Illinois Compiled Statutes
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CRIMINAL PROCEDURE725 ILCS 5/Art. 113
(725 ILCS 5/) Code of Criminal Procedure of 1963.
(725 ILCS 5/Art. 113 heading)
725 ILCS 5/113-1
(725 ILCS 5/113-1)
(from Ch. 38, par. 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.)
725 ILCS 5/113-2
(725 ILCS 5/113-2)
(from Ch. 38, par. 113-2)
Defendants who are jointly charged may be arraigned separately or
together in the discretion of the court.
(Source: Laws 1963, p. 2836.)
725 ILCS 5/113-3
(725 ILCS 5/113-3)
(from Ch. 38, par. 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
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
(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.)
725 ILCS 5/113-3.1
(725 ILCS 5/113-3.1)
(from Ch. 38, par. 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 State's Attorney 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. Any sum deposited
bond with the Clerk of
the Circuit Court under Section 110-7 of this Code may be used in the
court's discretion in whole or in part to comply with any payment order
entered in accordance with paragraph
(a) of this Section. The court may give special consideration to the interests
of relatives or other third parties who may have posted a money bond on
the behalf of the defendant to secure his release. 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
(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
(Source: P.A. 88-394.)
725 ILCS 5/113-4
(725 ILCS 5/113-4)
(from Ch. 38, par. 113-4)
(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
(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
725 ILCS 5/113-4.1
(725 ILCS 5/113-4.1)
(from Ch. 38, par. 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.)
725 ILCS 5/113-5
(725 ILCS 5/113-5)
(from Ch. 38, par. 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.)
725 ILCS 5/113-6
(725 ILCS 5/113-6)
(from Ch. 38, par. 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
(Source: Laws 1963, p. 2836.)
725 ILCS 5/113-8
(725 ILCS 5/113-8)
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
"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
(Source: P.A. 101-409, eff. 1-1-20; 102-1030, eff. 5-27-22.)