Article 1 - General Definitions
(730 ILCS 5/Ch. V Art. 1 heading) ARTICLE 1. GENERAL DEFINITIONS
(730 ILCS 5/5‑1‑1) (from Ch. 38, par. 1005‑1‑1)
Sec. 5‑1‑1. Meanings of Words and Phrases.
For the purposes of this Chapter, 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: P. A. 77‑2097.) |
(730 ILCS 5/5‑1‑2) (from Ch. 38, par. 1005‑1‑2)
Sec. 5‑1‑2. Business Offense.
"Business Offense" means a petty offense for which the fine is in excess of $1,000.
(Source: P.A. 90‑384, eff. 1‑1‑98.) |
(730 ILCS 5/5‑1‑3) (from Ch. 38, par. 1005‑1‑3)
Sec. 5‑1‑3. 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: P. A. 77‑2097.) |
(730 ILCS 5/5‑1‑3.5)
Sec. 5‑1‑3.5. Sex offense. "Sex offense" for the purposes of paragraph (16) of subsection (a) of Section 3‑3‑7, paragraph (10) of subsection (a) of Section 5‑6‑3, and paragraph (18) of subsection (c) of Section 5‑6‑3.1 only has the meaning ascribed to it in subsection (a‑5) of Section 3‑1‑2 of this Code.
(Source: P.A. 94‑159, eff. 7‑11‑05.)
(730 ILCS 5/5‑1‑4) (from Ch. 38, par. 1005‑1‑4)
Sec. 5‑1‑4. Conditional discharge.
"Conditional Discharge" means a sentence or disposition of conditional and revocable release without probationary supervision but under such conditions as may be imposed by the court.
(Source: P.A. 78‑1297.) |
(730 ILCS 5/5‑1‑5) (from Ch. 38, par. 1005‑1‑5)
Sec. 5‑1‑5. Conviction.
"Conviction" means a judgment of conviction or sentence entered upon a plea of guilty or upon a verdict or finding of guilty of an offense, rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury.
(Source: P. A. 77‑2097.) |
(730 ILCS 5/5‑1‑6) (from Ch. 38, par. 1005‑1‑6)
Sec. 5‑1‑6. Court.
"Court" means a circuit court of Illinois and includes a judge thereof.
(Source: P. A. 77‑2097.) |
(730 ILCS 5/5‑1‑7) (from Ch. 38, par. 1005‑1‑7)
Sec. 5‑1‑7. Defendant.
"Defendant" means a person charged with an offense.
(Source: P. A. 77‑2097.) |
(730 ILCS 5/5‑1‑8) (from Ch. 38, par. 1005‑1‑8)
Sec. 5‑1‑8. Defendant in Need of Mental Treatment.
"Defendant in need of mental treatment" means any defendant afflicted with a mental disorder, not including a person who is mentally retarded, if that defendant, as a result of such mental disorder, is reasonably expected at the time of determination or within a reasonable time thereafter to intentionally or unintentionally physically injure himself or other persons, or is unable to care for himself so as to guard himself from physical injury or to provide for his own physical needs.
(Source: P. A. 77‑2097.) |
(730 ILCS 5/5‑1‑8.5)
Sec. 5‑1‑8.5. Computer scrub software. "Computer scrub software" has the meaning ascribed to it in subsection (c‑5) of Section 3‑1‑2 of this Code.
(Source: P.A. 96‑362, eff. 1‑1‑10.)
(730 ILCS 5/5‑1‑9) (from Ch. 38, par. 1005‑1‑9)
Sec. 5‑1‑9. Felony.
"Felony" means an offense for which a sentence to death or to a term of imprisonment in a penitentiary for one year or more is provided.
(Source: P.A. 77‑2097.) |
(730 ILCS 5/5‑1‑10) (from Ch. 38, par. 1005‑1‑10)
Sec. 5‑1‑10. Imprisonment.
"Imprisonment" means incarceration in a correctional institution under a sentence of imprisonment and does not include "periodic imprisonment" under Article 7.
(Source: P. A. 77‑2097.) |
(730 ILCS 5/5‑1‑11) (from Ch. 38, par. 1005‑1‑11)
Sec. 5‑1‑11. Insanity. "Insanity" means the lack of a substantial capacity to appreciate the criminality of one's conduct as a result of mental disorder or mental defect.
