Illinois 725 ILCS 5/ Code of Criminal Procedure of 1963.
Article 115 - TrialCode Resources
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(725 ILCS 5/115‑1) (from Ch. 38, par. 115‑1)
Sec. 115‑1.
Method of Trial.
All prosecutions except on a plea of guilty
or guilty but mentally ill shall be tried by the court and a jury unless
the defendant waives a jury trial in writing.
(Source: P.A. 87‑410.)
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(725 ILCS 5/115‑2) (from Ch. 38, par. 115‑2)
Sec. 115‑2.
Pleas of Guilty and guilty but mentally ill.
(a) Before
or during trial a plea of guilty
may be accepted when:
(1) The defendant enters a plea of guilty in open court;
(2) The court has informed the defendant of the consequences of his plea
and of the maximum penalty provided by law which may be imposed upon
acceptance of such plea.
Upon acceptance of a plea of guilty the court shall determine
the factual basis for the plea.
(b) Before or during trial a plea of guilty but mentally ill may be
accepted by the court when:
(1) the defendant has undergone an examination by a clinical psychologist
or psychiatrist
and has waived his right to trial; and
(2) the judge has examined the psychiatric or psychological report or reports; and
(3) the judge has held a hearing, at which either party may present evidence,
on the issue of the defendant's mental health and, at the conclusion of
such hearing, 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.
(Source: P.A. 82‑553.)
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(725 ILCS 5/115‑3) (from Ch. 38, par. 115‑3)
Sec. 115‑3.
Trial by the Court.
(a) A trial shall be conducted in
the presence of the defendant unless he waives the right to be present.
(b) Upon conclusion of the trial the court shall enter a general
finding, except that, when the affirmative defense of insanity has been
presented during the trial and acquittal is based solely upon the
defense of insanity, the court shall enter a finding of not guilty by
reason of insanity. In the event of a finding of not guilty by reason
of insanity, a hearing shall be held pursuant to the Mental Health and
Developmental Disabilities Code to determine whether the defendant is
subject to involuntary admission.
(c) When the defendant has asserted a defense of insanity, the court
may find the defendant guilty but mentally ill if, after hearing all of
the evidence, the court finds that:
(1) the State has proven beyond a reasonable doubt that the defendant
is guilty of the offense charged; and
(2) the defendant has failed to prove his insanity as required in
subsection (b) of Section 3‑2 of the Criminal Code of 1961, as amended, and
subsections (a), (b) and (e) of Section
6‑2 of the Criminal Code of 1961, as amended; and
(3) the defendant has proven by a preponderance of the evidence that
he was mentally ill, as defined in subsections (c) and (d) of Section 6‑2 of
the Criminal Code of 1961, as amended, at the time of the offense.
(Source: P.A. 86‑392.)
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(725 ILCS 5/115‑4) (from Ch. 38, par. 115‑4)
Sec. 115‑4.
Trial by Court and Jury.) (a) Questions of law shall be
decided by the court and questions of fact by the jury.
(b) The jury shall consist of 12 members.
(c) Upon request the parties shall be furnished with a list of
prospective jurors with their addresses if known.
(d) Each party may challenge jurors for cause.
If a prospective juror has a physical impairment, the court shall consider
such prospective juror's ability to perceive and appreciate the evidence
when considering a challenge for cause.
(e) A defendant tried alone shall be allowed 20 peremptory
challenges in a capital case, 10 in a case in which the punishment may
be imprisonment in the penitentiary, and 5 in all other cases; except
that, in a single trial of more than one defendant, each defendant shall
be allowed 12 peremptory challenges in a capital case, 6 in a case in
which the punishment may be imprisonment in the penitentiary, and 3 in
all other cases. If several charges against a defendant or defendants
are consolidated for trial, each defendant shall be allowed peremptory
challenges upon one charge only, which single charge shall be the charge
against that defendant authorizing the greatest maximum penalty. The
State shall be allowed the same number of peremptory challenges as all
of the defendants.
(f) After examination by the court the jurors may be examined,
passed upon, accepted and tendered by opposing counsel as provided by
Supreme Court rules.
(g) After the jury is impaneled and sworn the court may direct the
selection of 2 alternate jurors who shall take the same oath as the
regular jurors. Each party shall have one additional peremptory
challenge for each alternate juror. If before the final submission of a
cause a member of the jury dies or is discharged he shall be replaced by
an alternate juror in the order of selection.
(h) A trial by the court and jury shall be conducted in the presence
of the defendant unless he waives the right to be present.
(i) After arguments of counsel the court shall instruct the jury as
to the law.
