There is a newer version of the Illinois Compiled Statutes
2010 Illinois Code
CHAPTER 725 CRIMINAL PROCEDURE
725 ILCS 5/ Code of Criminal Procedure of 1963.
Title VIII - Miscellaneous
(725 ILCS 5/124A‑5) Sec. 124A‑5. Judgment for costs of prosecution. When a person is convicted of an offense under a statute, or at common law, the court shall enter judgment that the offender pay the costs of the prosecution. The costs shall include reasonable costs incurred by the Sheriff for serving arrest warrants, for picking up the offender from a county other than the one in which he or she was convicted, and for picking up the offender from a location outside the State of Illinois pursuant either to his or her extradition or to his or her waiver of extradition. (Source: P.A. 89‑234, eff. 1‑1‑96.) |
(725 ILCS 5/124A‑10) Sec. 124A‑10. Lien. The property, real and personal, of a person who is convicted of an offense shall be bound, and a lien is created on the property, both real and personal, of every offender, not exempt from the enforcement of a judgment or attachment, from the time of finding the indictment at least so far as will be sufficient to pay the fine and costs of prosecution. The clerk of the court in which the conviction is had shall upon the expiration of 30 days after judgment is entered issue a certified copy of the judgment for any fine that remains unpaid, and all costs of conviction remaining unpaid. Unless a court ordered payment schedule is implemented, the clerk of the court may add to any judgment a delinquency amount equal to 5% of the unpaid fines, costs, fees, and penalties that remain unpaid after 30 days, 10% of the unpaid fines, costs, fees, and penalties that remain unpaid after 60 days, and 15% of the unpaid fines, costs, fees, and penalties that remain unpaid after 90 days. Notice to those parties affected may be made by signage posting or publication. The clerk of the court may also after a period of 90 days release to credit reporting agencies, information regarding unpaid amounts. The additional delinquency amounts collected under this Section shall be used to defray additional administrative costs incurred by the clerk of the court in collecting unpaid fines, costs, fees, and penalties. The certified copy of the judgment shall state the day on which the arrest was made or indictment found, as the case may be. Enforcement of the judgment may be directed to the proper officer of any county in this State. The officer to whom the certified copy of the judgment is delivered shall levy the judgment upon all the estate, real and personal, of the defendant (not exempt from enforcement) possessed by him or her on the day of the arrest or finding the indictment, as stated in the certified copy of the judgment and any such property subsequently acquired; and the property so levied upon shall be advertised and sold in the same manner as in civil cases, with the like rights to all parties that may be interested in the property. It is not an objection to the selling of any property under the judgment that the defendant is in custody for the fine or costs, or both. (Source: P.A. 92‑653, eff. 1‑1‑03.) |
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(2) A violation of Section 11‑17.1 of the Criminal | ||
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(3) A violation of Section 11‑19.2 of the Criminal | ||
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(4) A violation of Section 11‑20 of the Criminal Code | ||
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(5) A second or subsequent violation of Section | ||
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(6) A violation of Section 11‑20.3 of the Criminal | ||
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(7) A violation of Section 16D‑5 of the Criminal Code | ||
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(8) A felony violation of Article 17B of the Criminal | ||
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(9) A felony violation of Section 26‑5 of the | ||
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(10) A violation of Article 29D of the Criminal Code | ||
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(11) A felony violation of Section 4.01 of the Humane | ||
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(Source: P.A. 96‑712, eff. 1‑1‑10.) |
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(2) In the case of forfeiture authorized under | ||
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(3) In the case of forfeiture authorized under | ||
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(4) In the case of forfeiture authorized under | ||
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(5) In the case of forfeiture authorized under | ||
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(6) In the case of forfeiture authorized under | ||
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(7) In the case of forfeiture authorized under | ||
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(8) In the case of forfeiture authorized under | ||
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(9) In the case of forfeiture authorized under | ||
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(10) In the case of forfeiture authorized under | ||
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(Source: P.A. 96‑712, eff. 1‑1‑10.) |
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(2) A bailee, unless the bailor is identified and the | ||
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(3) A nominee who exercises no dominion or control | ||
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(Source: P.A. 96‑712, eff. 1‑1‑10.) |
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(2) Tangible or intangible personal property, | ||
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"Property" includes any leasehold or possessory interest | ||
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(Source: P.A. 96‑712, eff. 1‑1‑10.) |
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(2) He or she had not acquired and did not stand to | ||
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(3) He or she does not hold the property for the | ||
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(4) He or she acquired the interest before a notice | ||
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(A) acquired the interest before the commencement | ||
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(B) acquired the interest after the commencement | ||
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(5) With respect to a property interest in existence | ||
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(A) did not know of the conduct giving rise to | ||
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(B) upon learning of the conduct giving rise to | ||
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(7) The property is not a type of property, | ||
