725 ILCS 5/109-3
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title III - Proceedings After Arrest

 (from Ch. 38, par. 109-3)(Text of Section before amendment by P.A. 101-652)Sec. 109-3. Preliminary examination.)(a) The judge shall hold the defendant to answer to the court having  jurisdiction of the offense if from the evidence it appears there is  probable cause to believe an offense has been committed by the  defendant, as provided in Section 109-3.1 of this Code, if the offense is a felony.(b) If the defendant waives preliminary examination the judge shall hold  him to answer and may, or on the demand of the prosecuting attorney shall,  cause the witnesses for the State to be examined.  After hearing the  testimony if it appears that there is not probable cause to believe the  defendant guilty of any offense the judge shall discharge him.(c) During the examination of any witness or when the defendant is  making a statement or testifying the judge may and on the request of the  defendant or State shall exclude all other witnesses.  He may also cause the  witnesses to be kept separate and to be prevented from communicating with  each other until all are examined.(d) If the defendant is held to answer the judge may require any  material witness for the State or defendant to enter into a written  undertaking to appear at the trial, and may provide for the forfeiture of a  sum certain in the event the witness does not appear at the trial.  Any  witness who refuses to execute a recognizance may be committed by the judge  to the custody of the sheriff until trial or further order of the court  having jurisdiction of the cause.  Any witness who executes a recognizance  and fails to comply with its terms shall, in addition to any forfeiture  provided in the recognizance, be subject to the penalty provided in Section  32-10 of the Criminal Code of 2012 for violation of bail bond.(e) During preliminary hearing or examination the defendant may move for  an order of suppression of evidence pursuant to Section 114-11 or 114-12  of this Act or for other reasons, and may move for dismissal of the charge  pursuant to Section 114-1 of this Act or for other reasons.  (Source: P.A. 97-1150, eff. 1-25-13.)(Text of Section after amendment by P.A. 101-652)Sec. 109-3. Preliminary examination.)(a) The judge shall hold the defendant to answer to the court having  jurisdiction of the offense if from the evidence it appears there is  probable cause to believe an offense has been committed by the  defendant, as provided in Section 109-3.1 of this Code, if the offense is a felony.(b) If the defendant waives preliminary examination the judge shall hold  him to answer and may, or on the demand of the prosecuting attorney shall,  cause the witnesses for the State to be examined.  After hearing the  testimony if it appears that there is not probable cause to believe the  defendant guilty of any offense the judge shall discharge him.(c) During the examination of any witness or when the defendant is  making a statement or testifying the judge may and on the request of the  defendant or State shall exclude all other witnesses.  He may also cause the  witnesses to be kept separate and to be prevented from communicating with  each other until all are examined.(d) If the defendant is held to answer the judge may require any  material witness for the State or defendant to enter into a written  undertaking to appear at the trial, and may provide for the forfeiture of a  sum certain in the event the witness does not appear at the trial.  Any  witness who refuses to execute a recognizance may be committed by the judge  to the custody of the sheriff until trial or further order of the court  having jurisdiction of the cause.  Any witness who executes a recognizance  and fails to comply with its terms shall, in addition to any forfeiture  provided in the recognizance, be subject to the penalty provided in Section  32-10 of the Criminal Code of 2012 for violation of the conditions of pretrial release.(e) During preliminary hearing or examination the defendant may move for  an order of suppression of evidence pursuant to Section 114-11 or 114-12  of this Act or for other reasons, and may move for dismissal of the charge  pursuant to Section 114-1 of this Act or for other reasons.  (Source: P.A. 101-652, eff. 1-1-23.)