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ILLINOIS STATUTES AND CODES

Article 102 - General Definitions


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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