2023 Illinois Compiled Statutes › Chapter 725 - CRIMINAL PROCEDURE › 725 ILCS 5/ - Code of Criminal Procedure of 1963. › Title V - Proceedings Prior To Trial

(725 ILCS 5/Tit. V heading)
TITLE V.  
		PROCEEDINGS PRIOR TO TRIAL
(725 ILCS 5/Art. 113 heading)
ARTICLE 113.  
		ARRAIGNMENT
(725 ILCS 5/113-1) (from Ch. 38, par. 113-1)
Sec. 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) (from Ch. 38, par. 113-2)
Sec. 113-2. 
		
		Joint
defendants.
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) (from Ch. 38, par. 113-3)
Sec. 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
more the
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
defendant.
(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) (from Ch. 38, par. 113-3.1)
Sec. 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 prosecutor 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.  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
of representation.
(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
this State.
(Source: P.A. 102-1104, eff. 1-1-23.)
(725 ILCS 5/113-4) (from Ch. 38, par. 113-4)
Sec. 113-4. Plea.
(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         private market;
(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) (from Ch. 38, par. 113-4.1)
Sec. 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) (from Ch. 38, par. 113-5)
Sec. 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) (from Ch. 38, par. 113-6)
Sec. 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
or irregularity.
(Source: Laws 1963, p. 2836.)
(725 ILCS 5/113-8)
Sec. 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
court:
"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
  conviction.
(Source: P.A. 101-409, eff. 1-1-20; 102-1030, eff. 5-27-22.)
(725 ILCS 5/Art. 114 heading)
ARTICLE 114.  
		PRE-TRIAL MOTIONS
(725 ILCS 5/114-1) (from Ch. 38, par. 114-1)
Sec. 114-1. Motion to dismiss charge.
(a) Upon the written motion of the defendant made prior to trial before
or after a plea has been entered the court may dismiss the indictment,
information or complaint upon any of the following grounds:
(1) The defendant has not been placed on trial in     compliance with Section 103-5 of this Code.
(2) The prosecution of the offense is barred by     Sections 3-3 through 3-8 of the Criminal Code of 2012.
(3) The defendant has received immunity from     prosecution for the offense charged.
(4) The indictment was returned by a Grand Jury which     was improperly selected and which results in substantial injustice to the defendant.
(5) The indictment was returned by a Grand Jury which     acted contrary to Article 112 of this Code and which results in substantial injustice to the defendant.
(6) The court in which the charge has been filed does     not have jurisdiction.
(7) The county is an improper place of trial.
(8) The charge does not state an offense.
(9) The indictment is based solely upon the testimony     of an incompetent witness.
(10) The defendant is misnamed in the charge and the     misnomer results in substantial injustice to the defendant.
(11) The requirements of Section 109-3.1 have not     been complied with.
(b) The court shall require any motion to dismiss to be filed within a
reasonable time after the defendant has been arraigned. Any motion not
filed within such time or an extension thereof shall not be considered by
the court and the grounds therefor, except as to subsections (a)(6) and
(a)(8) of this Section, are waived.
(c) If the motion presents only an issue of law the court shall
determine it without the necessity of further pleadings. If the motion
alleges facts not of record in the case the State shall file an answer
admitting or denying each of the factual allegations of the motion.
(d) When an issue of fact is presented by a motion to dismiss and the
answer of the State the court shall conduct a hearing and determine the
issues.
(d-5) When a defendant seeks dismissal of the charge upon the ground set
forth in subsection (a)(7) of this Section, the defendant shall make a prima
facie showing that the county is an improper place of trial.  Upon such
showing, the State shall have the burden of proving, by a preponderance of
the evidence, that the county is the proper place of trial.
(d-6)  When a defendant seeks dismissal of the charge upon the grounds set forth in subsection (a)(2) of this Section, the prosecution shall have the burden of proving, by a preponderance of the evidence, that the
prosecution of the offense is not barred by  Sections 3-3 through 3-8 of the Criminal Code of 2012.
(e) Dismissal of the charge upon the grounds set forth in subsections
(a)(4) through (a)(11) of this Section shall not prevent the return of a
new indictment or the filing of a new charge, and upon such dismissal
the court may order that the defendant be held in custody or, if the
defendant had been previously released on pretrial release, that the pretrial release be continued for a specified time pending the return of a new
indictment or the filing of a new charge.
