725 ILCS 5/115-4
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title VI - Proceedings At Trial

 (from Ch. 38, par. 115-4)Sec. 115-4. Trial by Court and Jury.)(a) Questions of law shall be  decided by the court and questions of fact by the jury.(b) The jury shall consist of 12 members.(c) Upon request the parties shall be furnished with a list of  prospective jurors with their addresses if known.(d) Each party may challenge jurors for cause.  If a prospective juror has a physical impairment, the court shall consider  such prospective juror's ability to perceive and appreciate the evidence  when considering a challenge for cause.(e) A defendant tried alone shall be allowed 20 peremptory  challenges in a capital case, 10 in a case in which the punishment may  be imprisonment in the penitentiary, and 5 in all other cases; except  that, in a single trial of more than one defendant, each defendant shall  be allowed 12 peremptory challenges in a capital case, 6 in a case in  which the punishment may be imprisonment in the penitentiary, and 3 in  all other cases.  If several charges against a defendant or defendants  are consolidated for trial, each defendant shall be allowed peremptory  challenges upon one charge only, which single charge shall be the charge  against that defendant authorizing the greatest maximum penalty.  The  State shall be allowed the same number of peremptory challenges as all  of the defendants.(f) After examination by the court the jurors may be examined,  passed upon, accepted and tendered by opposing counsel as provided by  Supreme Court rules.(g) After the jury is impaneled and sworn the court may direct the  selection of 2 alternate jurors who shall take the same oath as the  regular jurors.  Each party shall have one additional peremptory  challenge for each alternate juror.  If before the final submission of a  cause a member of the jury dies or is discharged he shall be replaced by  an alternate juror in the order of selection.(h) A trial by the court and jury shall be conducted in the presence  of the defendant unless he waives the right to be present.(i) After arguments of counsel the court shall instruct the jury as  to the law.(j) Unless the affirmative defense of insanity has been presented  during the trial, the jury shall return a general verdict as to each  offense charged.  When the affirmative defense of insanity has been  presented during the trial, the court shall provide the jury not only  with general verdict forms but also with a special verdict form of not  guilty by reason of insanity, as to each offense charged, and in such  event the court shall separately instruct the jury that a special verdict  of not guilty by reason of insanity may be returned instead of a general  verdict but such special verdict requires a unanimous finding by the jury  that the defendant committed the acts charged but at the time of the  commission of those acts the defendant was insane.  In the event of a  verdict of not guilty by reason of insanity, a hearing shall be held  pursuant to the Mental Health and Developmental Disabilities Code to  determine whether the defendant is subject to involuntary admission.  When the affirmative defense of insanity has been presented during the trial,  the court, where warranted by the evidence, shall also provide the jury  with a special verdict form of guilty but mentally ill, as to each offense  charged and shall separately instruct the jury that a special verdict of  guilty but mentally ill may be returned instead of a general verdict, but  that such special verdict requires a unanimous finding by the jury that:  (1) the State has proven beyond a reasonable doubt that the defendant is  guilty of the offense charged; and (2) the defendant has failed to prove  his insanity as required in subsection (b) of Section 3-2 of the Criminal  Code of 2012 and subsections (a), (b) and (e) of Section 6-2  of the Criminal Code of 2012; and (3) the defendant has proven  by a preponderance of the evidence that he was mentally ill, as defined in  subsections (c) and (d) of Section 6-2 of the Criminal Code of 2012 at the time of the offense.(k) When, at the close of the State's evidence or at the close of  all of the evidence, the evidence is insufficient to support a finding  or verdict of guilty the court may and on motion of the defendant shall  make a finding or direct the jury to return a verdict of not guilty,  enter a judgment of acquittal and discharge the defendant.(l) When the jury retires to consider its verdict an officer of the  court shall be appointed to keep them together and to prevent  conversation between the jurors and others; however, if any juror is deaf,  the jury may be accompanied by and may communicate with a court-appointed  interpreter during its deliberations. Upon agreement between the  State and defendant or his counsel the jury may seal and deliver its  verdict to the clerk of the court, separate, and then return such  verdict in open court at its next session.(m) In the trial of a capital or other offense, any juror who is a  member of a panel or jury which has been impaneled and sworn as a panel  or as a jury shall be permitted to separate from other such jurors  during every period of adjournment to a later day, until final  submission of the cause to the jury for determination, except that no  such separation shall be permitted in any trial after the court, upon  motion by the defendant or the State or upon its own motion, finds a  probability that prejudice to the defendant or to the State will result  from such separation.(n) The members of the jury shall be entitled to take notes during the  trial, and the sheriff of the county in which the jury is sitting shall  provide them with writing materials for this purpose.  Such notes shall  remain confidential, and shall be destroyed by the sheriff after the verdict  has been returned or a mistrial declared.(o) A defendant tried by the court and jury shall only be found guilty,  guilty but mentally ill, not guilty or not guilty by reason of insanity,  upon the unanimous verdict of the jury.  (Source: P.A. 97-1150, eff. 1-25-13.)