State Codes and Statutes

Statutes > Illinois > Chapter725 > 1966 > 072500050HTit_I


      (725 ILCS 5/Tit. I heading)
TITLE I. GENERAL PROVISIONS


      (725 ILCS 5/Art. 100 heading)
ARTICLE 100. TITLE AND SCOPE

    (725 ILCS 5/100‑1) (from Ch. 38, par. 100‑1)
    Sec. 100‑1. Short title.
    This Act shall be known and may be cited as the "Code of Criminal Procedure of 1963".
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/100‑2) (from Ch. 38, par. 100‑2)
    Sec. 100‑2. Scope.
    These provisions shall govern the procedure in the courts of Illinois in all criminal proceedings except where provision for a different procedure is specifically provided by law.
(Source: Laws 1963, p. 2836.)


      (725 ILCS 5/Art. 101 heading)
ARTICLE 101. GENERAL PURPOSES

    (725 ILCS 5/101‑1) (from Ch. 38, par. 101‑1)
    Sec. 101‑1. General purposes.
    The provisions of this Code shall be construed in accordance with the general purposes hereof, to:
    (a) Secure simplicity in procedure;
    (b) Ensure fairness of administration including the elimination of unjustifiable delay;
    (c) Ensure the effective apprehension and trial of persons accused of crime;
    (d) Provide for the just determination of every criminal proceeding by a fair and impartial trial and an adequate review; and
    (e) Preserve the public welfare and secure the fundamental human rights of individuals.
(Source: Laws 1963, p. 2836.)


      (725 ILCS 5/Art. 102 heading)
ARTICLE 102. GENERAL DEFINITIONS

    (725 ILCS 5/102‑1) (from Ch. 38, par. 102‑1)
    Sec. 102‑1. Meanings of words and phrases.
    For the purposes of this Code, the words and phrases described in this Article have the meanings designated in this Article, except when a particular context clearly requires a different meaning.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑2) (from Ch. 38, par. 102‑2)
    Sec. 102‑2. Reference to criminal code for words and phrases not described.
    A word or phrase not described in this Code but which is described in Article 2 of the "Criminal Code of 1961", approved July 28, 1961, as heretofore and hereafter amended, shall have the meaning therein described, except when a particular context in this Code clearly requires a different meaning.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑3) (from Ch. 38, par. 102‑3)
    Sec. 102‑3. Singular term includes plural‑Gender.
    A singular term shall include the plural and the masculine gender shall include the feminine except when a particular context clearly requires a different meaning.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑4) (from Ch. 38, par. 102‑4)
    Sec. 102‑4. "Arraignment".
    "Arraignment" means the formal act of calling the defendant into open court, informing him of the offense with which he is charged, and asking him whether he is guilty or not guilty.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑5) (from Ch. 38, par. 102‑5)
    Sec. 102‑5. "Arrest".
    "Arrest" means the taking of a person into custody.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑6) (from Ch. 38, par. 102‑6)
    Sec. 102‑6. "Bail".
    "Bail" means the amount of money set by the court which is required to be obligated and secured as provided by law for the release of a person in custody in order that he will appear before the court in which his appearance may be required and that he will comply with such conditions as set forth in the bail bond.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑7) (from Ch. 38, par. 102‑7)
    Sec. 102‑7. "Bail bond".
    "Bail bond" means an undertaking secured by bail entered into by a person in custody by which he binds himself to comply with such conditions as are set forth therein.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑8) (from Ch. 38, par. 102‑8)
    Sec. 102‑8. "Charge".
    "Charge" means a written statement presented to a court accusing a person of the commission of an offense and includes complaint, information and indictment.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑9) (from Ch. 38, par. 102‑9)
    Sec. 102‑9. "Complaint".
    "Complaint" means a verified written statement other than an information or an indictment, presented to a court, which charges the commission of an offense.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑10) (from Ch. 38, par. 102‑10)
    Sec. 102‑10. "Court".
    "Court" means a place where justice is judicially administered and includes a judge thereof.
(Source: P. A. 77‑1286.)

    (725 ILCS 5/102‑11) (from Ch. 38, par. 102‑11)
    Sec. 102‑11. "Indictment".
    "Indictment" means a written statement, presented by the Grand Jury to a court, which charges the commission of an offense.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑12) (from Ch. 38, par. 102‑12)
    Sec. 102‑12. "Information".
    "Information" means a verified written statement signed by a State's Attorney, and presented to a court, which charges the commission of an offense.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑13) (from Ch. 38, par. 102‑13)
    Sec. 102‑13. "Judge".
    "Judge" means a person who is invested by law with the power to perform judicial functions and includes a court when a particular context so requires.
(Source: P. A. 77‑1286.)

    (725 ILCS 5/102‑14) (from Ch. 38, par. 102‑14)
    Sec. 102‑14. "Judgment".
    "Judgment" means an adjudication by the court that the defendant is guilty or not guilty and if the adjudication is that the defendant is guilty it includes the sentence pronounced by the court.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑15) (from Ch. 38, par. 102‑15)
    Sec. 102‑15. "Offense".
    "Offense" means a violation of any penal statute of this State.
(Source: P.A. 76‑1796.)

    (725 ILCS 5/102‑16) (from Ch. 38, par. 102‑16)
    Sec. 102‑16. "Parole".
    "Parole" means the conditional and revocable release of a committed person under the supervision of a paroling authority.
(Source: P. A. 77‑2476.)

    (725 ILCS 5/102‑17) (from Ch. 38, par. 102‑17)
    Sec. 102‑17. "Preliminary examination".
    "Preliminary examination" means a hearing before a judge to determine if there is probable cause to believe that the person accused has committed an offense.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑18) (from Ch. 38, par. 102‑18)
    Sec. 102‑18. "Probation".
    "Probation" means a sentence or adjudication of conditional and revocable release under the supervision of a probation officer.
(Source: P.A. 77‑2476.)