(j) Unless the affirmative defense of insanity has been presented
during the trial, the jury shall return a general verdict as to each
offense charged. When the affirmative defense of insanity has been
presented during the trial, the court shall provide the jury not only
with general verdict forms but also with a special verdict form of not
guilty by reason of insanity, as to each offense charged, and in such
event the court shall separately instruct the jury that a special verdict
of not guilty by reason of insanity may be returned instead of a general
verdict but such special verdict requires a unanimous finding by the jury
that the defendant committed the acts charged but at the time of the
commission of those acts the defendant was insane. In the event of a
verdict of not guilty by reason of insanity, a hearing shall be held
pursuant to the Mental Health and Developmental Disabilities Code to
determine whether the defendant is subject to involuntary admission.
When the affirmative defense of insanity has been presented during the trial,
the court, where warranted by the evidence, shall also provide the jury
with a special verdict form of guilty but mentally ill, as to each offense
charged and shall separately instruct the jury that a special verdict of
guilty but mentally ill may be returned instead of a general verdict, but
that such special verdict requires a unanimous finding by the jury that:
(1) the State has proven beyond a reasonable doubt that the defendant is
guilty of the offense charged; and (2) the defendant has failed to prove
his insanity as required in subsection (b) of Section 3‑2 of the Criminal
Code of 1961, as amended, and subsections (a), (b) and (e) of Section 6‑2
of the Criminal Code of 1961, as amended; and (3) the defendant has proven
by a preponderance of the evidence that he was mentally ill, as defined in
subsections (c) and (d) of Section 6‑2 of the Criminal Code of 1961, as
amended, at the time of the offense.
(k) When, at the close of the State's evidence or at the close of
all of the evidence, the evidence is insufficient to support a finding
or verdict of guilty the court may and on motion of the defendant shall
make a finding or direct the jury to return a verdict of not guilty,
enter a judgment of acquittal and discharge the defendant.
(l) When the jury retires to consider its verdict an officer of the
court shall be appointed to keep them together and to prevent
conversation between the jurors and others; however, if any juror is deaf,
the jury may be accompanied by and may communicate with a court‑appointed
interpreter during its deliberations. Upon agreement between the
State and defendant or his counsel the jury may seal and deliver its
verdict to the clerk of the court, separate, and then return such
verdict in open court at its next session.
(m) In the trial of a capital or other offense, any juror who is a
member of a panel or jury which has been impaneled and sworn as a panel
or as a jury shall be permitted to separate from other such jurors
during every period of adjournment to a later day, until final
submission of the cause to the jury for determination, except that no
such separation shall be permitted in any trial after the court, upon
motion by the defendant or the State or upon its own motion, finds a
probability that prejudice to the defendant or to the State will result
from such separation.
(n) The members of the jury shall be entitled to take notes during the
trial, and the sheriff of the county in which the jury is sitting shall
provide them with writing materials for this purpose. Such notes shall
remain confidential, and shall be destroyed by the sheriff after the verdict
has been returned or a mistrial declared.
(o) A defendant tried by the court and jury shall only be found guilty,
guilty but mentally ill, not guilty or not guilty by reason of insanity,
upon the unanimous verdict of the jury.
(Source: P.A. 86‑392.)
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(725 ILCS 5/115‑4.1) (from Ch. 38, par. 115‑4.1)
Sec. 115‑4.1.
Absence of defendant.
(a) When a defendant after arrest
and an initial court appearance for a non‑capital felony or a misdemeanor,
fails to appear for trial, at the request of the State and after the State
has affirmatively proven through substantial evidence that the defendant
is willfully avoiding trial, the court may commence trial in the absence
of the defendant. Absence of a defendant as specified in this Section
shall not be a bar to indictment of a defendant, return of information
against a defendant, or arraignment of a defendant for the charge for which
bail has been granted. If a defendant fails
to appear at arraignment, the court may enter a plea of "not guilty" on his
behalf. If a defendant absents himself before trial on a capital felony,
trial may proceed as specified in this Section provided that the State
certifies that it will not seek a death sentence following conviction.
Trial in the defendant's absence shall be by jury unless
the defendant had previously waived trial by jury. The absent defendant
must be represented by retained or appointed counsel.
The court, at the conclusion of all of the proceedings, may order the clerk
of the circuit court to pay counsel such sum as the court deems reasonable,
from any bond monies which were posted by the defendant with the clerk,
after the clerk has first deducted all court costs. If trial had previously
commenced in the presence of the defendant and the defendant willfully absents
himself for two successive court days, the court shall proceed to trial. All
procedural rights guaranteed by the United States Constitution, Constitution
of the State of Illinois, statutes of the State of Illinois, and rules of court
shall apply to the proceedings the same as if the defendant were present
in court and had not either forfeited his bail bond or escaped
from custody. The court may set the case for a trial which may be conducted
under this Section despite the failure of the defendant to appear at the
hearing at which the trial date is set. When such trial date is set the
clerk shall send to the defendant, by certified mail at his last known address
indicated on his bond slip, notice of the new date which has been set for
trial. Such notification shall be required when the defendant was not
personally present in open court at the time when the case was set for trial.
