725 ILCS 5/111-2
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title IV - Proceedings To Commence Prosecution

 (from Ch. 38, par. 111-2)(Text of Section before amendment by P.A. 101-652)Sec. 111-2. Commencement of prosecutions.(a) All prosecutions of  felonies shall be by information or by indictment. No prosecution may be  pursued by information unless a preliminary hearing has been held or  waived in accordance with Section 109-3 and at that hearing probable  cause to believe the defendant committed an offense was found, and the  provisions of Section 109-3.1 of this Code have been complied with.(b) All other prosecutions may be by indictment, information or  complaint.(c) Upon the filing of an information or indictment in open  court charging the defendant with the commission of a sex offense  defined in any Section of Article 11 of the Criminal Code of 1961 or the Criminal Code of 2012,   and a minor as defined in Section 1-3 of the Juvenile  Court Act of 1987 is alleged to be the victim of the  commission of the acts of the defendant in the commission of  such offense, the court may appoint a guardian ad litem for the  minor as provided in Section 2-17, 3-19, 4-16 or 5-610 of the  Juvenile Court Act of 1987.(d) Upon the filing of an information or indictment in open court,  the court shall immediately issue a warrant for the arrest of each  person charged with an offense directed to a peace officer or some other  person specifically named commanding him to arrest such person.(e) When the offense is bailable, the judge shall endorse on the  warrant the amount of bail required by the order of the court, and if  the court orders the process returnable forthwith, the warrant shall  require that the accused be arrested and brought immediately into court.(f) Where the prosecution of a felony is by information or complaint  after preliminary hearing, or after a waiver of preliminary hearing in  accordance with paragraph (a) of this Section, such prosecution may be  for all offenses, arising from the same transaction or conduct of a  defendant even though the complaint or complaints filed at the  preliminary hearing charged only one or some of the offenses arising  from that transaction or conduct.  (Source: P.A. 97-1150, eff. 1-25-13.)(Text of Section after amendment by P.A. 101-652)Sec. 111-2. Commencement of prosecutions.(a) All prosecutions of  felonies shall be by information or by indictment. No prosecution may be  pursued by information unless a preliminary hearing has been held or  waived in accordance with Section 109-3 and at that hearing probable  cause to believe the defendant committed an offense was found, and the  provisions of Section 109-3.1 of this Code have been complied with.(b) All other prosecutions may be by indictment, information or  complaint.(c) Upon the filing of an information or indictment in open  court charging the defendant with the commission of a sex offense  defined in any Section of Article 11 of the Criminal Code of 1961 or the Criminal Code of 2012,   and a minor as defined in Section 1-3 of the Juvenile  Court Act of 1987 is alleged to be the victim of the  commission of the acts of the defendant in the commission of  such offense, the court may appoint a guardian ad litem for the  minor as provided in Section 2-17, 3-19, 4-16 or 5-610 of the  Juvenile Court Act of 1987.(d) Upon the filing of an information or indictment in open court,  the court shall immediately issue a warrant for the arrest of each  person charged with an offense directed to a peace officer or some other  person specifically named commanding him to arrest such person.(e) When the offense is eligible for pretrial release, the judge shall endorse on the  warrant the conditions of pretrial release required by the order of the court, and if  the court orders the process returnable forthwith, the warrant shall  require that the accused be arrested and brought immediately into court.(f) Where the prosecution of a felony is by information or complaint  after preliminary hearing, or after a waiver of preliminary hearing in  accordance with paragraph (a) of this Section, such prosecution may be  for all offenses, arising from the same transaction or conduct of a  defendant even though the complaint or complaints filed at the  preliminary hearing charged only one or some of the offenses arising  from that transaction or conduct.  (Source: P.A. 101-652, eff. 1-1-23.)