    (725 ILCS 5/102‑19) (from Ch. 38, par. 102‑19)
    Sec. 102‑19. "Recognizance".
    "Recognizance" means an undertaking without security entered into by a person by which he binds himself to comply with such conditions as are set forth therein and which may provide for the forfeiture of a sum set by the court on failure to comply with the conditions thereof.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑20) (from Ch. 38, par. 102‑20)
    Sec. 102‑20. "Sentence".
    "Sentence" is the disposition imposed on the defendant by the court.
(Source: P.A. 77‑2476.)

    (725 ILCS 5/102‑21) (from Ch. 38, par. 102‑21)
    Sec. 102‑21. Clinical psychologist; court‑appointed examiner.
    (a) "Clinical psychologist" means a psychologist licensed under the Clinical Psychologist Licensing Act.
    (b) "Court‑appointed examiner" means a clinical social worker as defined in Section 9 of the Clinical Social Work and Social Work Practice Act.
(Source: P.A. 87‑530.)

    (725 ILCS 5/102‑22)
    Sec. 102‑22. "Facility director", for the purposes of Article 104, means the chief officer of a mental health or developmental disabilities facility or his or her designee or the supervisor of a program of treatment or habilitation or his or her designee. "Designee" may include a physician, clinical psychologist, social worker, or nurse.
(Source: P.A. 90‑105, eff. 7‑11‑97.)

    (725 ILCS 5/102‑23)
    Sec. 102‑23. "Moderately mentally retarded person" means a person whose intelligence quotient is between 41 and 55 and who does not suffer from significant mental illness to the extent that the person's ability to exercise rational judgment is impaired.
(Source: P.A. 92‑434, eff. 1‑1‑02.)


      (725 ILCS 5/Art. 103 heading)
ARTICLE 103. RIGHTS OF ACCUSED

    (725 ILCS 5/103‑1) (from Ch. 38, par. 103‑1)
    Sec. 103‑1. Rights on arrest. (a) After an arrest on a warrant the person making the arrest shall inform the person arrested that a warrant has been issued for his arrest and the nature of the offense specified in the warrant.
    (b) After an arrest without a warrant the person making the arrest shall inform the person arrested of the nature of the offense on which the arrest is based.
    (c) No person arrested for a traffic, regulatory or misdemeanor offense, except in cases involving weapons or a controlled substance, shall be strip searched unless there is reasonable belief that the individual is concealing a weapon or controlled substance.
    (d) "Strip search" means having an arrested person remove or arrange some or all of his or her clothing so as to permit a visual inspection of the genitals, buttocks, anus, female breasts or undergarments of such person.
    (e) All strip searches conducted under this Section shall be performed by persons of the same sex as the arrested person and on premises where the search cannot be observed by persons not physically conducting the search.
    (f) Every peace officer or employee of a police department conducting a strip search shall:
    (1) Obtain the written permission of the police commander or an agent thereof designated for the purposes of authorizing a strip search in accordance with this Section.
    (2) Prepare a report of the strip search. The report shall include the written authorization required by paragraph (1) of this subsection (f), the name of the person subjected to the search, the names of the persons conducting the search, and the time, date and place of the search. A copy of the report shall be provided to the person subject to the search.
    (g) No search of any body cavity other than the mouth shall be conducted without a duly executed search warrant; any warrant authorizing a body cavity search shall specify that the search must be performed under sanitary conditions and conducted either by or under the supervision of a physician licensed to practice medicine in all of its branches in this State.
    (h) Any peace officer or employee who knowingly or intentionally fails to comply with any provision of this Section is guilty of official misconduct as provided in Section 103‑8; provided however, that nothing contained in this Section shall preclude prosecution of a peace officer or employee under another section of this Code.
    (i) Nothing in this Section shall be construed as limiting any statutory or common law rights of any person for purposes of any civil action or injunctive relief.
    (j) The provisions of subsections (c) through (h) of this Section shall not apply when the person is taken into custody by or remanded to the sheriff or correctional institution pursuant to a court order.
(Source: P.A. 81‑1509.)