(f) If the court determines that the motion to dismiss based upon the
grounds set forth in subsections (a)(6) and (a)(7) is well founded it
may, instead of dismissal, order the cause transferred to a court of
competent jurisdiction or to a proper place of trial.
(Source: P.A. 100-434, eff. 1-1-18; 101-652, eff. 1-1-23.)
(725 ILCS 5/114-2) (from Ch. 38, par. 114-2)
Sec. 114-2. 
		Motion for a bill of particulars.
(a) A written motion for a bill of particulars shall be filed before or
within a reasonable time after arraignment and shall specify the
particulars of the offense necessary to enable the defendant to prepare his
defense.
(b) A bill of particulars may be amended at any time before trial
subject to such conditions as justice may require.
(Source: Laws 1963, p. 2836.)
(725 ILCS 5/114-3) (from Ch. 38, par. 114-3)
Sec. 114-3. 
		Motion to discharge jury panel.
(a) Any objection to the manner in which a jury panel has been selected
or drawn shall be raised by a motion to discharge the jury panel prior to
the voir dire examination. For good cause shown the court may entertain the
motion after the voir dire has begun but such motion shall not be heard
after a jury has been sworn to hear the cause.
(b) The motion shall be in writing supported by affidavit and shall
state facts which show that the jury panel was improperly selected or
drawn.
(c) If the motion states facts which show that the jury panel has been
improperly selected or drawn it shall be the duty of the court to conduct a
hearing. The burden of proving that the jury panel was improperly selected
or drawn shall be upon the movant.
(d) If the court finds that the jury panel was improperly selected or
drawn the court shall order the jury panel discharged and the selection or
drawing of a new panel in the manner provided by law.
(Source: Laws 1963, p. 2836.)
(725 ILCS 5/114-4) (from Ch. 38, par. 114-4)
Sec. 114-4. Motion for continuance.
(a) The defendant or the State may move for a continuance. If the
motion is made more than 30 days after arraignment the court shall require
that it be in writing and supported by affidavit.
(b) A written motion for continuance made by defendant more than 30 days
after arraignment may be granted when:
(1) Counsel for the defendant is ill, has died, or is     held to trial in another cause; or
(2) Counsel for the defendant has been unable to     prepare for trial because of illness or because he has been held to trial in another cause; or
(3) A material witness is unavailable and the defense     will be prejudiced by the absence of his testimony; however, this shall not be a ground for continuance if the State will stipulate that the testimony of the witness would be as alleged; or
(4) The defendant cannot stand trial because of     physical or mental incompetency; or
(5) Pre-trial publicity concerning the case has     caused a prejudice against defendant on the part of the community; or
(6) The amendment of a charge or a bill of     particulars has taken the defendant by surprise and he cannot fairly defend against such an amendment without a continuance.
(c) A written motion for continuance made by the State more than 30 days
after arraignment may be granted when:
(1) The prosecutor assigned to the case is ill, has     died, or is held to trial in another cause; or
(2) A material witness is unavailable and the     prosecution will be prejudiced by the absence of his testimony; however this shall not be a ground for continuance if the defendant will stipulate that the testimony of the witness would be as alleged; or
(3) Pre-trial publicity concerning the case has     caused a prejudice against the prosecution on the part of the community.
(d) The court may upon the written motion of either party or upon the
court's own motion order a continuance for grounds not stated in
subsections (b) and (c) of this Section if he finds that the interests
of justice so require.
(e) All motions for continuance are addressed to the discretion of
the trial court and shall be considered in the light of the diligence
shown on the part of the movant.  Where 1 year has expired since the filing
of an information or indictments, filed after January 1, 1980, if the court
finds that the State has failed to use due diligence in bringing the case
to trial, the court may, after a hearing had on the cause, on its own
motion, dismiss the information or indictment.  Any demand that the
defendant had made for a speedy trial under Section 103-5 of this code
shall not abate if the State files a new information or the grand jury
reindicts in the cause.
After a hearing has been held upon the issue of the State's diligence and
the court has found that the State has failed to use due diligence in pursuing
the prosecution, the court may not dismiss the indictment or information
without granting the State one more court date upon which to proceed.  Such
date shall be not less than 14 nor more than 30 days from the date of the
court's finding.  If the State is not prepared to proceed upon that date,
the court shall dismiss the indictment or information, as provided in
this Section.
