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	Illinois Compiled Statutes Criminal Procedure Code of Criminal Procedure of 1963 725 ILCS 5/ [ HOME ] [ CHAPTERS ] [ PUBLIC ACTS ] [ SEARCH ] [ BOTTOM ] (725 ILCS 5/) TITLE II. APPREHENSION AND INVESTIGATION ARTICLE 107. ARREST (725 ILCS 5/107-1) Sec. 107-1. Definitions. (a) A "warrant of arrest" is a written order from a court directed to a peace officer, or to some other person specifically named, commanding him to arrest a person. (b) A "summons" is a written order issued by a court which commands a person to appear before a court at a stated time and place. (c) A "notice to appear" is a written request issued by a peace officer that a person appear before a court at a stated time and place. (Source: Laws 1963, p. 2836.) (725 ILCS 5/107-2) Sec. 107-2. (1) Arrest by Peace Officer. A peace officer may arrest a person when: (a) He has a warrant commanding that such person be arrested; or (b) He has reasonable grounds to believe that a warrant for the person's arrest has been issued in this State or in another jurisdiction; or (c) He has reasonable grounds to believe that the person is committing or has committed an offense. (2) Whenever a peace officer arrests a person, the officer shall question the arrestee as to whether he or she has any children under the age of 18 living with him or her who may be neglected as a result of the arrest or otherwise. The peace officer shall assist the arrestee in the placement of the children with a relative or other responsible person designated by the arrestee. If the peace officer has reasonable cause to believe that a child may be a neglected child as defined in the Abused and Neglected Child Reporting Act, he shall report it immediately to the Department of Children and Family Services as provided in that Act. (3) A peace officer who executes a warrant of arrest in good faith beyond the geographical limitation of the warrant shall not be liable for false arrest. (Source: P.A. 86-298.) (725 ILCS 5/107-3) Sec. 107-3. Arrest by private person. Any person may arrest another when he has reasonable grounds to believe that an offense other than an ordinance violation is being committed. (Source: Laws 1963, p. 2836.) (725 ILCS 5/107-4) Sec. 107-4. Arrest by peace officer from other jurisdiction. (a) As used in this Section: (1) "State" means any State of the United States and the District of Columbia. (2) "Peace Officer" means any peace officer or member of any duly organized State, County, or Municipal peace unit or police force of another State. (3) "Fresh pursuit" means the immediate pursuit of a person who is endeavoring to avoid arrest. (4) "Law enforcement agency" means a municipal police department or county sheriff's office of this State. (a-3) Any peace officer employed by a law enforcement agency of this State may conduct temporary questioning pursuant to Section 107-14 of this Code and may make arrests in any jurisdiction within this State if: (1) the officer is engaged in the investigation of an offense that occurred in the officer's primary jurisdiction and the temporary questioning is conducted or the arrest is made pursuant to that investigation; or (2) the officer, while on duty as a peace officer, becomes personally aware of the immediate commission of a felony or misdemeanor violation of the laws of this State. While acting pursuant to this subsection, an officer has the same authority as within his or her own jurisdiction. (a-7) The law enforcement agency of the county or municipality in which any arrest is made under this Section shall be immediately notified of the arrest. (b) Any peace officer of another State who enters this State in fresh pursuit and continues within this State in fresh pursuit of a person in order to arrest him on the ground that he has committed an offense in the other State has the same authority to arrest and hold the person in custody as peace officers of this State have to arrest and hold a person in custody on the ground that he has committed an offense in this State. (c) If an arrest is made in this State by a peace officer of another State in accordance with the provisions of this Section he shall without unnecessary delay take the person arrested before the circuit court of the county in which the arrest was made. Such court shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the court determines that the arrest was lawful it shall commit the person arrested, to await for a reasonable time the issuance of an extradition warrant by the Governor of this State, or admit him to bail for such purpose. If the court determines that the arrest was unlawful it shall discharge the person arrested. (Source: P.A. 90-593, eff. 6-19-98; 91-319, eff. 7-29-99.) (725 ILCS 5/107-5) Sec. 107-5. Method of arrest. (a) An arrest is made by an actual restraint of the person or by his submission to custody. (b) An arrest may be made on any day and at any time of the day or night. (c) An arrest may be made anywhere within the jurisdiction of this State. (d) All necessary and reasonable force may be used to effect an entry into any building or property or part thereof to make an authorized arrest. (Source: Laws 1963, p. 2836.) (725 ILCS 5/107-6) Sec. 107-6. Release by officer of person arrested. A peace officer who arrests a person without a warrant is authorized to release the person without requiring him to appear before a court when the officer is satisfied that there are no grounds for criminal complaint against the person arrested. (Source: Laws 1963, p. 2836.) (725 ILCS 5/107-7) Sec. 107-7. Persons exempt from arrest. (a) Electors shall, in all cases except treason, felony or breach of the peace, be privileged from arrest during their attendance at election, and in going to and returning from the same. (b) Senators and representatives shall, in all cases, except treason, felony or breach of the peace, be privileged from arrest during the session of the General Assembly, and in going to and returning from the same. (c) The militia shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at musters and elections, and in going to and returning from the same. (d) Judges, attorneys, clerks, sheriffs, and other court officers shall be privileged from arrest while attending court and while going to and returning from court. (Source: Laws 1963, p. 2836.) (725 ILCS 5/107-8) Sec. 107-8. Assisting peace officer). (a) A peace officer making a lawful arrest may command the aid of persons over the age of 18. (b) A person commanded to aid a peace officer shall have the same authority to arrest as that peace officer. (c) A person commanded to aid a peace officer shall not be civilly liable for any reasonable conduct in aid of the officer. (Source: P.A. 80-360.) (725 ILCS 5/107-9) Sec. 107-9. Issuance of arrest warrant upon complaint. (a) When a complaint is presented to a court charging that an offense has been committed it shall examine upon oath or affirmation the complainant or any witnesses. (b) The complaint shall be in writing and shall: (1) State the name of the accused if known, and if not known the accused may be designated by any name or description by which he can be identified with reasonable certainty; (2) State the offense with which the accused is charged; (3) State the time and place of the offense as definitely as can be done by the complainant; and (4) Be subscribed and sworn to by the complainant. (c) A warrant shall be issued by the court for the arrest of the person complained against if it appears from the contents of the complaint and the examination of the complainant or other witnesses, if any, that the person against whom the complaint was made has committed an offense. (d) The warrant of arrest shall: (1) Be in writing; (2) Specify the name, sex and birth date of the person to be arrested or if his name, sex or birth date is unknown, shall designate such person by any name or description by which he can be identified with reasonable certainty; (3) Set forth the nature of the offense; (4) State the date when issued and the municipality or county where issued; (5) Be signed by the judge of the court with the title of his office; (6) Command that the person against whom the complaint was made be arrested and brought before the court issuing the warrant or if he is absent or unable to act before the nearest or most accessible court in the same county; (7) Specify the amount of bail; and (8) Specify any geographical limitation placed on the execution of the warrant, but such limitation shall not be expressed in mileage. (e) The warrant shall be directed to all peace officers in the State. It shall be executed by the peace officer, or by a private person specially named therein, at any location within the geographic limitation for execution placed on the warrant. If no geographic limitation is placed on the warrant, then it may be executed anywhere in the State. (f) The warrant may be issued electronically or electromagnetically by use of a facsimile transmission machine and any such warrant shall have the same validity as a written warrant. (Source: P.A. 86-298; 87-523.) (725 ILCS 5/107-10) Sec. 107-10. Defective warrant. A warrant of arrest shall not be quashed or abated nor shall any person in custody for an offense be discharged from such custody because of technical irregularities not affecting the substantial rights of the