    (725 ILCS 5/103‑2) (from Ch. 38, par. 103‑2)
    Sec. 103‑2. Treatment while in custody.
    (a) On being taken into custody every person shall have the right to remain silent.
    (b) No unlawful means of any kind shall be used to obtain a statement, admission or confession from any person in custody.
    (c) Persons in custody shall be treated humanely and provided with proper food, shelter and, if required, medical treatment.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/103‑2.1)
    Sec. 103‑2.1. When statements by accused may be used.
    (a) In this Section, "custodial interrogation" means any interrogation during which (i) a reasonable person in the subject's position would consider himself or herself to be in custody and (ii) during which a question is asked that is reasonably likely to elicit an incriminating response.
    In this Section, "place of detention" means a building or a police station that is a place of operation for a municipal police department or county sheriff department or other law enforcement agency, not a courthouse, that is owned or operated by a law enforcement agency at which persons are or may be held in detention in connection with criminal charges against those persons.
    In this Section, "electronic recording" includes motion picture, audiotape, or videotape, or digital recording.
    (b) An oral, written, or sign language statement of an accused made as a result of a custodial interrogation at a police station or other place of detention shall be presumed to be inadmissible as evidence against the accused in any criminal proceeding brought under Section 9‑1, 9‑1.2, 9‑2, 9‑2.1, 9‑3, 9‑3.2, or 9‑3.3 of the Criminal Code of 1961 or under clause (d)(1)(F) of Section 11‑501 of the Illinois Vehicle Code unless:
        (1) an electronic recording is made of the custodial
     interrogation; and
        (2) the recording is substantially accurate and not
     intentionally altered.
    (c) Every electronic recording required under this Section must be preserved until such time as the defendant's conviction for any offense relating to the statement is final and all direct and habeas corpus appeals are exhausted, or the prosecution of such offenses is barred by law.
    (d) If the court finds, by a preponderance of the evidence, that the defendant was subjected to a custodial interrogation in violation of this Section, then any statements made by the defendant during or following that non‑recorded custodial interrogation, even if otherwise in compliance with this Section, are presumed to be inadmissible in any criminal proceeding against the defendant except for the purposes of impeachment.
    (e) Nothing in this Section precludes the admission (i) of a statement made by the accused in open court at his or her trial, before a grand jury, or at a preliminary hearing, (ii) of a statement made during a custodial interrogation that was not recorded as required by this Section, because electronic recording was not feasible, (iii) of a voluntary statement, whether or not the result of a custodial interrogation, that has a bearing on the credibility of the accused as a witness, (iv) of a spontaneous statement that is not made in response to a question, (v) of a statement made after questioning that is routinely asked during the processing of the arrest of the suspect, (vi) of a statement made during a custodial interrogation by a suspect who requests, prior to making the statement, to respond to the interrogator's questions only if an electronic recording is not made of the statement, provided that an electronic recording is made of the statement of agreeing to respond to the interrogator's question, only if a recording is not made of the statement, (vii) of a statement made during a custodial interrogation that is conducted out‑of‑state, (viii) of a statement given at a time when the interrogators are unaware that a death has in fact occurred, or (ix) of any other statement that may be admissible under law. The State shall bear the burden of proving, by a preponderance of the evidence, that one of the exceptions described in this subsection (e) is applicable. Nothing in this Section precludes the admission of a statement, otherwise inadmissible under this Section, that is used only for impeachment and not as substantive evidence.
    (f) The presumption of inadmissibility of a statement made by a suspect at a custodial interrogation at a police station or other place of detention may be overcome by a preponderance of the evidence that the statement was voluntarily given and is reliable, based on the totality of the circumstances.
    (g) Any electronic recording of any statement made by an accused during a custodial interrogation that is compiled by any law enforcement agency as required by this Section for the purposes of fulfilling the requirements of this Section shall be confidential and exempt from public inspection and copying, as provided under Section 7 of the Freedom of Information Act, and the information shall not be transmitted to anyone except as needed to comply with this Section.
(Source: P.A. 93‑206, eff. 7‑18‑05; 93‑517, eff. 8‑6‑05; 94‑117, eff. 7‑5‑05.)

    (725 ILCS 5/103‑3) (from Ch. 38, par. 103‑3)
    Sec. 103‑3. Right to communicate with attorney and family; transfers.
    (a) Persons who are arrested shall have the right to communicate with an attorney of their choice and a member of their family by making a reasonable number of telephone calls or in any other reasonable manner. Such communication shall be permitted within a reasonable time after arrival at the first place of custody.
    (b) In the event the accused is transferred to a new place of custody his right to communicate with an attorney and a member of his family is renewed.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/103‑4) (from Ch. 38, par. 103‑4)
    Sec. 103‑4. Right to consult with attorney.
    Any person committed, imprisoned or restrained of his liberty for any cause whatever and whether or not such person is charged with an offense shall, except in cases of imminent danger of escape, be allowed to consult with any licensed attorney at law of this State whom such person may desire to see or consult, alone and in private at the place of custody, as many times and for such period each time as is reasonable. When any such person is about to be moved beyond the limits of this State under any pretense whatever the person to be moved shall be entitled to a reasonable delay for the purpose of obtaining counsel and of availing himself of the laws of this State for the security of personal liberty.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/103‑5)

State Codes and Statutes

Statutes > Illinois > Chapter725 > 1966 > 072500050HTit_I


      (725 ILCS 5/Tit. I heading)
TITLE I. GENERAL PROVISIONS


      (725 ILCS 5/Art. 100 heading)
ARTICLE 100. TITLE AND SCOPE

    (725 ILCS 5/100‑1) (from Ch. 38, par. 100‑1)
    Sec. 100‑1. Short title.
    This Act shall be known and may be cited as the "Code of Criminal Procedure of 1963".
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/100‑2) (from Ch. 38, par. 100‑2)
    Sec. 100‑2. Scope.
    These provisions shall govern the procedure in the courts of Illinois in all criminal proceedings except where provision for a different procedure is specifically provided by law.
(Source: Laws 1963, p. 2836.)


      (725 ILCS 5/Art. 101 heading)
ARTICLE 101. GENERAL PURPOSES

    (725 ILCS 5/101‑1) (from Ch. 38, par. 101‑1)
    Sec. 101‑1. General purposes.
    The provisions of this Code shall be construed in accordance with the general purposes hereof, to:
    (a) Secure simplicity in procedure;
    (b) Ensure fairness of administration including the elimination of unjustifiable delay;
    (c) Ensure the effective apprehension and trial of persons accused of crime;
    (d) Provide for the just determination of every criminal proceeding by a fair and impartial trial and an adequate review; and
    (e) Preserve the public welfare and secure the fundamental human rights of individuals.
(Source: Laws 1963, p. 2836.)


