725 ILCS 5/103-5
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title I - General Provisions

 (from Ch. 38, par. 103-5)(Text of Section before amendment by P.A. 101-652)Sec. 103-5. Speedy trial.)(a) Every person in custody in this State for an alleged offense shall  be tried by the court having jurisdiction within 120 days from the date he or she  was taken into custody unless delay is occasioned by the defendant, by an  examination for fitness ordered pursuant to Section 104-13 of this Act, by  a fitness hearing, by an adjudication of unfitness to stand trial, by a  continuance allowed pursuant to Section 114-4 of this Act after a court's  determination of the defendant's physical incapacity for trial, or by an  interlocutory appeal.  Delay shall be considered to be agreed to by the  defendant unless he or she objects to the delay by making a written demand for  trial or an oral demand for trial on the record. The provisions of this subsection  (a) do not apply to a person on bail or recognizance for an offense   but who is in custody for a violation of his or her parole, aftercare release, or mandatory   supervised release for another offense.The 120-day term must be one continuous period of incarceration.  In  computing the 120-day term, separate periods of incarceration may not be  combined.  If a defendant is taken into custody a second (or subsequent) time  for the same offense, the term will begin again at day zero.(b) Every person on bail or recognizance shall be tried by the court  having jurisdiction within 160 days from the date defendant demands  trial unless delay is occasioned by the defendant, by an examination for  fitness ordered pursuant to Section 104-13 of this Act, by a fitness  hearing, by an adjudication of unfitness to stand trial, by a continuance  allowed pursuant to Section 114-4 of this Act after a court's determination  of the defendant's physical incapacity for trial, or by an interlocutory  appeal.  The defendant's failure to appear for any court date set by the  court operates to waive the defendant's demand for trial made under this  subsection.For purposes of computing the 160 day period under this subsection (b),  every person who was in custody for an alleged offense and demanded trial  and is subsequently released on bail or recognizance and demands trial,  shall be given credit for time spent in custody following the making of the  demand while in custody. Any demand for trial made under this  subsection (b)  shall be in writing; and in the  case of a defendant not in custody, the  demand for trial shall include the date of any prior demand made under this  provision while the defendant was in custody.(c) If the court determines that the State has exercised without  success due diligence to obtain evidence material to the case and that  there are reasonable grounds to believe that such evidence may be  obtained at a later day the court may continue the cause on application  of the State for not more than an additional 60 days. If the court  determines that the State has exercised without success due diligence to  obtain results of DNA testing that is material to the case and that there  are reasonable grounds to believe that such results may be obtained at a  later day, the court may continue the cause on application of the State for  not more than an additional 120 days.(d) Every person not tried in accordance with subsections (a), (b)  and (c) of this Section shall be discharged from custody or released  from the obligations of his bail or recognizance.(e) If a person is simultaneously in custody upon more than one  charge pending against him in the same county, or simultaneously demands  trial upon more than one charge pending against him in the same county,  he shall be tried, or adjudged guilty after waiver of trial, upon at  least one such charge before expiration relative to any of such pending  charges of the period prescribed by subsections (a) and (b) of this  Section.  Such person shall be tried upon all of the remaining charges  thus pending within 160 days from the date on which judgment relative to  the first charge thus prosecuted is rendered pursuant to the Unified Code of  Corrections or, if such trial upon such first charge is terminated  without judgment and there is no subsequent trial of, or adjudication of  guilt after waiver of trial of, such first charge within a reasonable  time, the person shall be tried upon all of the remaining charges thus  pending within 160 days from the date on which such trial is terminated;  if either such period of 160 days expires without the commencement of  trial of, or adjudication of guilt after waiver of trial of, any of such  remaining charges thus pending, such charge or charges shall be  dismissed and barred for want of prosecution unless delay is occasioned  by the defendant, by an examination for fitness ordered pursuant to  Section 104-13 of this Act, by a fitness hearing, by an adjudication  of unfitness for trial, by a continuance allowed pursuant to Section  114-4 of this Act after a court's determination of the defendant's  physical incapacity for trial, or by an interlocutory appeal; provided,  however, that if the court determines that the State has exercised  without success due diligence to obtain evidence material to the case  and that there are reasonable grounds to believe that such evidence may  be obtained at a later day the court may continue the cause on  application of the State for not more than an additional 60 days.(f) Delay occasioned by the defendant shall temporarily suspend for  the time of the delay the period within which a person shall be tried as  prescribed by subsections (a), (b), or (e) of this Section and on the  day of expiration of the delay the said period shall continue at the  point at which it was suspended.  Where such delay occurs within 21 days  of the end of the period within which a person shall be tried as  prescribed by subsections (a), (b), or (e) of this Section, the court  may continue the cause on application of the State for not more than an  additional 21 days beyond the period prescribed by subsections (a), (b), or  (e).  This subsection (f) shall become effective on, and apply to persons  charged with alleged offenses committed on or after, March 1, 1977.  (Source: P.A. 98-558, eff. 1-1-14.)(Text of Section after amendment by P.A. 101-652)Sec. 103-5. Speedy trial.)(a) Every person in custody in this State for an alleged offense shall  be tried by the court having jurisdiction within 120 days from the date he or she  was taken into custody unless delay is occasioned by the defendant, by an  examination for fitness ordered pursuant to Section 104-13 of this Act, by  a fitness hearing, by an adjudication of unfitness to stand trial, by a  continuance allowed pursuant to Section 114-4 of this Act after a court's  determination of the defendant's physical incapacity for trial, or by an  interlocutory appeal.  Delay shall be considered to be agreed to by the  defendant unless he or she objects to the delay by making a written demand for  trial or an oral demand for trial on the record. The provisions of this subsection  (a) do not apply to a person on pretrial release or recognizance for an offense   but who is in custody for a violation of his or her parole, aftercare release, or mandatory   supervised release for another offense.The 120-day term must be one continuous period of incarceration.  In  computing the 120-day term, separate periods of incarceration may not be  combined.  If a defendant is taken into custody a second (or subsequent) time  for the same offense, the term will begin again at day zero.(b) Every person on pretrial release or recognizance shall be tried by the court  having jurisdiction within 160 days from the date defendant demands  trial unless delay is occasioned by the defendant, by an examination for  fitness ordered pursuant to Section 104-13 of this Act, by a fitness  hearing, by an adjudication of unfitness to stand trial, by a continuance  allowed pursuant to Section 114-4 of this Act after a court's determination  of the defendant's physical incapacity for trial, or by an interlocutory  appeal.  The defendant's failure to appear for any court date set by the  court operates to waive the defendant's demand for trial made under this  subsection.For purposes of computing the 160 day period under this subsection (b),  every person who was in custody for an alleged offense and demanded trial  and is subsequently released on pretrial release or recognizance and demands trial,  shall be given credit for time spent in custody following the making of the  demand while in custody. Any demand for trial made under this  subsection (b)  shall be in writing; and in the  case of a defendant not in custody, the  demand for trial shall include the date of any prior demand made under this  provision while the defendant was in custody.(c) If the court determines that the State has exercised without  success due diligence to obtain evidence material to the case and that  there are reasonable grounds to believe that such evidence may be  obtained at a later day the court may continue the cause on application  of the State for not more than an additional 60 days. If the court  determines that the State has exercised without success due diligence to  obtain results of DNA testing that is material to the case and that there  are reasonable grounds to believe that such results may be obtained at a  later day, the court may continue the cause on application of the State for  not more than an additional 120 days.(d) Every person not tried in accordance with subsections (a), (b)  and (c) of this Section shall be discharged from custody or released  from the obligations of his pretrial release or recognizance.(e) If a person is simultaneously in custody upon more than one  charge pending against him in the same county, or simultaneously demands  trial upon more than one charge pending against him in the same county,  he shall be tried, or adjudged guilty after waiver of trial, upon at  least one such charge before expiration relative to any of such pending  charges of the period prescribed by subsections (a) and (b) of this  Section.  Such person shall be tried upon all of the remaining charges  thus pending within 160 days from the date on which judgment relative to  the first charge thus prosecuted is rendered pursuant to the Unified Code of  Corrections or, if such trial upon such first charge is terminated  without judgment and there is no subsequent trial of, or adjudication of  guilt after waiver of trial of, such first charge within a reasonable  time, the person shall be tried upon all of the remaining charges thus  pending within 160 days from the date on which such trial is terminated;  if either such period of 160 days expires without the commencement of  trial of, or adjudication of guilt after waiver of trial of, any of such  remaining charges thus pending, such charge or charges shall be  dismissed and barred for want of prosecution unless delay is occasioned  by the defendant, by an examination for fitness ordered pursuant to  Section 104-13 of this Act, by a fitness hearing, by an adjudication  of unfitness for trial, by a continuance allowed pursuant to Section  114-4 of this Act after a court's determination of the defendant's  physical incapacity for trial, or by an interlocutory appeal; provided,  however, that if the court determines that the State has exercised  without success due diligence to obtain evidence material to the case  and that there are reasonable grounds to believe that such evidence may  be obtained at a later day the court may continue the cause on  application of the State for not more than an additional 60 days.(f) Delay occasioned by the defendant shall temporarily suspend for  the time of the delay the period within which a person shall be tried as  prescribed by subsections (a), (b), or (e) of this Section and on the  day of expiration of the delay the said period shall continue at the  point at which it was suspended.  Where such delay occurs within 21 days  of the end of the period within which a person shall be tried as  prescribed by subsections (a), (b), or (e) of this Section, the court  may continue the cause on application of the State for not more than an  additional 21 days beyond the period prescribed by subsections (a), (b), or  (e).  This subsection (f) shall become effective on, and apply to persons  charged with alleged offenses committed on or after, March 1, 1977.  (Source: P.A. 101-652, eff. 1-1-23.)