(f) After trial has begun a reasonably brief continuance may be
granted to either side in the interests of justice.
(g) During the time the General Assembly is in session, the court
shall, on motion of either party or on its own motion, grant a
continuance where the party or his attorney is a member of either house
of the General Assembly whose presence is necessary for the full, fair
trial of the cause and, in the case of an attorney, where the attorney
was retained by the party before the cause was set for trial.
(h) This Section shall be construed to the end that criminal cases
are tried with due diligence consonant with the rights of the defendant
and the State to a speedy, fair and impartial trial.
(i) Physical incapacity of a defendant may be grounds for a
continuance at any time. If, upon written motion of the defendant or the State
or upon the court's own motion, and after presentation of affidavits or
evidence, the court determines that the defendant is physically unable
to appear in court or to assist in his defense, or that such appearance
would endanger his health or result in substantial prejudice, a
continuance shall be granted. If such continuance precedes the
appearance of counsel for such defendant the court shall simultaneously
appoint counsel in the manner prescribed by Section 113-3 of this Act.
Such continuance shall suspend the provisions of Section 103-5 of this
Act, which periods of time limitation shall commence anew when the
court, after presentation of additional affidavits or evidence, has
determined that such physical incapacity has been substantially removed.
(j) In actions arising out of building code violations or violations
of municipal ordinances caused by the failure of a building or structure
to conform to the minimum standards of health and safety, the court shall
grant a continuance only upon a written motion by the party seeking the
continuance specifying the reason why such continuance should be granted.
(k) In prosecutions for violations of Section 10-1, 10-2, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
12-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 involving a victim or witness
who is a minor under 18 years of age, the court shall, in ruling on any
motion or other request for a delay or continuance of proceedings, consider
and give weight to the adverse impact the delay or continuance may have on
the well-being of a child or witness.
(l) The court shall consider the age of the victim and the condition
of the victim's health when ruling on a motion for a continuance.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
(725 ILCS 5/114-5) (from Ch. 38, par. 114-5)
Sec. 114-5. 
		Substitution of judge. 
		(a) Within 10 days after a cause involving only one defendant has
been placed on the trial call of a judge the defendant may move the
court in writing for a substitution of that judge on the
ground that such judge is so prejudiced against him that he
cannot receive a fair trial. Upon the filing of such a motion the court
shall proceed no further in the cause but shall transfer it to another judge
not named in the motion.  The defendant may name only one judge as prejudiced,
pursuant to this subsection; provided, however,
that in a case in which the offense charged is a Class X felony or may be
punished by death or life imprisonment, the defendant may name two judges as prejudiced.
(b) Within 24 hours after a motion is made for substitution of judge
in a cause with multiple defendants each defendant shall have the right
to move in accordance with subsection (a) of this Section for a
substitution of one judge. The total number of judges named as
prejudiced by all defendants shall not exceed the total number of
defendants. The first motion for substitution of judge in a cause with
multiple defendants shall be made within 10 days after the cause has
been placed on the trial call of a judge.
(c) Within 10 days after a cause has been placed on the trial call of
a judge the State may move the court in writing for a substitution of that
judge on the ground that such judge is prejudiced against the State.  Upon
the filing of such a motion the court shall proceed no further in the cause
but shall transfer it to another judge not named in the motion.  The State
may name only one judge as prejudiced, pursuant to this subsection.
(d) In addition to the provisions of subsections (a), (b) and (c) of this
Section the State or any defendant may move at any time for substitution of
judge for
cause, supported by affidavit. Upon the filing of such motion
a hearing shall be conducted as soon as possible after its filing by a judge
not named in the motion; provided, however, that the judge named in
the motion need not testify, but may submit an affidavit if the judge wishes.
 If the motion is allowed, the case shall be assigned to a judge not named
in the motion.  If the motion is denied the case shall be assigned back
to the judge named in the motion.
(Source: P.A. 84-1428.)
(725 ILCS 5/114-6) (from Ch. 38, par. 114-6)
Sec. 114-6. 
		
		Change of place of trial.)  (a) A defendant may move the
court for a change of place of trial on the ground that there exists in
the county in which the charge is pending such prejudice against him on
the part of the inhabitants that he cannot receive a fair trial in such
county.
(b) The motion shall be in writing and supported by affidavit which
shall state facts showing the nature of the prejudice alleged.  The
State may file counter-affidavits.  The court shall conduct a hearing
and determine the merits of the motion.