(b) The absence of a defendant from a trial conducted pursuant to this
Section does not operate as a bar to concluding the trial, to a judgment
of conviction resulting therefrom, or to a final disposition of the trial
in favor of the defendant.
(c) Upon a verdict of not guilty, the court shall enter judgment for the
defendant. Upon a verdict of guilty, the court shall set a date for the
hearing of post‑trial motions and shall hear such motion in the absence
of the defendant. If post‑trial motions are denied, the court shall proceed
to conduct a sentencing hearing and to impose a sentence upon the defendant.
(d) A defendant who is absent for part of the proceedings of trial,
post‑trial motions, or sentencing, does not thereby forfeit his right to be
present at all remaining proceedings.
(e) When a defendant who in his absence has been either convicted or
sentenced or both convicted and sentenced appears before the court, he must
be granted a new trial or new sentencing hearing if the defendant can
establish that his failure to appear in court was both without his fault
and due to circumstances beyond his control. A hearing with notice to the
State's Attorney on the defendant's request for a new trial or a new
sentencing hearing must be held before any such request may be granted. At
any such hearing both the defendant and the State may present evidence.
(f) If the court grants only the defendant's request for a new sentencing
hearing, then a new sentencing hearing shall be held in accordance with
the provisions of the Unified Code of Corrections. At any such hearing,
both the defendant and the State may offer evidence of the defendant's conduct
during his period of absence from the court. The court may impose any sentence
authorized by the Unified Code of Corrections and is not in any way limited
or restricted by any sentence previously imposed.
(g) A defendant whose motion under paragraph (e) for a new trial or new
sentencing hearing has been denied may file a notice of appeal therefrom.
Such notice may also include a request for review of the judgment and sentence
not vacated by the trial court.
(Source: P.A. 90‑787, eff. 8‑14‑98.)
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(725 ILCS 5/115‑5) (from Ch. 38, par. 115‑5)
Sec. 115‑5.
Business records as evidence.
(a) Any writing or record, whether in the form of an entry in a book
or otherwise, made as a memorandum or record of any act, transaction,
occurrence, or event, shall be admissible as evidence of such act,
transaction, occurrence, or event, if made in regular course of any
business, and if it was the regular course of such business to make such
memorandum or record at the time of such act, transaction, occurrence, or
event or within a reasonable time thereafter.
All other circumstances of the making of such writing or record,
including lack of personal knowledge by the entrant or maker, may be shown
to affect its weight, but such circumstances shall not affect its
admissibility.
The term "business," as used in this Section, includes business,
profession, occupation, and calling of every kind.
(b) If any business, institution, member of a profession or calling, or
any department or agency of government, in the regular course of business
or activity has kept or recorded any memorandum, writing, entry, print,
representation or combination thereof, of any act, transaction, occurrence,
or event, and in the regular course of business has caused any or all of
the same to be recorded, copied, or reproduced by any photographic,
photostatic, microfilm, micro‑card, miniature photographic, optical
imaging, or other
process which accurately reproduces or forms a medium for so
reproducing the original, the original may be destroyed in the regular
course of business unless its preservation is required by law. Such
reproduction, when satisfactorily identified, is as admissible in evidence
as the original itself in any proceeding whether the original is in
existence or not and an enlargement or facsimile of such reproduction is
likewise admissible in evidence if the original reproduction is in
existence and available for inspection under direction of court. The
introduction of a reproduced record, enlargement, or facsimile does not
preclude admission of the original. This Section shall not be construed to
exclude from evidence any document or copy thereof which is otherwise
admissible under the rules of evidence.
(c) No writing or record made in the regular course of any business
shall become admissible as evidence by the application of this Section if:
(1) Such writing or record has been made by anyone | ||
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(2) Such writing or record has been made by anyone | ||
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(Source: P.A. 91‑548, eff. 1‑1‑00.)
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(725 ILCS 5/115‑5.1) (from Ch. 38, par. 115‑5.1)
Sec. 115‑5.1.
In any civil or criminal action the records of the
coroner's medical or
laboratory examiner summarizing and detailing the performance of his
or her official duties in performing medical examinations upon deceased persons
or autopsies, or both, and kept in the ordinary course of business of
the coroner's office, duly certified by the county coroner or chief
supervisory coroner's pathologist or medical examiner, shall be received
as competent evidence in any court of this State, to the extent
permitted by this Section. These reports, specifically including but not
limited to the pathologist's protocol, autopsy reports and toxicological
reports, shall be public documents and thereby may be admissible as
prima facie evidence of the facts, findings, opinions, diagnoses and
conditions stated therein.