accused. (Source: Laws 1963, p. 2836.) (725 ILCS 5/107-11) Sec. 107-11. When summons may be issued. (a) When authorized to issue a warrant of arrest, a court may instead issue a summons. (b) The summons shall: (1) Be in writing; (2) State the name of the person summoned and his or her address, if known; (3) Set forth the nature of the offense; (4) State the date when issued and the municipality or county where issued; (5) Be signed by the judge of the court with the title of his or her office; and (6) Command the person to appear before a court at a certain time and place. (c) The summons may be served in the same manner as the summons in a civil action, except that police officers may serve summons for violations of ordinances occurring within their municipalities. (Source: P.A. 87-574.) (725 ILCS 5/107-12) Sec. 107-12. Notice to appear. (a) Whenever a peace officer is authorized to arrest a person without a warrant he may instead issue to such person a notice to appear. (b) The notice shall: (1) Be in writing; (2) State the name of the person and his address, if known; (3) Set forth the nature of the offense; (4) Be signed by the officer issuing the notice; and (5) Request the person to appear before a court at a certain time and place. (c) Upon failure of the person to appear a summons or warrant of arrest may issue. (d) In any case in which a person is arrested for a Class C misdemeanor or a petty offense and remanded to the sheriff other than pursuant to a court order, the sheriff may issue such person a notice to appear. (Source: P.A. 83-693.) (725 ILCS 5/107-13) Sec. 107-13. Offenses committed by corporations. (a) When a corporation is charged with the commission of an offense the court shall issue a summons setting forth the nature of the offense and commanding the corporation to appear before a court at a certain time and place. (b) The summons for the appearance of a corporation may be served in the manner provided for service of summons upon a corporation in a civil action. (c) If, after being summoned, the corporation does not appear, a plea of not guilty shall be entered by the court having jurisdiction to try the offense for which the summons was issued, and such court shall proceed to trial and judgment without further process. (Source: Laws 1963, p. 2836.) (725 ILCS 5/107-14) Sec. 107-14. Temporary questioning without arrest. A peace officer, after having identified himself as a peace officer, may stop any person in a public place for a reasonable period of time when the officer reasonably infers from the circumstances that the person is committing, is about to commit or has committed an offense as defined in Section 102--15 of this Code, and may demand the name and address of the person and an explanation of his actions. Such detention and temporary questioning will be conducted in the vicinity of where the person was stopped. (Source: Laws 1968, p. 218.) (725 ILCS 5/107-15) Sec. 107-15. Fresh pursuit. When the fact that a felony has been committed comes to the knowledge of a sheriff or coroner, fresh pursuit shall be forthwith made after every person guilty of the felony, by the sheriff, coroner, and all other persons who is by any one of them commanded or summoned for that purpose; every such officer who does not do his or her duty in the premises is guilty of a Class B misdemeanor. (Source: P.A. 89-234, eff. 1-1-96.) (725 ILCS 5/107-16) Sec. 107-16. Apprehension of offender. It is the duty of every sheriff, coroner, and every marshal, policeman, or other officer of an incorporated city, town, or village, having the power of a sheriff, when a criminal offense or breach of the peace is committed or attempted in his or her presence, forthwith to apprehend the offender and bring him or her before a judge, to be dealt with according to law; to suppress all riots and unlawful assemblies, and to keep the peace, and without delay to serve and execute all warrants and other process to him or her lawfully directed. (Source: P.A. 89-234, eff. 1-1-96.) [ TOP ]