(Source: P.A. 89‑404, eff. 8‑20‑95; 90‑593, eff. 6‑19‑98.) |
(730 ILCS 5/5‑1‑12) (from Ch. 38, par. 1005‑1‑12)
Sec. 5‑1‑12. 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: P. A. 77‑2097.) |
(730 ILCS 5/5‑1‑13) (from Ch. 38, par. 1005‑1‑13)
Sec. 5‑1‑13. Mentally Retarded.
"Mentally retarded and mental retardation" mean sub‑average general intellectual functioning generally originating during the developmental period and associated with impairment in adaptive behavior reflected in delayed maturation or reduced learning ability or inadequate social adjustment.
(Source: P. A. 77‑2097.) |
(730 ILCS 5/5‑1‑14) (from Ch. 38, par. 1005‑1‑14)
Sec. 5‑1‑14. Misdemeanor.
"Misdemeanor" means any offense for which a sentence to a term of imprisonment in other than a penitentiary for less than one year may be imposed.
(Source: P. A. 77‑2097.) |
(730 ILCS 5/5‑1‑15) (from Ch. 38, par. 1005‑1‑15)
Sec. 5‑1‑15. Offense.
"Offense" means conduct for which a sentence to a term of imprisonment or to a fine is provided by any law of this State or by any law, local law or ordinance of a political subdivision of this State, or by any order, rule or regulation of any governmental instrumentality authorized by law to adopt the same.
(Source: P. A. 77‑2097.) |
(730 ILCS 5/5‑1‑16) (from Ch. 38, par. 1005‑1‑16)
Sec. 5‑1‑16. Parole.
"Parole" means the conditional and revocable release of a committed person under the supervision of a parole officer.
(Source: P. A. 78‑939.) |
(730 ILCS 5/5‑1‑17) (from Ch. 38, par. 1005‑1‑17)
Sec. 5‑1‑17. Petty Offense. "Petty offense" means any offense for which a sentence of imprisonment is not an authorized disposition.
(Source: P.A. 95‑1052, eff. 7‑1‑09.)
(730 ILCS 5/5‑1‑18) (from Ch. 38, par. 1005‑1‑18)
Sec. 5‑1‑18. Probation.
"Probation" means a sentence or disposition of conditional and revocable release under the supervision of a probation officer.
(Source: P. A. 78‑939.) |
(730 ILCS 5/5‑1‑18.1) (from Ch. 38, par. 1005‑1‑18.1)
Sec. 5‑1‑18.1. "Public or community service" means uncompensated labor for a non‑profit organization or public body whose purpose is to enhance physical or mental stability, environmental quality or the social welfare and which agrees to accept public or community service from offenders and to report on the progress of the public or community service to the court.
(Source: P.A. 85‑449.) |
(730 ILCS 5/5‑1‑18.2) (from Ch. 38, par. 1005‑1‑18.2)
Sec. 5‑1‑18.2. "Site" means non‑profit organization or public body agreeing to accept community service from offenders and to report on the progress of ordered public or community service to the court or its delegate.
(Source: P.A. 85‑449.) |
(730 ILCS 5/5‑1‑19) (from Ch. 38, par. 1005‑1‑19)
Sec. 5‑1‑19. Sentence.
"Sentence" is the disposition imposed by the court on a convicted defendant.
(Source: P. A. 77‑2097.) |
(730 ILCS 5/5‑1‑20) (from Ch. 38, par. 1005‑1‑20)
Sec. 5‑1‑20. State.
"State" or "this State" means the State of Illinois.
(Source: P. A. 77‑2097.) |
(730 ILCS 5/5‑1‑21) (from Ch. 38, par. 1005‑1‑21)
Sec. 5‑1‑21. Supervision.) "Supervision" means a disposition of conditional and revocable release without probationary supervision, but under such conditions and reporting requirements as are imposed by the court, at the successful conclusion of which disposition the defendant is discharged and a judgment dismissing the charges is entered.
(Source: P.A. 79‑1334.) |
(730 ILCS 5/5‑1‑22) (from Ch. 38, par. 1005‑1‑22)
Sec. 5‑1‑22. Victim. "Victim" shall have the meaning ascribed to the term "crime victim" in subsection (a) of Section 3 of the Rights of Crime Victims and Witnesses Act.
(Source: P.A. 92‑651, eff. 7‑11‑02.) |