A duly certified coroner's protocol or autopsy report, or both,
complying with the requirements of this Section may be duly
admitted into evidence as an exception to the hearsay rule as prima
facie proof of the cause of death of the person to whom it relates. The
records referred to in this Section shall be limited to the records of
the results of post‑mortem examinations of the findings of autopsy and
toxicological laboratory examinations.
Persons who prepare reports or records offered in evidence hereunder
may be subpoenaed as witnesses in civil or criminal cases upon the request of either
party to the cause. However, if such person is dead, the county coroner
or a duly authorized official of the coroner's office may testify to the
fact that the examining pathologist, toxicologist or other medical or
laboratory examiner is deceased and that the offered report or record
was prepared by such deceased person. The witness must further attest
that the medical report or record was prepared in the ordinary and usual
course of the deceased person's duty or employment in conformity with the
provisions of this Section.
(Source: P.A. 82‑783.)
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(725 ILCS 5/115‑6) (from Ch. 38, par. 115‑6)
Sec. 115‑6.
Appointment of Psychiatrist or Clinical Psychologist.
If the defendant has given notice that he may rely upon the defense of insanity
as defined in Section 6‑2 of the Criminal Code of 1961 or the defendant
indicates that he intends to plead guilty but mentally ill or the defense
of intoxicated or drugged condition as defined in Section 6‑3 of the Criminal
Code of 1961 or if the facts and circumstances of the case justify a reasonable
belief that the aforesaid defenses may be raised, the Court shall, on motion
of the State, order the defendant to submit to examination
by at least one clinical psychologist or psychiatrist, to be named by the
prosecuting attorney. The
Court shall also order the defendant to submit to an examination by one
neurologist, one clinical psychologist and one
electroencephalographer to be named by the prosecuting attorney if the
State asks for one or more of such additional examinations. The Court may
order additional examinations if the Court finds that additional
examinations by additional experts will be of substantial value in the
determination of issues of insanity or
drugged conditions. The reports of
such experts shall be made available to the defense. Any statements made by
defendant to such experts shall not be admissible against the defendant
unless he raises the defense of insanity or the defense of drugged
condition, in which case they shall be admissible only on the issue of
whether he was insane or drugged. The refusal of the defendant to cooperate
in such examinations shall not automatically preclude the raising of the aforesaid
defenses but shall preclude the defendant from offering expert evidence or
testimony tending to support such defenses if the expert evidence or
testimony is based upon the expert's examination of the defendant. If
the Court, after a hearing, determines to its satisfaction that the defendant's
refusal to cooperate was unreasonable it may, in its sound discretion, bar
any or all evidence upon the defense asserted.
(Source: P.A. 82‑553.)
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(725 ILCS 5/115‑7) (from Ch. 38, par. 115‑7)
Sec. 115‑7.
a.
In prosecutions for predatory criminal sexual assault of a
child, aggravated criminal sexual assault,
criminal sexual assault, aggravated criminal sexual abuse,
criminal sexual abuse, or criminal transmission of HIV; and in
prosecutions for battery and aggravated battery, when the commission of the
offense involves sexual penetration or sexual conduct as defined in Section
12‑12 of the Criminal Code of 1961; and with the trial or retrial of the
offenses formerly known as rape, deviate sexual assault, indecent liberties
with a child, and aggravated indecent liberties with a child, the prior
sexual activity or the reputation of the alleged victim or corroborating
witness under Section 115‑7.3 of this Code is inadmissible except
(1) as evidence
concerning the past sexual conduct of the alleged victim or corroborating
witness under Section 115‑7.3 of this Code with the accused
when
this evidence is offered by the accused upon the issue of whether the alleged
victim or corroborating witness under Section 115‑7.3 of this Code
consented to the sexual conduct with respect to which the offense is
alleged; or (2) when constitutionally required to be admitted.
b. No evidence admissible under this Section shall be introduced unless
ruled admissible by the trial judge after an offer of proof has been made
at a hearing to be held in camera in order to determine whether the defense
has evidence to impeach the witness in the event that prior sexual activity
with the defendant is denied. Such offer of proof shall include
reasonably specific information as to the date, time and place of the past
sexual conduct
between the alleged victim or corroborating witness under Section 115‑7.3 of
this Code and the defendant. Unless the court finds
that reasonably specific information as to date, time or place, or some
combination thereof, has been offered as to prior sexual activity with
the defendant, counsel for the defendant shall be ordered
to refrain from inquiring into prior sexual activity between the alleged
victim or corroborating witness under Section 115‑7.3 of this Code and the
defendant.