	Illinois Compiled Statutes Criminal Procedure Code of Criminal Procedure of 1963 725 ILCS 5/ [ HOME ] [ CHAPTERS ] [ PUBLIC ACTS ] [ SEARCH ] [ BOTTOM ] (725 ILCS 5/) ARTICLE 108. SEARCH AND SEIZURE (725 ILCS 5/108-1) Sec. 108-1. Search without warrant. (1) When a lawful arrest is effected a peace officer may reasonably search the person arrested and the area within such person's immediate presence for the purpose of: (a) Protecting the officer from attack; or (b) Preventing the person from escaping; or (c) Discovering the fruits of the crime; or (d) Discovering any instruments, articles, or things which may have been used in the commission of, or which may constitute evidence of, an offense. (2) No motor vehicle, or driver or passenger of such vehicle, shall be stopped or searched by any law enforcement officer solely on the basis of a violation or suspected violation of Section 12-603.1 of The Illinois Vehicle Code. (Source: P.A. 85-291.) (725 ILCS 5/108-1.01) Sec. 108-1.01 Search during temporary questioning. When a peace officer has stopped a person for temporary questioning pursuant to Section 107-14 of this Code and reasonably suspects that he or another is in danger of attack, he may search the person for weapons. If the officer discovers a weapon, he may take it until the completion of the questioning, at which time he shall either return the weapon, if lawfully possessed, or arrest the person so questioned. (Source: Laws 1968, p. 218.) (725 ILCS 5/108-2) Sec. 108-2. Custody and disposition of things seized. An inventory of all instruments, articles or things seized on a search without warrant shall be given to the person arrested and a copy thereof delivered to the judge before whom the person arrested is taken, and thereafter, such instruments, articles or things shall be handled and disposed of in accordance with Sections 108--11 and 108--12 of this Code. If the person arrested is released without a charge being preferred against him all instruments, articles or things seized, other than contraband, shall be returned to him upon release. (Source: Laws 1963, p. 2836.) (725 ILCS 5/108-3) Sec. 108-3. Grounds for search warrant. (a) Except as provided in subsection (b), upon the written complaint of any person under oath or affirmation which states facts sufficient to show probable cause and which particularly describes the place or person, or both, to be searched and the things to be seized, any judge may issue a search warrant for the seizure of the following: (1) Any instruments, articles or things designed or intended for use or which are or have been used in the commission of, or which may constitute evidence of, the offense in connection with which the warrant is issued; or contraband, the fruits of crime, or things otherwise criminally possessed. (2) Any person who has been kidnaped in violation of the laws of this State, or who has been kidnaped in another jurisdiction and is now concealed within this State, or any human fetus or human corpse. (b) When the things to be seized are the work product of, or used in the ordinary course of business, and in the possession, custody, or control of any person known to be engaged in the gathering or dissemination of news for the print or broadcast media, no judge may issue a search warrant unless the requirements set forth in subsection (a) are satisfied and there is probable cause to believe that: (1) such person has committed or is committing a criminal offense; or (2) the things to be seized will be destroyed or removed from the State if the search warrant is not issued. (Source: P.A. 89-377, eff. 8-18-95.) (725 ILCS 5/108-4) Sec. 108-4. Issuance of search warrant. All warrants shall state the time and date of issuance and be the warrants of the judge issuing the same and not the warrants of the court in which he is then sitting and such warrants need not bear the seal of the court or clerk thereof. The complaint on which the warrant is issued need not be filed with the clerk of the court nor with the court if there is no clerk until the warrant has been executed or has been returned "not executed". The search warrant may be issued electronically or electromagnetically by use of a facsimile transmission machine and any such warrant shall have the same validity as a written search warrant. (Source: P.A. 87-523.) (725 ILCS 5/108-5) Sec. 108-5. Persons authorized to execute search warrants. The warrant shall be issued in duplicate and shall be directed for execution to all peace officers of the State. However, the judge may direct the warrant to be executed by any person named specially therein. (Source: Laws 1963, p. 2836.) (725 ILCS 5/108-6) Sec. 108-6. Execution of search warrants. The warrant shall be executed within 96 hours from the time of issuance. If the warrant is executed the duplicate copy shall be left with any person from whom any instruments, articles or things are seized or if no person is available the copy shall be left at the place from which the instruments, articles or things were seized. Any warrant not executed within such time shall be void and shall be returned to the court of the judge issuing the same as "not executed". (Source: Laws 1963, p. 2836.) (725 ILCS 5/108-7) Sec. 108-7. Command of search warrant. The warrant shall command the person directed to execute the same to search the place or person particularly