      (725 ILCS 5/Art. 102 heading)
ARTICLE 102. GENERAL DEFINITIONS

    (725 ILCS 5/102‑1) (from Ch. 38, par. 102‑1)
    Sec. 102‑1. Meanings of words and phrases.
    For the purposes of this Code, the words and phrases described in this Article have the meanings designated in this Article, except when a particular context clearly requires a different meaning.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑2) (from Ch. 38, par. 102‑2)
    Sec. 102‑2. Reference to criminal code for words and phrases not described.
    A word or phrase not described in this Code but which is described in Article 2 of the "Criminal Code of 1961", approved July 28, 1961, as heretofore and hereafter amended, shall have the meaning therein described, except when a particular context in this Code clearly requires a different meaning.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑3) (from Ch. 38, par. 102‑3)
    Sec. 102‑3. Singular term includes plural‑Gender.
    A singular term shall include the plural and the masculine gender shall include the feminine except when a particular context clearly requires a different meaning.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑4) (from Ch. 38, par. 102‑4)
    Sec. 102‑4. "Arraignment".
    "Arraignment" means the formal act of calling the defendant into open court, informing him of the offense with which he is charged, and asking him whether he is guilty or not guilty.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑5) (from Ch. 38, par. 102‑5)
    Sec. 102‑5. "Arrest".
    "Arrest" means the taking of a person into custody.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑6) (from Ch. 38, par. 102‑6)
    Sec. 102‑6. "Bail".
    "Bail" means the amount of money set by the court which is required to be obligated and secured as provided by law for the release of a person in custody in order that he will appear before the court in which his appearance may be required and that he will comply with such conditions as set forth in the bail bond.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑7) (from Ch. 38, par. 102‑7)
    Sec. 102‑7. "Bail bond".
    "Bail bond" means an undertaking secured by bail entered into by a person in custody by which he binds himself to comply with such conditions as are set forth therein.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑8) (from Ch. 38, par. 102‑8)
    Sec. 102‑8. "Charge".
    "Charge" means a written statement presented to a court accusing a person of the commission of an offense and includes complaint, information and indictment.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑9) (from Ch. 38, par. 102‑9)
    Sec. 102‑9. "Complaint".
    "Complaint" means a verified written statement other than an information or an indictment, presented to a court, which charges the commission of an offense.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑10) (from Ch. 38, par. 102‑10)
    Sec. 102‑10. "Court".
    "Court" means a place where justice is judicially administered and includes a judge thereof.
(Source: P. A. 77‑1286.)

    (725 ILCS 5/102‑11) (from Ch. 38, par. 102‑11)
    Sec. 102‑11. "Indictment".
    "Indictment" means a written statement, presented by the Grand Jury to a court, which charges the commission of an offense.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑12) (from Ch. 38, par. 102‑12)
    Sec. 102‑12. "Information".
    "Information" means a verified written statement signed by a State's Attorney, and presented to a court, which charges the commission of an offense.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑13) (from Ch. 38, par. 102‑13)
    Sec. 102‑13. "Judge".
    "Judge" means a person who is invested by law with the power to perform judicial functions and includes a court when a particular context so requires.
(Source: P. A. 77‑1286.)

    (725 ILCS 5/102‑14) (from Ch. 38, par. 102‑14)
    Sec. 102‑14. "Judgment".
    "Judgment" means an adjudication by the court that the defendant is guilty or not guilty and if the adjudication is that the defendant is guilty it includes the sentence pronounced by the court.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑15) (from Ch. 38, par. 102‑15)
    Sec. 102‑15. "Offense".
    "Offense" means a violation of any penal statute of this State.
(Source: P.A. 76‑1796.)

    (725 ILCS 5/102‑16) (from Ch. 38, par. 102‑16)
    Sec. 102‑16. "Parole".
    "Parole" means the conditional and revocable release of a committed person under the supervision of a paroling authority.
(Source: P. A. 77‑2476.)

    (725 ILCS 5/102‑17) (from Ch. 38, par. 102‑17)
    Sec. 102‑17. "Preliminary examination".
    "Preliminary examination" means a hearing before a judge to determine if there is probable cause to believe that the person accused has committed an offense.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑18) (from Ch. 38, par. 102‑18)
    Sec. 102‑18. "Probation".
    "Probation" means a sentence or adjudication of conditional and revocable release under the supervision of a probation officer.
(Source: P.A. 77‑2476.)

    (725 ILCS 5/102‑19) (from Ch. 38, par. 102‑19)
    Sec. 102‑19. "Recognizance".
    "Recognizance" means an undertaking without security entered into by a person by which he binds himself to comply with such conditions as are set forth therein and which may provide for the forfeiture of a sum set by the court on failure to comply with the conditions thereof.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑20) (from Ch. 38, par. 102‑20)
    Sec. 102‑20. "Sentence".
    "Sentence" is the disposition imposed on the defendant by the court.
(Source: P.A. 77‑2476.)

    (725 ILCS 5/102‑21) (from Ch. 38, par. 102‑21)
    Sec. 102‑21. Clinical psychologist; court‑appointed examiner.
    (a) "Clinical psychologist" means a psychologist licensed under the Clinical Psychologist Licensing Act.
    (b) "Court‑appointed examiner" means a clinical social worker as defined in Section 9 of the Clinical Social Work and Social Work Practice Act.
(Source: P.A. 87‑530.)

    (725 ILCS 5/102‑22)
    Sec. 102‑22. "Facility director", for the purposes of Article 104, means the chief officer of a mental health or developmental disabilities facility or his or her designee or the supervisor of a program of treatment or habilitation or his or her designee. "Designee" may include a physician, clinical psychologist, social worker, or nurse.
(Source: P.A. 90‑105, eff. 7‑11‑97.)

    (725 ILCS 5/102‑23)
    Sec. 102‑23. "Moderately mentally retarded person" means a person whose intelligence quotient is between 41 and 55 and who does not suffer from significant mental illness to the extent that the person's ability to exercise rational judgment is impaired.
(Source: P.A. 92‑434, eff. 1‑1‑02.)