The court shall not admit evidence under this Section unless it determines at
the hearing that the evidence is relevant and the probative value of the
evidence outweighs the danger of unfair prejudice. The evidence shall be
admissible at trial to the extent an order made by the court specifies the
evidence that may be admitted and areas with respect to which the alleged
victim or corroborating witness under Section 115‑7.3 of this Code may be
examined or cross examined.
(Source: P.A. 89‑428, eff. 12‑13‑95; 89‑462, eff. 5‑29‑96; 90‑132, eff.
1‑1‑98.)
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(725 ILCS 5/115‑7.1) (from Ch. 38, par. 115‑7.1)
Sec. 115‑7.1.
Court may not order mental examination of sex victim.
Except where explicitly authorized by this Code or by the Rules of the Supreme
Court of Illinois, no court may require or order a witness who is the victim
of an alleged sex offense to submit to or undergo either a psychiatric or
psychological examination.
(Source: P.A. 83‑289.)
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(725 ILCS 5/115‑7.2) (from Ch. 38, par. 115‑7.2)
Sec. 115‑7.2.
In a prosecution for an illegal sexual act perpetrated upon a
victim, including but not limited to prosecutions for violations of
Sections 12‑13 through 12‑16 of the Criminal Code of 1961, or ritualized
abuse of a child under Section 12‑33 of the Criminal Code of 1961, testimony
by
an expert, qualified by the court relating to any
recognized and accepted form of post‑traumatic stress syndrome shall be
admissible as evidence.
(Source: P.A. 87‑1167.)
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(725 ILCS 5/115‑7.3)
Sec. 115‑7.3.
Evidence in certain cases.
(a) This Section applies to criminal cases in which:
(1) the defendant is accused of predatory criminal | ||
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(2) the defendant is accused of battery or | ||
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(3) the defendant is tried or retried for any of the | ||
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(b) If the defendant is accused of an offense set forth in paragraph (1)
or (2) of subsection (a) or the defendant is tried or retried for any of the
offenses set forth in paragraph (3) of subsection (a), evidence of the
defendant's commission of another offense or offenses set forth in paragraph
(1), (2), or (3) of subsection (a), or evidence to rebut that proof or an
inference from that proof, may be admissible (if that evidence is otherwise
admissible under the rules of evidence) and may be considered for its bearing
on any matter to which it is relevant.
(c) In weighing the probative value of the evidence against undue
prejudice to the defendant, the court may consider:
(1) the proximity in time to the charged or | ||
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(2) the degree of factual similarity to the charged | ||
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(3) other relevant facts and circumstances.
(d) In a criminal case in which the prosecution intends to offer evidence
under this Section, it must disclose the evidence, including statements of
witnesses or a summary of the substance of any testimony, at a reasonable time
in advance of trial, or during trial if the court excuses pretrial notice on
good cause shown.
(e) In a criminal case in which evidence is offered under this Section,
proof may be made by specific instances of conduct, testimony as to reputation,
or testimony in the form of an expert opinion, except that the prosecution may
offer
reputation testimony only after the opposing party has offered that
testimony.
(f) In prosecutions for a violation of Section 10‑2, 12‑4, 12‑13, 12‑14,
12‑14.1, 12‑15, 12‑16, or 18‑5 of the Criminal Code of 1961, involving the
involuntary delivery
of a controlled substance to a victim, no inference may be made about the fact
that a victim did not consent to a test for the presence of controlled
substances.
(Source: P.A. 90‑132, eff. 1‑1‑98; 90‑735, eff. 8‑11‑98.)
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(725 ILCS 5/115‑8) (from Ch. 38, par. 115‑8)
Sec. 115‑8.
A defendant may waive his right to be present during trial. However,
upon motion of the State's Attorney made prior to or during trial, the
court shall order the defendant to present himself in open court for the
purpose of identification.
(Source: P. A. 77‑1426.)
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(725 ILCS 5/115‑9) (from Ch. 38, par. 115‑9)
Sec. 115‑9.
(a) In a prosecution for theft, retail theft, deceptive practice,
robbery, armed robbery, burglary or residential burglary, the court shall
receive as competent evidence, a photograph of property over which the accused
is alleged to have exerted unauthorized control or to have otherwise obtained
unlawfully, if the
photograph:
(1) will serve the purpose of demonstrating the nature of the property; and
(2) is otherwise admissible into evidence under all other rules of law
governing the admissibility of photographs into evidence. The fact that
it is impractical to introduce into evidence the actual property for any
reason, including its size, weight, or unavailability, need not be established
for the court to find a photograph of that property to be competent evidence.
