forth the nature of the offense;
        (4) State the date when issued and the municipality
    
or county where issued;
        (5) Be signed by the judge of the court with the
    
title of the judge's office; and
        (6) Command that the person against whom the
    
complaint was made to be arrested and brought before the court issuing the warrant or the nearest or most accessible court in the same county, or appear before the court at a certain time and place;
        (7) Specify the conditions of pretrial release, if
    
any; and
        (8) Specify any geographical limitation placed on the
    
execution of the warrant, if any, but such limitation shall not be expressed in mileage.
    (e) The summons may be served in the same manner as the summons in a civil action, except that a police officer may serve a summons for a violation of an ordinance occurring within the municipality of the police officer.
    (f) If the person summoned fails to appear by the date required or cannot be located to serve the summons, a warrant may be issued by the court for the arrest of the person complained against.
    (g) A warrant of arrest issued under this Section shall incorporate the information included in the summons, and shall comply with the following:
        (1) The arrest warrant shall specify any geographic
    
limitation placed on the execution of the warrant, but such limitation shall not be expressed in mileage.
        (2) The arrest warrant shall be directed to all peace
    
officers in the State. It shall be executed by the peace officer, or by a private person specially named therein, at any location within the geographic limitation for execution placed on the warrant. If no geographic limitation is placed on the warrant, then it may be executed anywhere in the State.
    (h) The arrest warrant or summons may be issued electronically or electromagnetically by use of electronic mail or a facsimile transmission machine and any such arrest warrant or summons shall have the same validity as a written arrest warrant or summons.
(Source: P.A. 101-239, eff. 1-1-20; 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)

725 ILCS 5/107-10

    (725 ILCS 5/107-10) (from Ch. 38, par. 107-10)
    Sec. 107-10. Defective warrant.
    A warrant of arrest shall not be quashed or abated nor shall any person in custody for an offense be discharged from such custody because of technical irregularities not affecting the substantial rights of the accused.
(Source: Laws 1963, p. 2836.)

725 ILCS 5/107-11

    (725 ILCS 5/107-11) (from Ch. 38, par. 107-11)
    Sec. 107-11. When summons may be issued.
    (a) When authorized to issue a warrant of arrest, a court may instead issue a summons.
    (b) The summons shall:
        (1) Be in writing;
        (2) State the name of the person summoned and his or
    
her address, if known;
        (3) Set forth the nature of the offense;
        (4) State the date when issued and the municipality
    
or county where issued;
        (5) Be signed by the judge of the court with the
    
title of his or her office; and
        (6) Command the person to appear before a court at a
    
certain time and place.
    (c) The summons may be served in the same manner as the summons in a civil action or by certified or regular mail, except that police officers may serve summons for violations of ordinances occurring within their municipalities.
(Source: P.A. 102-1104, eff. 12-6-22.)

725 ILCS 5/107-12

    (725 ILCS 5/107-12) (from Ch. 38, par. 107-12)
    Sec. 107-12. Notice to appear.
    (a) Whenever a peace officer is authorized to arrest a person without a warrant he may instead issue to such person a notice to appear.
    (b) The notice shall:
    (1) Be in writing;
    (2) State the name of the person and his address, if known;
    (3) Set forth the nature of the offense;
    (4) Be signed by the officer issuing the notice; and
    (5) Request the person to appear before a court at a certain time and place.
    (c) Upon failure of the person to appear a summons or warrant of arrest may issue.
    (d) In any case in which a person is arrested for a Class C misdemeanor or a petty offense and remanded to the sheriff other than pursuant to a court order, the sheriff may issue such person a notice to appear.
(Source: P.A. 83-693.)