      (725 ILCS 5/Art. 103 heading)
ARTICLE 103. RIGHTS OF ACCUSED

    (725 ILCS 5/103‑1) (from Ch. 38, par. 103‑1)
    Sec. 103‑1. Rights on arrest. (a) After an arrest on a warrant the person making the arrest shall inform the person arrested that a warrant has been issued for his arrest and the nature of the offense specified in the warrant.
    (b) After an arrest without a warrant the person making the arrest shall inform the person arrested of the nature of the offense on which the arrest is based.
    (c) No person arrested for a traffic, regulatory or misdemeanor offense, except in cases involving weapons or a controlled substance, shall be strip searched unless there is reasonable belief that the individual is concealing a weapon or controlled substance.
    (d) "Strip search" means having an arrested person remove or arrange some or all of his or her clothing so as to permit a visual inspection of the genitals, buttocks, anus, female breasts or undergarments of such person.
    (e) All strip searches conducted under this Section shall be performed by persons of the same sex as the arrested person and on premises where the search cannot be observed by persons not physically conducting the search.
    (f) Every peace officer or employee of a police department conducting a strip search shall:
    (1) Obtain the written permission of the police commander or an agent thereof designated for the purposes of authorizing a strip search in accordance with this Section.
    (2) Prepare a report of the strip search. The report shall include the written authorization required by paragraph (1) of this subsection (f), the name of the person subjected to the search, the names of the persons conducting the search, and the time, date and place of the search. A copy of the report shall be provided to the person subject to the search.
    (g) No search of any body cavity other than the mouth shall be conducted without a duly executed search warrant; any warrant authorizing a body cavity search shall specify that the search must be performed under sanitary conditions and conducted either by or under the supervision of a physician licensed to practice medicine in all of its branches in this State.
    (h) Any peace officer or employee who knowingly or intentionally fails to comply with any provision of this Section is guilty of official misconduct as provided in Section 103‑8; provided however, that nothing contained in this Section shall preclude prosecution of a peace officer or employee under another section of this Code.
    (i) Nothing in this Section shall be construed as limiting any statutory or common law rights of any person for purposes of any civil action or injunctive relief.
    (j) The provisions of subsections (c) through (h) of this Section shall not apply when the person is taken into custody by or remanded to the sheriff or correctional institution pursuant to a court order.
(Source: P.A. 81‑1509.)

    (725 ILCS 5/103‑2) (from Ch. 38, par. 103‑2)
    Sec. 103‑2. Treatment while in custody.
    (a) On being taken into custody every person shall have the right to remain silent.
    (b) No unlawful means of any kind shall be used to obtain a statement, admission or confession from any person in custody.
    (c) Persons in custody shall be treated humanely and provided with proper food, shelter and, if required, medical treatment.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/103‑2.1)
    Sec. 103‑2.1. When statements by accused may be used.
    (a) In this Section, "custodial interrogation" means any interrogation during which (i) a reasonable person in the subject's position would consider himself or herself to be in custody and (ii) during which a question is asked that is reasonably likely to elicit an incriminating response.
    In this Section, "place of detention" means a building or a police station that is a place of operation for a municipal police department or county sheriff department or other law enforcement agency, not a courthouse, that is owned or operated by a law enforcement agency at which persons are or may be held in detention in connection with criminal charges against those persons.
    In this Section, "electronic recording" includes motion picture, audiotape, or videotape, or digital recording.
    (b) An oral, written, or sign language statement of an accused made as a result of a custodial interrogation at a police station or other place of detention shall be presumed to be inadmissible as evidence against the accused in any criminal proceeding brought under Section 9‑1, 9‑1.2, 9‑2, 9‑2.1, 9‑3, 9‑3.2, or 9‑3.3 of the Criminal Code of 1961 or under clause (d)(1)(F) of Section 11‑501 of the Illinois Vehicle Code unless:
        (1) an electronic recording is made of the custodial
     interrogation; and
        (2) the recording is substantially accurate and not
     intentionally altered.
    (c) Every electronic recording required under this Section must be preserved until such time as the defendant's conviction for any offense relating to the statement is final and all direct and habeas corpus appeals are exhausted, or the prosecution of such offenses is barred by law.
    (d) If the court finds, by a preponderance of the evidence, that the defendant was subjected to a custodial interrogation in violation of this Section, then any statements made by the defendant during or following that non‑recorded custodial interrogation, even if otherwise in compliance with this Section, are presumed to be inadmissible in any criminal proceeding against the defendant except for the purposes of impeachment.
    (e) Nothing in this Section precludes the admission (i) of a statement made by the accused in open court at his or her trial, before a grand jury, or at a preliminary hearing, (ii) of a statement made during a custodial interrogation that was not recorded as required by this Section, because electronic recording was not feasible, (iii) of a voluntary statement, whether or not the result of a custodial interrogation, that has a bearing on the credibility of the accused as a witness, (iv) of a spontaneous statement that is not made in response to a question, (v) of a statement made after questioning that is routinely asked during the processing of the arrest of the suspect, (vi) of a statement made during a custodial interrogation by a suspect who requests, prior to making the statement, to respond to the interrogator's questions only if an electronic recording is not made of the statement, provided that an electronic recording is made of the statement of agreeing to respond to the interrogator's question, only if a recording is not made of the statement, (vii) of a statement made during a custodial interrogation that is conducted out‑of‑state, (viii) of a statement given at a time when the interrogators are unaware that a death has in fact occurred, or (ix) of any other statement that may be admissible under law. The State shall bear the burden of proving, by a preponderance of the evidence, that one of the exceptions described in this subsection (e) is applicable. Nothing in this Section precludes the admission of a statement, otherwise inadmissible under this Section, that is used only for impeachment and not as substantive evidence.
    (f) The presumption of inadmissibility of a statement made by a suspect at a custodial interrogation at a police station or other place of detention may be overcome by a preponderance of the evidence that the statement was voluntarily given and is reliable, based on the totality of the circumstances.
    (g) Any electronic recording of any statement made by an accused during a custodial interrogation that is compiled by any law enforcement agency as required by this Section for the purposes of fulfilling the requirements of this Section shall be confidential and exempt from public inspection and copying, as provided under Section 7 of the Freedom of Information Act, and the information shall not be transmitted to anyone except as needed to comply with this Section.
(Source: P.A. 93‑206, eff. 7‑18‑05; 93‑517, eff. 8‑6‑05; 94‑117, eff. 7‑5‑05.)