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(b) For purposes of paragraph (5) of subsection (a), ways | ||
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(1) Gave timely notice to an appropriate law | ||
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(2) In a timely fashion revoked or made a good faith | ||
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A person is not required by this subsection (b) to take | ||
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(Source: P.A. 96‑712, eff. 1‑1‑10.) |
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(2) He or she had not acquired and did not stand to | ||
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(3) He or she does not hold the property for the | ||
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(4) He or she acquired the interest without knowledge | ||
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(A) acquired the interest before the commencement | ||
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(B) acquired the interest after the commencement | ||
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(5) With respect to a property interest in existence | ||
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(A) did not know of the conduct giving rise to | ||
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(B) upon learning of the conduct giving rise to | ||
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(6) With respect to conveyances, he or she did not | ||
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(7) The property is not a type of property, | ||
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(b) For purposes of paragraph (5) of subsection (a), ways | ||
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(1) Gave timely notice to an appropriate law | ||
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(2) In a timely fashion revoked or made a good faith | ||
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A person is not required by this subsection (b) to take | ||
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(Source: P.A. 96‑712, eff. 1‑1‑10.) |
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(3) Permitting the innocent owner to retain the | ||
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(Source: P.A. 96‑712, eff. 1‑1‑10.) |
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(2) Whether the property is subject to forfeiture | ||
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(b) In order to make the determinations of probable cause | ||
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(1) There is probable cause that the person or | ||
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(2) There is probable cause that property may be | ||
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(c) The court may conduct the hearing under subsection | ||
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(d) The court may accept a finding of probable cause at a | ||
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(e) Upon making a finding of probable cause as required | ||
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(f) The Attorney General or State's Attorney shall file a | ||
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(Source: P.A. 96‑712, eff. 1‑1‑10.) |
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(2) The claimant's name and address. (3) The nature and extent of the claimant's interest | ||
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(4) The circumstances of the claimant's acquisition | ||
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(5) The names and addresses of all other persons | ||
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(6) The specific provision of law relied on in | ||
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(7) All essential facts supporting each assertion. (8) The relief sought by the claimant. (b) The claim must be accompanied by a cost bond in the | ||
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(c) Upon the filing of a claim and cost bond as provided | ||
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(Source: P.A. 96‑712, eff. 1‑1‑10.) |
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(2) Satisfy any legal right, title, or interest that | ||
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(3) Satisfy any bona fide purchaser for value of the | ||
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(Source: P.A. 96‑712, eff. 1‑1‑10.) |
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(2) 50% shall be deposited into the Violent Crime | ||
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(Source: P.A. 96‑712, eff. 1‑1‑10.) |
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(2) Any of the person's property used in any manner, | ||
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(Source: P.A. 96‑712, eff. 1‑1‑10.) |
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(2) 25% shall be distributed to the county in which | ||
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(3) 25% shall be distributed to the Office of the | ||
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(b) Before any distribution under subsection (a), the Attorney General or State's Attorney shall retain from the forfeited moneys or sale proceeds, or both, sufficient moneys to cover expenses related to the administration and sale of the forfeited property. (Source: P.A. 96‑712, eff. 1‑1‑10.) |
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(2) Any interest in, securities of, claim against, or | ||
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(3) Any computer that contains a depiction of child | ||
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(Source: P.A. 96‑712, eff. 1‑1‑10.) |
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(2) One‑half shall be deposited into the Violent | ||
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(b) Before any distribution under subsection (a), the Attorney General or State's Attorney shall retain from the forfeited moneys or sale proceeds, or both, sufficient moneys to cover expenses related to the administration and sale of the forfeited property. (Source: P.A. 96‑712, eff. 1‑1‑10.) |
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(2) 50% shall be distributed to the county in which | ||
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(b) Before any distribution under subsection (a), the Attorney General or State's Attorney shall retain from the forfeited moneys or sale proceeds, or both, sufficient moneys to cover expenses related to the administration and sale of the forfeited property. (Source: P.A. 96‑712, eff. 1‑1‑10.) |
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(2) The rights of a creditor, lienholder, or person | ||
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(Source: P.A. 96‑712, eff. 1‑1‑10.) |