If a photograph is found to be competent evidence under this subsection,
it is admissible into evidence in place of the property and to the same
extent as the property itself.
(b) A law enforcement agency that is holding as evidence property over
which a person is alleged to have exerted unauthorized control or to have
otherwise obtained unlawfully, shall return that property to its owner if:
(1) the property has been photographed in a manner that will serve the
purpose of demonstrating the nature of the property, and if these photographs
are filed with or retained by the law enforcement agency in place of the property;
(2) receipt for the property is obtained from the owner upon delivery by the
law enforcement agency;
(3) the prosecuting attorney who is prosecuting a case that involves the
property furnishes the law enforcement agency
with a written request for return of the property to its owner; and
(4) the property may be lawfully possessed by the owner.
(c) Notwithstanding the provisions of subsection (b) of this Section a
court may, if a motion so requesting is filed by defendant before expiration
of the time period specified in subsection (d) of this Section, order the
law enforcement agency to hold such property as evidence pending completion of trial.
(d) The time period during which the defendant may file a motion with
the court for retention of the property as evidence shall be as follows:
(1) if the property was being displayed, held, stored or offered for sale
to the public by a person or entity holding a Retailers Occupation Tax Number
issued by the State of Illinois, the time period shall expire 14 days after
the arrest of the defendant;
(2) for all other property, the time period shall expire 30 days after
the filing of an information or indictment, or in the case of misdemeanor
charges within 30 days after the filing of a complaint.
(Source: P.A. 83‑1362.)
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(2) testimony of an out of court statement made by | ||
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(b) Such testimony shall only be admitted if:
(1) The court finds in a hearing conducted outside | ||
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(2) The child or moderately, severely, or profoundly | ||
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(A) testifies at the proceeding; or
(B) is unavailable as a witness and there is | ||
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(3) In a case involving an offense perpetrated | ||
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(c) If a statement is admitted pursuant to this Section, the court shall
instruct the jury that it is for the jury to determine the weight and
credibility to be given the statement and that, in making the determination,
it shall consider the age and maturity of the child, or the
intellectual capabilities of the moderately,
severely,
or profoundly mentally
retarded
person, the nature of the statement, the circumstances under which the
statement was made, and any other relevant factor.
(d) The proponent of the statement shall give the adverse party
reasonable notice of his intention to offer the statement and the
particulars of the statement.
(e) Statements described in paragraphs (1) and (2) of subsection (a) shall
not be excluded on the basis that they were obtained as a result of interviews
conducted pursuant to a protocol adopted by a Child Advocacy Advisory Board as
set forth in subsections (c), (d), and (e) of Section 3 of the Children's
Advocacy Center Act or that an interviewer or witness to the interview was or
is an employee, agent, or investigator of a State's Attorney's office.
(Source: P.A. 91‑357, eff. 7‑29‑99; 92‑434, eff. 1‑1‑02.)
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(725 ILCS 5/115‑10.1) (from Ch. 38, par. 115‑10.1)
Sec. 115‑10.1.
Admissibility of Prior Inconsistent Statements.
In all
criminal cases, evidence of a statement made by a witness is not made inadmissible
by the hearsay rule if
(a) the statement is inconsistent with his testimony at the hearing or trial, and
(b) the witness is subject to cross‑examination concerning the statement, and
(c) the statement‑‑
(1) was made under oath at a trial, hearing, or other proceeding, or
(2) narrates, describes, or explains an event or condition of which the
witness had personal knowledge, and
(A) the statement is proved to have been written or signed by the witness, or
(B) the witness acknowledged under oath the making of the statement
either in his testimony at the hearing or trial in which the admission into
evidence of the prior statement is being sought, or at a trial, hearing,
or other proceeding, or
(C) the statement is proved to have been accurately recorded by a tape
recorder, videotape recording, or any other similar electronic means of
sound recording.
Nothing in this Section shall render a prior inconsistent statement inadmissible
for purposes of impeachment because such statement was not recorded or otherwise
fails to meet the criteria set forth herein.
(Source: P.A. 83‑1042.)
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(2) the statement is more probative on the point for | ||
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(3) the general purposes of this Section and the | ||
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(b) A statement may not be admitted under this exception unless the
proponent of it makes known to the adverse party sufficiently in advance of the
trial or hearing to provide the adverse party with a fair opportunity to
prepare to meet it, the proponent's intention to offer the statement, and the
particulars of the statement, including the name and
address of the declarant.
(c) Unavailability as a witness is limited to the situation in which the
declarant persists in refusing to testify concerning the subject matter of the
declarant's statement despite an order of the court to do so.