    (725 ILCS 5/103‑3) (from Ch. 38, par. 103‑3)
    Sec. 103‑3. Right to communicate with attorney and family; transfers.
    (a) Persons who are arrested shall have the right to communicate with an attorney of their choice and a member of their family by making a reasonable number of telephone calls or in any other reasonable manner. Such communication shall be permitted within a reasonable time after arrival at the first place of custody.
    (b) In the event the accused is transferred to a new place of custody his right to communicate with an attorney and a member of his family is renewed.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/103‑4) (from Ch. 38, par. 103‑4)
    Sec. 103‑4. Right to consult with attorney.
    Any person committed, imprisoned or restrained of his liberty for any cause whatever and whether or not such person is charged with an offense shall, except in cases of imminent danger of escape, be allowed to consult with any licensed attorney at law of this State whom such person may desire to see or consult, alone and in private at the place of custody, as many times and for such period each time as is reasonable. When any such person is about to be moved beyond the limits of this State under any pretense whatever the person to be moved shall be entitled to a reasonable delay for the purpose of obtaining counsel and of availing himself of the laws of this State for the security of personal liberty.
(Source: Laws 1963, p. 2836.)

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Statutes > Illinois > Chapter725 > 1966 > 072500050HTit_I


      (725 ILCS 5/Tit. I heading)
TITLE I. GENERAL PROVISIONS


      (725 ILCS 5/Art. 100 heading)
ARTICLE 100. TITLE AND SCOPE

    (725 ILCS 5/100‑1) (from Ch. 38, par. 100‑1)
    Sec. 100‑1. Short title.
    This Act shall be known and may be cited as the "Code of Criminal Procedure of 1963".
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/100‑2) (from Ch. 38, par. 100‑2)
    Sec. 100‑2. Scope.
    These provisions shall govern the procedure in the courts of Illinois in all criminal proceedings except where provision for a different procedure is specifically provided by law.
(Source: Laws 1963, p. 2836.)


      (725 ILCS 5/Art. 101 heading)
ARTICLE 101. GENERAL PURPOSES

    (725 ILCS 5/101‑1) (from Ch. 38, par. 101‑1)
    Sec. 101‑1. General purposes.
    The provisions of this Code shall be construed in accordance with the general purposes hereof, to:
    (a) Secure simplicity in procedure;
    (b) Ensure fairness of administration including the elimination of unjustifiable delay;
    (c) Ensure the effective apprehension and trial of persons accused of crime;
    (d) Provide for the just determination of every criminal proceeding by a fair and impartial trial and an adequate review; and
    (e) Preserve the public welfare and secure the fundamental human rights of individuals.
(Source: Laws 1963, p. 2836.)


      (725 ILCS 5/Art. 102 heading)
ARTICLE 102. GENERAL DEFINITIONS

    (725 ILCS 5/102‑1) (from Ch. 38, par. 102‑1)
    Sec. 102‑1. Meanings of words and phrases.
    For the purposes of this Code, the words and phrases described in this Article have the meanings designated in this Article, except when a particular context clearly requires a different meaning.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑2) (from Ch. 38, par. 102‑2)
    Sec. 102‑2. Reference to criminal code for words and phrases not described.
    A word or phrase not described in this Code but which is described in Article 2 of the "Criminal Code of 1961", approved July 28, 1961, as heretofore and hereafter amended, shall have the meaning therein described, except when a particular context in this Code clearly requires a different meaning.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑3) (from Ch. 38, par. 102‑3)
    Sec. 102‑3. Singular term includes plural‑Gender.
    A singular term shall include the plural and the masculine gender shall include the feminine except when a particular context clearly requires a different meaning.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑4) (from Ch. 38, par. 102‑4)
    Sec. 102‑4. "Arraignment".
    "Arraignment" means the formal act of calling the defendant into open court, informing him of the offense with which he is charged, and asking him whether he is guilty or not guilty.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑5) (from Ch. 38, par. 102‑5)
    Sec. 102‑5. "Arrest".
    "Arrest" means the taking of a person into custody.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑6) (from Ch. 38, par. 102‑6)
    Sec. 102‑6. "Bail".
    "Bail" means the amount of money set by the court which is required to be obligated and secured as provided by law for the release of a person in custody in order that he will appear before the court in which his appearance may be required and that he will comply with such conditions as set forth in the bail bond.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑7) (from Ch. 38, par. 102‑7)
    Sec. 102‑7. "Bail bond".
    "Bail bond" means an undertaking secured by bail entered into by a person in custody by which he binds himself to comply with such conditions as are set forth therein.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑8) (from Ch. 38, par. 102‑8)
    Sec. 102‑8. "Charge".
    "Charge" means a written statement presented to a court accusing a person of the commission of an offense and includes complaint, information and indictment.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑9) (from Ch. 38, par. 102‑9)
    Sec. 102‑9. "Complaint".
    "Complaint" means a verified written statement other than an information or an indictment, presented to a court, which charges the commission of an offense.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑10) (from Ch. 38, par. 102‑10)
    Sec. 102‑10. "Court".
    "Court" means a place where justice is judicially administered and includes a judge thereof.
(Source: P. A. 77‑1286.)