described in the warrant and to seize the instruments, articles or things particularly described in the warrant. (Source: Laws 1963, p. 2836.) (725 ILCS 5/108-8) (Text of Section WITH the changes made by P.A. 90-456, which has been held unconstitutional) Sec. 108-8. Use of force in execution of search warrant. (a) All necessary and reasonable force may be used to effect an entry into any building or property or part thereof to execute a search warrant. (b) The court issuing a warrant may authorize the officer executing the warrant to make entry without first knocking and announcing his or her office if it finds, based upon a showing of specific facts, the existence of the following exigent circumstances: (1) That the officer reasonably believes that if notice were given a weapon would be used: (i) against the officer executing the search warrant; or (ii) against another person. (2) That if notice were given there is an imminent "danger" that evidence will be destroyed. (Source: P.A. 90-456, eff. 1-1-98.) (Text of Section WITHOUT the changes made by P.A. 90-456, which has been held unconstitutional) Sec. 108-8. Use of force in execution of search warrant. (a) All necessary and reasonable force may be used to effect an entry into any building or property or part thereof to execute a search warrant. (b) Upon a finding by the judge issuing the warrant that any of the following exigent circumstances exist, the judge may order the person executing the warrant to make entry without first knocking and announcing his office: (1) the presence of firearms or explosives in the building in an area where they are accessible to any occupant; (2) the prior possession of firearms by an occupant of the building within a reasonable period of time; (3) the presence of surveillance equipment, such as video cameras, or alarm systems, inside or outside of the building; (4) the presence of steel doors, wooden planking, crossbars, dogs, or other similar means of preventing or impeding entry into the building. (Source: P.A. 87-522; 87-895.) (725 ILCS 5/108-9) Sec. 108-9. Detention and search of persons on premises. In the execution of the warrant the person executing the same may reasonably detain to search any person in the place at the time: (a) To protect himself from attack, or (b) To prevent the disposal or concealment of any instruments, articles or things particularly described in the warrant. (Source: Laws 1963, p. 2836.) (725 ILCS 5/108-10) Sec. 108-10. Return to court of things seized. A return of all instruments, articles or things seized shall be made without unnecessary delay before the judge issuing the warrant or before any judge named in the warrant or before any court of competent jurisdiction. An inventory of any instruments, articles or things seized shall be filed with the return and signed under oath by the officer or person executing the warrant. The judge shall upon request deliver a copy of the inventory to the person from whom or from whose premises the instruments, articles or things were taken and to the applicant for the warrant. (Source: Laws 1963, p. 2836.) (725 ILCS 5/108-11) Sec. 108-11. Disposition of things seized. The court before which the instruments, articles or things are returned shall enter an order providing for their custody pending further proceedings. (Source: P.A. 83-334.) (725 ILCS 5/108-12) Sec. 108-12. Disposition of obscene material. In the case of any material seized which is alleged to have been possessed or used or intended to be used contrary to, or is evidence of a violation of, Section 11-20 of the "Criminal Code of 1961", approved July 28, 1961, as heretofore and hereafter amended, the court before which the material is returned shall, upon written request of any person from whom the material was seized or any person claiming ownership or other right to possession of such material, enter an order providing for a hearing to determine the obscene nature thereof not more than 10 days after such return. If the material is determined to be obscene it shall be held pending further proceedings as provided by Section 108-11 of this Code. If the material is determined not to be obscene it shall be returned to the person from whom or place from which it was seized, or to the person claiming ownership or other right to possession of such material; provided that enough of the record material may be retained by the State for purposes of appellate proceedings. The decision of the court upon this hearing shall not be admissible as evidence in any other proceeding nor shall it be res judicata of any question in any other proceeding. (Source: P.A. 83-334.) (725 ILCS 5/108-13) Sec. 108-13. When warrant may be executed. The warrant may be executed at any time of any day or night. (Source: Laws 1963, p. 2836.) (725 ILCS 5/108-14) Sec. 108-14. No warrant quashed for technicality. No warrant shall be quashed nor evidence suppressed because of technical irregularities not affecting the substantial rights of the accused. (Source: Laws 1963, p. 2836.) [ TOP ]