(c) If the court determines that there exists in the county where
the prosecution is pending such prejudice against the defendant that he
cannot receive a fair trial it shall transfer the cause to the circuit
court in any county where a fair trial may be had.
(d) In all cases of change of place of trial the clerk of the court
from which the change is granted shall immediately prepare a full transcript
of the record and proceedings in the case, and of the petition, affidavits
and order for the change of place of trial, and transmit the same, together
with all papers filed in the case, including the indictment and recognizances
of the defendant and all witnesses, to the proper court.  If the change
is granted to a part but not all of several defendants, a certified copy
of the indictment or information, and of the other papers in the case, shall
be transmitted to the court to which the change of place of trial is ordered, and
such certified copies shall stand as the originals.  Such transcript and
papers may be transmitted by mail, or in such other way as the court may direct.
(e) When the applicant is in custody or confined in jail,
the court shall enter an order directed to
the sheriff or other officer having custody
of the applicant, to remove his body to the common jail of the county to
which the place of trial is changed, and there deliver him
to the keeper of the jail, together with the warrant by virtue
of which he is confined or held in custody, not more than 3 days next before
the day upon which the trial
is to commence in the court; and the sheriff shall obey such
order and shall endorse on such warrant of commitment the reason of the
change of custody, and shall deliver such warrant, with the body of the
prisoner, to the keeper of the jail of the proper county, who shall receive
the same and give to the sheriff a receipt therefor, and shall take charge
of and keep the prisoner in the same manner as if he had originally been
committed to his custody.
(f) When the place of trial is
changed in any criminal case, the parties and witnesses, and all others
who may have entered recognizances to attend
the trial of such cause, having notice of the change of place of trial,
must attend at the time and place at which the trial is to be
had according to such change, and a failure to do so shall operate as
a forfeiture of the recognizance.
(g) When the place of trial is changed the State's
attorney shall have all the witnesses on the part of the prosecution recognized
to appear at the court to which the change is ordered on the day upon which
the trial is to commence.
(h) Upon the termination of any trial, when a change of place
of trial has been
obtained, the clerk of the court in which the trial is had shall submit
a certified statement of all costs, fees, charges, claims and expenses resulting
from such change of place of trial and necessarily incurred
in connection with or
incident to the trial of the case, or any appeal therefrom,
or required in executing any and all orders of the court made in the
case, but shall not include charges for the use of the courtroom
or the facilities thereof,
nor shall it include fees or salaries paid to employees of the county in
which the trial is held, unless it is made necessary by reason of such trial,
and when so certified, the items thereof shall be paid by the county in
which such indictment or information was found to the officers and persons
entitled thereto.  All fines imposed and collected in the county where the
trial is had, shall be paid over to the county in which the indictment or
information was found.
(Source: P.A. 82-280.)
(725 ILCS 5/114-7) (from Ch. 38, par. 114-7)
Sec. 114-7. 
		Joinder of related prosecutions.
The court may order 2 or more charges to be tried together if the
offenses and the defendants could have been joined in a single charge. The
procedure shall be the same as if the prosecution were under a single
charge.
(Source: Laws 1963, p. 2836.)
(725 ILCS 5/114-8) (from Ch. 38, par. 114-8)
Sec. 114-8. Motion for severance.
(a) If it appears that a defendant or the State is prejudiced by a joinder
of related prosecutions or defendants in a single charge or by joinder of
separate charges or defendants for trial the court may order separate
trials, grant a severance of defendants, or provide any other relief as
justice may require.
(b) In the case of a prosecution of multiple defendants for criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse arising out of the same course of conduct, the court, in deciding a motion to sever the charges and try the defendants separately, must consider, subject to constitutional limitations, the impact upon the alleged victim of multiple trials requiring the victim's testimony.
(Source: P.A. 94-668, eff. 1-1-06.)
(725 ILCS 5/114-9) (from Ch. 38, par. 114-9)
Sec. 114-9. 
		Motion for a list of witnesses.
(a) On motion of the defendant the court shall order the State to
furnish the defense with a list of prosecution witnesses and their last
known addresses, except the home address of any peace officer witness shall
not be required to be so furnished, the address of his assignment station
being sufficient for the purposes of this statute.
(b) The court may permit witnesses not named in an original or amended
list to testify when the names of the additional witnesses were not known
and could not have been obtained by the exercise of due diligence prior to
trial.