    (725 ILCS 5/102‑11) (from Ch. 38, par. 102‑11)
    Sec. 102‑11. "Indictment".
    "Indictment" means a written statement, presented by the Grand Jury to a court, which charges the commission of an offense.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑12) (from Ch. 38, par. 102‑12)
    Sec. 102‑12. "Information".
    "Information" means a verified written statement signed by a State's Attorney, and presented to a court, which charges the commission of an offense.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑13) (from Ch. 38, par. 102‑13)
    Sec. 102‑13. "Judge".
    "Judge" means a person who is invested by law with the power to perform judicial functions and includes a court when a particular context so requires.
(Source: P. A. 77‑1286.)

    (725 ILCS 5/102‑14) (from Ch. 38, par. 102‑14)
    Sec. 102‑14. "Judgment".
    "Judgment" means an adjudication by the court that the defendant is guilty or not guilty and if the adjudication is that the defendant is guilty it includes the sentence pronounced by the court.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑15) (from Ch. 38, par. 102‑15)
    Sec. 102‑15. "Offense".
    "Offense" means a violation of any penal statute of this State.
(Source: P.A. 76‑1796.)

    (725 ILCS 5/102‑16) (from Ch. 38, par. 102‑16)
    Sec. 102‑16. "Parole".
    "Parole" means the conditional and revocable release of a committed person under the supervision of a paroling authority.
(Source: P. A. 77‑2476.)

    (725 ILCS 5/102‑17) (from Ch. 38, par. 102‑17)
    Sec. 102‑17. "Preliminary examination".
    "Preliminary examination" means a hearing before a judge to determine if there is probable cause to believe that the person accused has committed an offense.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑18) (from Ch. 38, par. 102‑18)
    Sec. 102‑18. "Probation".
    "Probation" means a sentence or adjudication of conditional and revocable release under the supervision of a probation officer.
(Source: P.A. 77‑2476.)

    (725 ILCS 5/102‑19) (from Ch. 38, par. 102‑19)
    Sec. 102‑19. "Recognizance".
    "Recognizance" means an undertaking without security entered into by a person by which he binds himself to comply with such conditions as are set forth therein and which may provide for the forfeiture of a sum set by the court on failure to comply with the conditions thereof.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/102‑20) (from Ch. 38, par. 102‑20)
    Sec. 102‑20. "Sentence".
    "Sentence" is the disposition imposed on the defendant by the court.
(Source: P.A. 77‑2476.)

    (725 ILCS 5/102‑21) (from Ch. 38, par. 102‑21)
    Sec. 102‑21. Clinical psychologist; court‑appointed examiner.
    (a) "Clinical psychologist" means a psychologist licensed under the Clinical Psychologist Licensing Act.
    (b) "Court‑appointed examiner" means a clinical social worker as defined in Section 9 of the Clinical Social Work and Social Work Practice Act.
(Source: P.A. 87‑530.)

    (725 ILCS 5/102‑22)
    Sec. 102‑22. "Facility director", for the purposes of Article 104, means the chief officer of a mental health or developmental disabilities facility or his or her designee or the supervisor of a program of treatment or habilitation or his or her designee. "Designee" may include a physician, clinical psychologist, social worker, or nurse.
(Source: P.A. 90‑105, eff. 7‑11‑97.)

    (725 ILCS 5/102‑23)
    Sec. 102‑23. "Moderately mentally retarded person" means a person whose intelligence quotient is between 41 and 55 and who does not suffer from significant mental illness to the extent that the person's ability to exercise rational judgment is impaired.
(Source: P.A. 92‑434, eff. 1‑1‑02.)


      (725 ILCS 5/Art. 103 heading)
ARTICLE 103. RIGHTS OF ACCUSED

    (725 ILCS 5/103‑1) (from Ch. 38, par. 103‑1)
    Sec. 103‑1. Rights on arrest. (a) After an arrest on a warrant the person making the arrest shall inform the person arrested that a warrant has been issued for his arrest and the nature of the offense specified in the warrant.
    (b) After an arrest without a warrant the person making the arrest shall inform the person arrested of the nature of the offense on which the arrest is based.
    (c) No person arrested for a traffic, regulatory or misdemeanor offense, except in cases involving weapons or a controlled substance, shall be strip searched unless there is reasonable belief that the individual is concealing a weapon or controlled substance.
    (d) "Strip search" means having an arrested person remove or arrange some or all of his or her clothing so as to permit a visual inspection of the genitals, buttocks, anus, female breasts or undergarments of such person.
    (e) All strip searches conducted under this Section shall be performed by persons of the same sex as the arrested person and on premises where the search cannot be observed by persons not physically conducting the search.
    (f) Every peace officer or employee of a police department conducting a strip search shall:
    (1) Obtain the written permission of the police commander or an agent thereof designated for the purposes of authorizing a strip search in accordance with this Section.
    (2) Prepare a report of the strip search. The report shall include the written authorization required by paragraph (1) of this subsection (f), the name of the person subjected to the search, the names of the persons conducting the search, and the time, date and place of the search. A copy of the report shall be provided to the person subject to the search.
    (g) No search of any body cavity other than the mouth shall be conducted without a duly executed search warrant; any warrant authorizing a body cavity search shall specify that the search must be performed under sanitary conditions and conducted either by or under the supervision of a physician licensed to practice medicine in all of its branches in this State.
    (h) Any peace officer or employee who knowingly or intentionally fails to comply with any provision of this Section is guilty of official misconduct as provided in Section 103‑8; provided however, that nothing contained in this Section shall preclude prosecution of a peace officer or employee under another section of this Code.
    (i) Nothing in this Section shall be construed as limiting any statutory or common law rights of any person for purposes of any civil action or injunctive relief.
    (j) The provisions of subsections (c) through (h) of this Section shall not apply when the person is taken into custody by or remanded to the sheriff or correctional institution pursuant to a court order.
(Source: P.A. 81‑1509.)