(d) A declarant is not unavailable as a witness if exemption, refusal, claim
or lack of memory, inability or absence is due to the procurement or wrongdoing
of the proponent of a statement for purpose of preventing the witness from
attending or testifying.
(e) Nothing in this Section shall render a prior statement inadmissible for
purposes of impeachment because the statement was not recorded or otherwise
fails to meet the criteria set forth in this Section. (f) Prior statements are admissible under this Section only if the statements were made under oath and were subject to cross‑examination by the adverse party in a prior trial, hearing, or other proceeding.
(Source: P.A. 93‑413, eff. 8‑5‑03; 93‑443, eff. 8‑5‑03; 94‑53, eff. 6‑17‑05.)
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(725 ILCS 5/115‑10.2a)
Sec. 115‑10.2a.
Admissibility of prior statements in domestic violence
prosecutions when the witness is unavailable to testify.
(a) In a domestic violence prosecution, a statement, made by an
individual identified in Section 201 of the Illinois Domestic Violence Act of
1986 as a person protected by that Act, that is not specifically covered by
any other hearsay exception but having equivalent circumstantial guarantees
of trustworthiness, is not excluded by the hearsay rule if the declarant is
identified as unavailable as defined in subsection (c) and if the court
determines that:
(1) the statement is offered as evidence of a | ||
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(2) the statement is more probative on the point for | ||
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(3) the general purposes of this Section and the | ||
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(b) A statement may not be admitted under this exception unless the
proponent of
it
makes
known to the adverse party sufficiently in advance of the trial or hearing to
provide the adverse party with a fair opportunity to prepare to meet it, the
proponent's intention to offer the statement, and the particulars of the
statement,
including the name and address of the declarant.
(c) Unavailability as a witness includes circumstances in which the
declarant:
(1) is exempted by ruling of the court on the ground | ||
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(2) persists in refusing to testify concerning the | ||
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(3) testifies to a lack of memory of the subject | ||
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(4) is unable to be present or to testify at the | ||
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(5) is absent from the hearing and the proponent of | ||
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(6) is a crime victim as defined in Section 3 of the | ||
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(d) A declarant is not unavailable as a witness if exemption, refusal, claim
of lack of memory, inability, or absence is due to the procurement or
wrongdoing of the proponent of a statement for purpose of preventing
the witness from attending or testifying.
(e) Nothing in this Section shall render a prior statement inadmissible for
purposes of impeachment because the statement was not recorded or
otherwise fails to meet the criteria set forth in this Section.
(Source: P.A. 93‑443, eff. 8‑5‑03.)
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(725 ILCS 5/115‑10.3)
Sec. 115‑10.3.
Hearsay exception regarding elder adults.
(a) In a prosecution for a physical act, abuse, neglect, or financial
exploitation
perpetrated upon or against an eligible adult, as defined in
the Elder Abuse
and Neglect
Act, who has been diagnosed by a physician to suffer from (i) any form of
dementia, developmental disability, or other form of mental incapacity or (ii)
any physical infirmity, including but not limited to
prosecutions for violations of Sections 10‑1, 10‑2, 10‑3, 10‑3.1, 10‑4, 11‑11,
12‑1, 12‑2, 12‑3, 12‑3.2, 12‑4, 12‑4.1, 12‑4.2, 12‑4.5, 12‑4.6, 12‑4.7, 12‑5,
12‑6, 12‑7.3, 12‑7.4, 12‑11, 12‑11.1, 12‑13, 12‑14, 12‑15, 12‑16, 12‑21,
16‑1, 16‑1.3, 17‑1, 17‑3, 18‑1, 18‑2, 18‑3, 18‑4, 18‑5, 20‑1.1,
24‑1.2, and 33A‑2 of the
Criminal Code of 1961, the following evidence shall be admitted
as an exception to the hearsay rule:
(1) testimony by an eligible adult, of an out of | ||
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(2) testimony of an out of court statement made by | ||
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(b) Such testimony shall only be admitted if:
(1) The court finds in a hearing conducted outside | ||
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(2) The eligible adult either:
(A) testifies at the proceeding; or
(B) is unavailable as a witness and there is | ||
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(c) If a statement is admitted pursuant to this Section, the court shall
instruct the jury that it is for the jury to determine the weight and
credibility to be given the statement and that, in making the determination, it
shall consider the condition of the eligible adult, the nature of
the
statement, the circumstances under which the statement was made, and any other
relevant factor.
(d) The proponent of the statement shall give the adverse party reasonable
notice of his or her intention to offer the statement and the particulars of
the statement.
(Source: P.A. 92‑91, eff. 7‑18‑01; 93‑301, eff. 1‑1‑04.)