(c) The requirements of subsection (a) of this Section shall not apply
to rebuttal witnesses.
(Source: P.A. 77-1428.)
(725 ILCS 5/114-10) (from Ch. 38, par. 114-10)
Sec. 114-10. 
		Motion to produce confession.
(a) On motion of a defendant in any criminal case made prior to trial
the court shall order the State to furnish the defendant with a copy of any
written confession made to any law enforcement officer of this State or any
other State and a list of the witnesses to its making and acknowledgment.
If the defendant has made an oral confession a list of the witnesses to its
making shall be furnished.
(b) The list of witnesses may upon notice and motion be amended by the
State prior to trial.
(c) No such confession shall be received in evidence which has not been
furnished in compliance with subsection (a) of this Section unless the
court is satisfied that the prosecutor was unaware of the existence of such
confession prior to trial and that he could not have become aware of such
in the exercise of due diligence.
(Source: Laws 1963, p. 2836.)
(725 ILCS 5/114-11) (from Ch. 38, par. 114-11)
Sec. 114-11. Motion to Suppress Confession.
(a) Prior to the trial of any criminal case a defendant may move to
suppress as evidence any confession given by him on the ground that it was
not voluntary.
(b) The motion shall be in writing and state facts showing wherein the
confession is involuntary.
(c) If the allegations of the motion state facts which, if true, show
that the confession was not voluntarily made the court shall conduct a
hearing into the merits of the motion.
(d) The burden of going forward with the evidence and the burden of
proving that a confession was voluntary shall be on the State. Objection to
the failure of the State to call all material witnesses on the issue of
whether the confession was voluntary must be made in the trial court.
(e) The motion shall be made only before a court with jurisdiction to
try the offense.
(f) The issue of the admissibility of the confession shall not be
submitted to the jury. The circumstances surrounding the making of the
confession may be submitted to the jury as bearing upon the credibility or
the weight to be given to the confession.
(g) The motion shall be made before trial unless opportunity therefor
did not exist or the defendant was not aware of the grounds for the motion.
If the motion is made during trial, and the court determines that the
motion is not untimely, and the court conducts a hearing on the merits and
enters an order suppressing the confession, the court shall terminate the
trial with respect to every defendant who was a party to the hearing and
who was within the scope of the order of suppression, without further
proceedings, unless the State files a written notice that there will be no
interlocutory appeal from such order of suppression. In the event of such
termination, the court shall proceed with the trial of other defendants not
thus affected. Such termination of trial shall be proper and shall not bar
subsequent prosecution of the identical charges and defendants; however, if
after such termination the State fails to prosecute the interlocutory
appeal until a determination of the merits of the appeal by the reviewing
court, the termination shall be improper within the meaning of subparagraph
(a) (3) of Section 3-4 of the Criminal Code of 2012 and subsequent prosecution of such defendants upon such
charges shall be barred.
(Source: P.A. 97-1150, eff. 1-25-13.)
(725 ILCS 5/114-12) (from Ch. 38, par. 114-12)
Sec. 114-12. Motion to Suppress Evidence Illegally Seized.
(a) A defendant aggrieved by an unlawful search and seizure may move the
court for the return of property and to suppress as evidence anything so
obtained on the ground that:
(1) The search and seizure without a warrant was     illegal; or
(2) The search and seizure with a warrant was illegal     because the warrant is insufficient on its face; the evidence seized is not that described in the warrant; there was not probable cause for the issuance of the warrant; or, the warrant was illegally executed.
(b) The motion shall be in writing and state facts showing wherein the
search and seizure were unlawful.  The judge shall receive evidence on any
issue of fact necessary to determine the motion and the burden of proving
that the search and seizure were unlawful shall be on the defendant.  If the
motion is granted the property shall be restored, unless otherwise subject
to lawful detention, and it shall not be admissible in evidence against the
movant at any trial.
(1) If a defendant seeks to suppress evidence because     of the conduct of a peace officer in obtaining the evidence, the State may urge that the peace officer's conduct was taken in a reasonable and objective good faith belief that the conduct was proper and that the evidence discovered should not be suppressed if otherwise admissible.  The court shall not suppress evidence which is otherwise admissible in a criminal proceeding if the court determines that the evidence was seized by a peace officer who acted in good faith.