    (725 ILCS 5/103‑2) (from Ch. 38, par. 103‑2)
    Sec. 103‑2. Treatment while in custody.
    (a) On being taken into custody every person shall have the right to remain silent.
    (b) No unlawful means of any kind shall be used to obtain a statement, admission or confession from any person in custody.
    (c) Persons in custody shall be treated humanely and provided with proper food, shelter and, if required, medical treatment.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/103‑2.1)
    Sec. 103‑2.1. When statements by accused may be used.
    (a) In this Section, "custodial interrogation" means any interrogation during which (i) a reasonable person in the subject's position would consider himself or herself to be in custody and (ii) during which a question is asked that is reasonably likely to elicit an incriminating response.
    In this Section, "place of detention" means a building or a police station that is a place of operation for a municipal police department or county sheriff department or other law enforcement agency, not a courthouse, that is owned or operated by a law enforcement agency at which persons are or may be held in detention in connection with criminal charges against those persons.
    In this Section, "electronic recording" includes motion picture, audiotape, or videotape, or digital recording.
    (b) An oral, written, or sign language statement of an accused made as a result of a custodial interrogation at a police station or other place of detention shall be presumed to be inadmissible as evidence against the accused in any criminal proceeding brought under Section 9‑1, 9‑1.2, 9‑2, 9‑2.1, 9‑3, 9‑3.2, or 9‑3.3 of the Criminal Code of 1961 or under clause (d)(1)(F) of Section 11‑501 of the Illinois Vehicle Code unless:
        (1) an electronic recording is made of the custodial
     interrogation; and
        (2) the recording is substantially accurate and not
     intentionally altered.
    (c) Every electronic recording required under this Section must be preserved until such time as the defendant's conviction for any offense relating to the statement is final and all direct and habeas corpus appeals are exhausted, or the prosecution of such offenses is barred by law.
    (d) If the court finds, by a preponderance of the evidence, that the defendant was subjected to a custodial interrogation in violation of this Section, then any statements made by the defendant during or following that non‑recorded custodial interrogation, even if otherwise in compliance with this Section, are presumed to be inadmissible in any criminal proceeding against the defendant except for the purposes of impeachment.
    (e) Nothing in this Section precludes the admission (i) of a statement made by the accused in open court at his or her trial, before a grand jury, or at a preliminary hearing, (ii) of a statement made during a custodial interrogation that was not recorded as required by this Section, because electronic recording was not feasible, (iii) of a voluntary statement, whether or not the result of a custodial interrogation, that has a bearing on the credibility of the accused as a witness, (iv) of a spontaneous statement that is not made in response to a question, (v) of a statement made after questioning that is routinely asked during the processing of the arrest of the suspect, (vi) of a statement made during a custodial interrogation by a suspect who requests, prior to making the statement, to respond to the interrogator's questions only if an electronic recording is not made of the statement, provided that an electronic recording is made of the statement of agreeing to respond to the interrogator's question, only if a recording is not made of the statement, (vii) of a statement made during a custodial interrogation that is conducted out‑of‑state, (viii) of a statement given at a time when the interrogators are unaware that a death has in fact occurred, or (ix) of any other statement that may be admissible under law. The State shall bear the burden of proving, by a preponderance of the evidence, that one of the exceptions described in this subsection (e) is applicable. Nothing in this Section precludes the admission of a statement, otherwise inadmissible under this Section, that is used only for impeachment and not as substantive evidence.
    (f) The presumption of inadmissibility of a statement made by a suspect at a custodial interrogation at a police station or other place of detention may be overcome by a preponderance of the evidence that the statement was voluntarily given and is reliable, based on the totality of the circumstances.
    (g) Any electronic recording of any statement made by an accused during a custodial interrogation that is compiled by any law enforcement agency as required by this Section for the purposes of fulfilling the requirements of this Section shall be confidential and exempt from public inspection and copying, as provided under Section 7 of the Freedom of Information Act, and the information shall not be transmitted to anyone except as needed to comply with this Section.
(Source: P.A. 93‑206, eff. 7‑18‑05; 93‑517, eff. 8‑6‑05; 94‑117, eff. 7‑5‑05.)

    (725 ILCS 5/103‑3) (from Ch. 38, par. 103‑3)
    Sec. 103‑3. Right to communicate with attorney and family; transfers.
    (a) Persons who are arrested shall have the right to communicate with an attorney of their choice and a member of their family by making a reasonable number of telephone calls or in any other reasonable manner. Such communication shall be permitted within a reasonable time after arrival at the first place of custody.
    (b) In the event the accused is transferred to a new place of custody his right to communicate with an attorney and a member of his family is renewed.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/103‑4) (from Ch. 38, par. 103‑4)
    Sec. 103‑4. Right to consult with attorney.
    Any person committed, imprisoned or restrained of his liberty for any cause whatever and whether or not such person is charged with an offense shall, except in cases of imminent danger of escape, be allowed to consult with any licensed attorney at law of this State whom such person may desire to see or consult, alone and in private at the place of custody, as many times and for such period each time as is reasonable. When any such person is about to be moved beyond the limits of this State under any pretense whatever the person to be moved shall be entitled to a reasonable delay for the purpose of obtaining counsel and of availing himself of the laws of this State for the security of personal liberty.
(Source: Laws 1963, p. 2836.)

    (725 ILCS 5/103‑5)

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