	Illinois Compiled Statutes Criminal Procedure Code of Criminal Procedure of 1963 725 ILCS 5/ [ HOME ] [ CHAPTERS ] [ PUBLIC ACTS ] [ SEARCH ] [ BOTTOM ] (725 ILCS 5/) ARTICLE 103. RIGHTS OF ACCUSED (725 ILCS 5/103-1) 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) 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 5/103-3) 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) 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) Sec. 103-5. Speedy trial.) (a) Every person in custody in this State for an alleged offense shall be tried by the court having jurisdiction within 120 days from the date he was taken into custody unless delay is occasioned by the defendant, by an examination for fitness ordered pursuant to Section 104-13 of this Act, by a fitness hearing, by an adjudication of unfitness to stand trial, by a continuance allowed pursuant to Section 114-4 of this Act after a court's determination of the defendant's physical incapacity for trial, or by an interlocutory appeal. Delay shall be considered to be agreed to by the defendant unless he or she objects to the delay by making a written demand for trial or an oral demand for trial on the record. The 120-day term must be one continuous period of incarceration. In computing the 120-day term, separate periods of incarceration may not be combined. If a defendant is taken into custody a second (or subsequent) time for the same offense, the term will begin again at day zero. (b) Every person on bail or recognizance shall be tried by the court having jurisdiction within 160 days from the date defendant demands trial unless delay is occasioned by the defendant, by an examination for fitness ordered pursuant to Section 104-13 of this Act, by a fitness hearing, by an adjudication of unfitness to stand trial, by a continuance allowed pursuant to Section 114-4 of this Act after a court's determination of the defendant's physical incapacity for trial, or by an interlocutory appeal. The defendant's failure to appear for any court date set by the court operates to waive the defendant's demand for trial made under this subsection. For purposes of computing the 160 day period under this subsection (b), every person who was in custody for an alleged offense and demanded trial and is subsequently released on bail or recognizance and demands trial, shall be given credit for time spent in custody following the making of the demand while in custody. Any demand for trial made under this subsection (b) shall be in writing; and in the case of a defendant not in custody, the demand for trial shall include the date of any prior demand made under this provision while the defendant was in custody. (c) If the court determines that the State has exercised without success due diligence to obtain evidence material to the case and that there are reasonable grounds to believe that such evidence may be obtained at a later day the court may continue the cause on application of the State for not more than an additional 60 days. If the court determines that the State has exercised without success due diligence to obtain results of DNA testing that is material to the case and that there are reasonable grounds to believe that such results may be obtained at a later day, the court may continue the cause on application of the State for not more than an additional 120 days. (d) Every person not tried in accordance with subsections (a), (b) and (c) of this Section shall be discharged from custody or released from the obligations of his bail or recognizance. (e) If a person is simultaneously in custody upon more than one charge pending against him in the same county, or simultaneously demands trial upon more than one charge pending against him in the same county, he shall be tried, or adjudged guilty after waiver of trial, upon at least one such charge before expiration relative to any of such pending charges of the period prescribed by subsections (a) and (b) of this Section. Such person shall be tried upon all of the remaining charges thus pending within 160 days from the date on which judgment relative to the first charge thus prosecuted is rendered pursuant to the Unified Code of Corrections or, if such trial upon such first charge is terminated without judgment and there is no subsequent trial of, or adjudication of guilt after waiver of trial of, such first charge within