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(2) Everything of value furnished, or intended to be | ||
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(3) All real property, including any right, title, | ||
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(Source: P.A. 96‑712, eff. 1‑1‑10.) |
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(3) Keep the property in the possession of the | ||
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(4) Remove the property to a storage area for | ||
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(5) Place the property under constructive seizure by | ||
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(6) Provide for another agency or custodian, | ||
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(Source: P.A. 96‑712, eff. 1‑1‑10.) |
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(3) A representation that written notice of the date, | ||
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(4) A request for forfeiture. (c) Every person described in paragraph (2) of subsection | ||
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(d) If the court determines that the frozen or seized | ||
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(Source: P.A. 96‑712, eff. 1‑1‑10.) |
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(2) Any real property or interest in real property | ||
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(A) The person organizing the show, exhibition, | ||
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(B) Any other person participating in the | ||
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(C) Any person who knowingly allowed the | ||
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The person shall also forfeit any interest in, securities | ||
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(Source: P.A. 96‑712, eff. 1‑1‑10.) |
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(2) If the property seized is a conveyance, then | ||
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(3) If the owner's or interest holder's address is | ||
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(b) Notice of pending forfeiture served under this | ||
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(Source: P.A. 96‑712, eff. 1‑1‑10.) |
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(2) 12.5% shall be distributed to the Office of the | ||
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(3) 12.5% shall be distributed to the Illinois | ||
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(4) 10% shall be retained by the Department of State | ||
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(Source: P.A. 96‑712, eff. 1‑1‑10.) |
(725 ILCS 5/125‑1) (from Ch. 38, par. 125‑1) Sec. 125‑1. Effect of headings. Section, Article and Title headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any Section, Article or Title hereof. (Source: Laws 1963, p. 2836 .) |
(725 ILCS 5/125‑2) (from Ch. 38, par. 125‑2) Sec. 125‑2. Partial invalidity. The invalidity of any provision of this Code shall not affect the validity of the remainder of this Code. (Source: Laws 1963, p. 2836.) |
(725 ILCS 5/125‑3) (from Ch. 38, par. 125‑3) Sec. 125‑3. Savings provisions. (a) The provisions of Sections 2, 3 and 4 of "An Act to revise the law in relation to the construction of the statutes", approved March 5, 1874, as heretofore and hereafter amended, shall apply in all construction of this Code. (b) In any case pending on or after the effective date of this Code involving an offense committed prior to such date the procedural provisions of this Code shall govern insofar as they are justly applicable and their application does not introduce confusion or delay. (c) Provisions of this Code according a defense or mitigation shall apply with the consent of the defendant. (d) Provisions of this Code governing the treatment, eligibility, release or discharge of prisoners, probationers and parolees shall apply to persons under sentence for offenses committed prior to the effective date of this Code except that the minimum or maximum period of their detention or supervision shall in no case be increased. (Source: Laws 1963, p. 2836.) |
(725 ILCS 5/125‑4) (from Ch. 38, par. 125‑4) Sec. 125‑4. Effective date. This Code shall take effect January 1, 1964. (Source: Laws 1963, p. 2836.) |
(725 ILCS 5/126‑1) (from Ch. 38, par. 126‑1) Sec. 126‑1. Repeal. The following Acts and parts of Acts are repealed: Section 229 and 274 of Division I, Sections 7, 12 and 13 of Division II, Sections 1, 2, 3, 4, 5, 6, 7a and 16a of Division III, Sections 3, 4, 5, 6, 7 and 8 of Division VI, all of Division VII, all of Division VIII, Section 3 of Division X, Sections 1, 2, 3, 4, 5, 6, 7, 9, 10 and 11 of Division XI, all of Division XII, Sections 1, 2, 2a, 3, 4, 5, 8, 8a, 11, 12, 13, 14, 15, 16, 17 and 18 of Division XIII, Sections 1, 2, 3, 3a, 4, 5, 7, 14, 18 and 19 of Division XIV, all of Division XV and Sections 350‑A, 350‑B and 350‑C of "An Act to revise the law in relation to criminal jurisprudence", approved March 27, 1874, as amended; "An Act to bar certain prosecutions for violations of criminal laws of this State", approved July 22, 1959; "An Act in relation to the punishment of criminals", approved June 23, 1883, as amended; "An Act in relation to the punishment and parole of habitual criminals", approved April 11, 1957; "An Act to bar certain actions for want of prosecution", approved July 8, 1957, as amended; "An Act providing that persons arrested for certain offenses shall be furnished with a copy of the information or complaint upon which they are charged", approved July 8, 1933; "An Act in relation to the holding of persons in custody without their being able to notify their families or to have legal assistance", approved May 14, 1951; "An Act to regulate the granting of continuances in criminal cases", approved June 26, 1885, as amended; Sections 1, 2, 3, 4, 5, 6.1, 7, 8, 15, 16 and 17 of "An Act providing for a system of probation, for the appointment and compensation of probation officers, and authorizing the suspension of final judgment and the imposition of sentence upon persons found guilty of certain defined crimes and offenses, and legalizing their ultimate discharge without punishment", approved June 10, 1911, as amended; Sections 1, 1a, 2, 3, 3.1, 3a, 9, 9.1 and 16 of "An Act to revise the law in relation to the fixing of the punishment and the sentence and commitment of persons convicted of crime or offenses, and providing for a system of parole", approved June 25, 1917, as amended; and "An Act to provide a remedy for persons convicted and imprisoned in the penitentiary, who assert that rights guaranteed to them by the Constitution of the United States or the State of Illinois, or both, have been denied or violated, in proceedings in which they were convicted", approved August 4, 1949. (Source: Laws 1963, p. 2836.) |
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