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(2) the statement is more probative on the point for | ||
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(3) the general purposes of this Section and the | ||
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(b) A statement may not be admitted under this exception unless the
proponent of it makes known to the adverse party sufficiently in advance of the
trial or hearing to provide the adverse party with a fair opportunity to
prepare to meet it, the proponent's intention to offer the statement, and the
particulars of the statement, including the name
of the declarant.
(c) Unavailability as a witness under this Section is limited to the
situation in which the declarant is deceased.
(d) Any prior statement that is sought to be admitted under this Section
must have been made by the declarant under oath at a trial, hearing, or other
proceeding and been subject to cross‑examination by the adverse party.
(e) Nothing in this Section shall render a prior statement inadmissible for
purposes of impeachment because the statement was not recorded or otherwise
fails to meet the criteria set forth in this Section.
(Source: P.A. 94‑53, eff. 6‑17‑05.)
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(3) residential property owned, operated, and | ||
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(4) a public park, or
(5) the real property comprising any church, | ||
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(6) the real property comprising any of the | ||
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(b) As used in this Section, "qualified individual" means any person who
(i) lived or worked within the territorial jurisdiction where the offense took
place when the offense took place; and (ii) is familiar with various public
places within the territorial jurisdiction where the offense took place when
the offense took place.
(c) For the purposes of this Section, "qualified individual" includes any
peace officer, or any member of any duly organized State, county, or municipal
peace unit, assigned to the territorial jurisdiction where the offense took
place when the offense took place.
(d) This Section applies to all prosecutions pending at the time this
amendatory Act of the 91st General Assembly takes effect and to all
prosecutions commencing on or after its effective date.
(Source: P.A. 94‑556, eff. 9‑11‑05.)
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(725 ILCS 5/115‑11) (from Ch. 38, par. 115‑11)
Sec. 115‑11.
In a prosecution for a criminal offense defined
in Article 11 or in Section 12‑13, 12‑14, 12‑14.1, 12‑15 or 12‑16 of the
"Criminal Code of 1961", where the alleged victim of the offense is a minor
under 18
years of age, the court may exclude from the proceedings
while the victim is testifying, all persons, who, in the opinion of the
court, do not have a direct interest in the case, except the media.
(Source: P.A. 89‑428, eff. 12‑13‑95; 89‑462, eff. 5‑29‑96.)
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(725 ILCS 5/115‑11.1) (from Ch. 38, par. 115‑11.1)
Sec. 115‑11.1.
Use of "Rape".
The use of the word "rape", "rapist", or
any derivative of "rape" by any victim, witness, State's Attorney, defense
attorney, judge or other court personnel in any prosecutions of offenses in
Sections 12‑13 through 12‑16 of the Criminal Code of 1961, as amended, is
not inadmissible.
(Source: P.A. 83‑1117.)
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(725 ILCS 5/115‑12) (from Ch. 38, par. 115‑12)
Sec. 115‑12.
Substantive Admissibility of Prior Identification.
A statement
is not rendered inadmissible by the hearsay rule if (a) the declarant testifies
at the trial or hearing, and (b) the declarant is subject to cross‑examination
concerning the statement, and (c) the statement is one of identification
of a person made after perceiving him.
(Source: P.A. 83‑367.)
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(725 ILCS 5/115‑13) (from Ch. 38, par. 115‑13)
Sec. 115‑13.
In a prosecution for violation of Section 12‑13, 12‑14,
12‑14.1,
12‑15 or 12‑16 of the "Criminal Code of 1961", statements made by the
victim to medical personnel for purposes of medical diagnosis or treatment
including descriptions of the cause of symptom, pain or sensations, or the
inception or general character of the cause or external source thereof
insofar as reasonably pertinent to diagnosis or treatment shall be admitted
as an exception to the hearsay rule.
(Source: P.A. 89‑428, eff. 12‑13‑95; 89‑462, eff. 5‑29‑96.)
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(725 ILCS 5/115‑14) (from Ch. 38, par. 115‑14)
Sec. 115‑14.
Witness Competency.
(a) Every person, irrespective of
age, is qualified to be a witness and no person is disqualified to testify
to any matter, except as provided in subsection (b).
(b) A person is disqualified to be a witness if he or she is:
(1) Incapable of expressing himself or herself concerning the matter so
as to be understood, either directly or through interpretation by one who
can understand him or her; or
(2) Incapable of understanding the duty of a witness to tell the truth.
(c) A party may move the court prior to a witness' testimony being
received in evidence, requesting that the court make a determination if a
witness is competent to testify. The hearing shall be conducted outside
the presence of the jury and the burden of proof shall be on the moving
party.
(Source: P.A. 85‑1190.)
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