a reasonable time, the person shall be tried upon all of the remaining charges thus pending within 160 days from the date on which such trial is terminated; if either such period of 160 days expires without the commencement of trial of, or adjudication of guilt after waiver of trial of, any of such remaining charges thus pending, such charge or charges shall be dismissed and barred for want of prosecution unless delay is occasioned by the defendant, by an examination for fitness ordered pursuant to Section 104-13 of this Act, by a fitness hearing, by an adjudication of unfitness for trial, by a continuance allowed pursuant to Section 114-4 of this Act after a court's determination of the defendant's physical incapacity for trial, or by an interlocutory appeal; provided, however, that if the court determines that the State has exercised without success due diligence to obtain evidence material to the case and that there are reasonable grounds to believe that such evidence may be obtained at a later day the court may continue the cause on application of the State for not more than an additional 60 days. (f) Delay occasioned by the defendant shall temporarily suspend for the time of the delay the period within which a person shall be tried as prescribed by subsections (a), (b), or (e) of this Section and on the day of expiration of the delay the said period shall continue at the point at which it was suspended. Where such delay occurs within 21 days of the end of the period within which a person shall be tried as prescribed by subsections (a), (b), or (e) of this Section, the court may continue the cause on application of the State for not more than an additional 21 days beyond the period prescribed by subsections (a), (b), or (e). This subsection (f) shall become effective on, and apply to persons charged with alleged offenses committed on or after, March 1, 1977. (Source: P.A. 90-705, eff. 1-1-99; 91-123, eff. 1-1-00.) (725 ILCS 5/103-6) Sec. 103-6. Waiver of jury trial. Every person accused of an offense shall have the right to a trial by jury unless (i) understandingly waived by defendant in open court or (ii) the offense is an ordinance violation punishable by fine only and the defendant either fails to file a demand for a trial by jury at the time of entering his or her plea of not guilty or fails to pay to the clerk of the circuit court at the time of entering his or her plea of not guilty any jury fee required to be paid to the clerk. (Source: P.A. 86-1386.) (725 ILCS 5/103-7) Sec. 103-7. Posting notice of rights. Every sheriff, chief of police or other person who is in charge of any jail, police station or other building where persons under arrest are held in custody pending investigation, bail or other criminal proceedings, shall post in every room, other than cells, of such buildings where persons are held in custody, in conspicuous places where it may be seen and read by persons in custody and others, a poster, printed in large type, containing a verbatim copy in the English language of the provisions of Sections 103-2, 103-3, 103-4, 109-1, 110-2, 110-4, and sub-parts (a) and (b) of Sections 110-7 and 113-3 of this Code. Each person who is in charge of any courthouse or other building in which any trial of an offense is conducted shall post in each room primarily used for such trials and in each room in which defendants are confined or wait, pending trial, in conspicuous places where it may be seen and read by persons in custody and others, a poster, printed in large type, containing a verbatim copy in the English language of the provisions of Sections 103-6, 113-1, 113-4 and 115-1 and of subparts (a) and (b) of Section 113-3 of this Code. (Source: Laws 1965, p. 2622.) (725 ILCS 5/103-8) Sec. 103-8. Mandatory duty of officers. Any peace officer who intentionally prevents the exercise by an accused of any right conferred by this Article or who intentionally fails to perform any act required of him by this Article shall be guilty of official misconduct and may be punished in accordance with Section 33-3 of the "Criminal Code of 1961" approved July 28, 1961, as heretofore and hereafter amended. (Source: Laws 1963, p. 2836.) (725 ILCS 5/103-9) Sec. 103-9. Bail bondsmen. No bail bondsman from any state may seize or transport unwillingly any person found in this State who is allegedly in violation of a bail bond posted in some other state. The return of any such person to another state may be accomplished only as provided by the laws of this State. Any bail bondsman who violates this Section is fully subject to the criminal and civil penalties provided by the laws of this State for his actions. (Source: P.A. 84-694.) [ TOP ]