(2) "Good faith" means whenever a peace officer     obtains evidence:
(i) pursuant to a search or an arrest warrant         obtained from a neutral and detached judge, which warrant is free from obvious defects other than non-deliberate errors in preparation and contains no material misrepresentation by any agent of the State, and the officer reasonably believed the warrant to be valid; or
(ii) pursuant to a warrantless search incident to         an arrest for violation of a statute or local ordinance which is later declared unconstitutional or otherwise invalidated.
(3) This amendatory Act of 1987 shall not be     construed to limit the enforcement of any appropriate civil remedy or criminal sanction in actions pursuant to other provisions of law against any individual or government entity found to have conducted an unreasonable search or seizure.
(4) This amendatory Act of 1987 does not apply to     unlawful electronic eavesdropping or wiretapping.
(c) The motion shall be made before trial unless opportunity therefor
did not exist or the defendant was not aware of the grounds for the motion.
If the motion is made during trial, and the court determines that the
motion is not untimely, and the court conducts a hearing on the merits and
enters an order suppressing the evidence, the court shall terminate the
trial with respect to every defendant who was a party to the hearing and
who was within the scope of the order of suppression, without further
proceedings, unless the State files a written notice that there will be no
interlocutory appeal from such order of suppression.  In the event of such
termination, the court shall proceed with the trial of other defendants not
thus affected.  Such termination of trial shall be proper and shall not bar
subsequent prosecution of the identical charges and defendants; however, if
after such termination the State fails to prosecute the interlocutory
appeal until a determination of the merits of the appeal by the reviewing
court, the termination shall be improper within the meaning of subparagraph
(a)(3) of Section 3-4 of the Criminal Code of 2012 and subsequent prosecution of such defendants upon such
charges shall be barred.
(d) The motion shall be made only before a court with jurisdiction to
try the offense.
(e) The order or judgment granting or denying the motion shall state the
findings of facts and conclusions of law upon which the order or judgment
is based.
(Source: P.A. 97-1150, eff. 1-25-13.)
(725 ILCS 5/114-13) (from Ch. 38, par. 114-13)
Sec. 114-13. Discovery in criminal cases.
(a) Discovery procedures in criminal cases shall be in accordance with
Supreme Court Rules.
(b) Any public investigative, law enforcement, or other public agency
responsible for
investigating any homicide offense or participating in an investigation of any
homicide offense, other than defense investigators, shall provide to the
authority prosecuting the offense all
investigative material, including but not limited to reports, memoranda, and
field notes,
that have been generated by or have come into the
possession of the investigating agency concerning the homicide offense being
investigated. In addition, the investigating agency shall provide to the
prosecuting authority any material or information, including but not limited to
reports, memoranda, and field notes, within its possession or
control that would tend to negate the guilt of the accused of the offense
charged or reduce his or her punishment for the homicide offense. Every
investigative
and law enforcement agency in this State shall adopt policies to ensure
compliance with these standards.
Any investigative, law enforcement, or other public agency responsible for
investigating any "non-homicide felony" offense or participating in an
investigation of any "non-homicide felony" offense, other than defense
investigators, shall provide to the authority prosecuting the offense all
investigative material, including but not limited to reports and memoranda
that have been generated by or have come into the possession of the
investigating agency concerning the "non-homicide felony" offense being
investigated.  In addition, the investigating agency shall provide to the
prosecuting authority any material or information, including but not limited to
reports and memoranda, within its possession or control that
would
tend to negate the guilt of the accused of the "non-homicide felony" offense
charged or reduce his or her punishment for the "non-homicide felony" offense.
This obligation to furnish exculpatory evidence exists whether the information
was recorded or documented in any form.  Every investigative and law
enforcement agency in this State shall adopt policies to ensure compliance with
these standards.
(Source: P.A. 93-605, eff. 11-19-03.)
(725 ILCS 5/114-13.5)
Sec. 114-13.5. Evidence deposition; elder abuse. In a prosecution for
 abuse, neglect, or financial exploitation of an eligible adult as defined
in the Adult Protective Services Act, the eligible adult may give testimony
in the form of an evidence deposition and not be required to appear in court
to testify.
(Source: P.A. 98-49, eff. 7-1-13.)
(725 ILCS 5/114-15)
Sec. 114-15. (Repealed).
(Source: P.A. 99-143, eff. 7-27-15. Repealed by P.A. 103-51, eff. 1-1-24.)