Illinois Compiled Statutes
625 ILCS 5/16-102 (2026)
Arrests - Investigations - Prosecutions
✓ current as of May 2026
Find cases:
SyfertCases citing this section
IL-ILGAilga.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
(625 ILCS 5/16-102)
(from Ch. 95 1/2, par. 16-102)
Sec. 16-102. Arrests - Investigations - Prosecutions. (a) The Illinois State Police shall patrol the public highways and make arrests
for violation of the provisions of this Act.
(b) The Secretary of State, through the investigators provided for in
this Act shall investigate and report violations of the provisions of
this Act in relation to the equipment and operation of vehicles as
provided for in Section 2-115 and for such purposes these investigators
have and may exercise throughout the State all of the powers of police officers.
(c) The State's Attorney of the county in which the violation occurs
shall prosecute all violations except when the violation occurs within
the corporate limits of a municipality, the municipal attorney may
prosecute if written permission to do so is obtained from the State's
Attorney. (d) The State's Attorney of the county in which the violation occurs may not grant to the municipal attorney permission to prosecute if the offense charged is a felony under Section 11-501 of this Code. The municipality may, however, charge an offender with a municipal misdemeanor offense if the State's Attorney rejects or denies felony charges for the conduct that comprises the charge.
(Source: P.A. 102-538, eff. 8-20-21.)
Notes of Decisions
Cited in 17
cases (7 in the last 5 years), 1999–2026 · leading case: People v. Cox, 782 N.E.2d 275 (Ill. 2002).
People v. Cox, 782 N.E.2d 275 (Ill. 2002). “See 725 ILCS 5/107-2(1)(c) (West 2000) (police officer may arrest someone when "[h]e has reasonable grounds to believe that the person is committing or has committed an offense"); 625 ILCS 5/16-102 (West 2000) ("The State Police shall patrol the public highways and make arrests…”
People v. Fitzpatrick, 2013 IL 113449 (Ill. 2013). “” 625 ILCS 5/16-102(a) (West 2010). Thus, just as Illinois has no common law tradition of prohibiting arrests for minor offenses, there is no such statutory tradition either.”
People v. Herman, 2012 IL App (3d) 110420 (Ill. App. Ct. 2012). “” 625 ILCS 5/16-102(c) (West 2010). In this case, the traffic citations issued by the Village police officer charged defendant with violations of the Illinois Vehicle Code and identified the State as the prosecuting authority.”
Vill. of Lincolnshire v. Olvera, 2024 IL App (2d) 230255 (Ill. App. Ct. 2024). “The Village’s Authority to Prosecute ¶ 54 Defendant first contends that, because he was prosecuted for DUI (cannabis) under the provisions of the Vehicle Code (as opposed to a Village ordinance), the Village was required, - 18 - 2024 IL App (2d) 230255 under section 16-102(c) of…”
Vill. of Lincolnshire v. Olvera, 2025 IL 130775 (Ill. 2025). “Defendant claimed that the Village was required to do so under section 16-102(c) of the Code (625 ILCS 5/16-102(c) (West 2020)). Defendant conceded that he had forfeited the issue by not raising it below but argued that the error was plain error, reviewable under the second…”
The Vill. of Bull Valley v. Zeinz, 2014 IL App (2d) 140053 (Ill. App. Ct. 2014). “6, 2013)), he argues that his convictions cannot stand, because, under section 16-102(c) of the Illinois Vehicle Code (Code) (625 ILCS 5/16-102(c) (West 2012)), plaintiff, the Village of Bull Valley (the Village), could not prosecute him for the offenses, because it failed to…”
City of East Peoria v. Palmer, 2012 IL App (3d) 110904 (Ill. App. Ct. 2012). “¶ 24 First, the defendant argues that we lack jurisdiction to hear this appeal because pursuant to section 16-102(c) of the Code (625 ILCS 5/16-102(c) (West 2010)), East Peoria does not have written permission from the current Tazewell County State’s Attorney to prosecute…”
People v. Kohler, 2012 IL App (2d) 100513 (Ill. App. Ct. 2012). “We note that section 16-102(c) of the Illinois Vehicle Code (625 ILCS 5/16-102(c) (West 2008)) allows the State’s Attorney to authorize with written permission a municipality’s attorney to prosecute a violation.”
People v. Taylor, 902 N.E.2d 751 (Ill. App. Ct. 2009). “See 725 ILCS 5/107-2(1)(c) (West 2004) (providing that a police officer may arrest someone when "[h]e has reasonable grounds to believe that the person is committing or has committed an offense"); 625 ILCS 5/16-102(a) (West 2004) (providing that "[t]he State Police shall patrol…”
The Vill. of Bull Valley v. Zeinz, 2014 IL App (2d) 140053 (Ill. App. Ct. 2014). “6, 2013)), he argues that his convictions cannot stand, because, under section 16-102(c) of the Illinois Vehicle Code (Code) (625 ILCS 5/16-102(c) (West 2012)), plaintiff, the Village of Bull Valley (the Village), could not prosecute him for the offenses, because it failed to…”
Vill. of Glen Ellen v. Podkul, 2024 IL App (3d) 220420-U (Ill. App. Ct. 2024). “The defendant appeals her conviction, arguing that her conviction was a nullity because the Village of Glen Ellyn (the Village) prosecuted her without obtaining written permission from the State’s Attorney, as required by section 16-102(c) of the Code (625 ILCS 5/16-102(c) (West…”
Vill. of Lisle v. French, 2024 IL App (3d) 230002 (Ill. App. Ct. 2024). “In its response, the Village argues we have jurisdiction because the Village attorney was acting with permission from the State’s Attorney pursuant to section 16-102 of the Illinois Vehicle Code (625 ILCS 5/16-102 (West 2020)) while prosecuting a Vehicle Code violation…”
— 625 ILCS 5/16-102(a) — 2 cases
People v. Fitzpatrick, 2013 IL 113449 (Ill. 2013). “” 625 ILCS 5/16-102(a) (West 2010). Thus, just as Illinois has no common law tradition of prohibiting arrests for minor offenses, there is no such statutory tradition either.”
People v. Taylor, 902 N.E.2d 751 (Ill. App. Ct. 2009). “See 725 ILCS 5/107-2(1)(c) (West 2004) (providing that a police officer may arrest someone when "[h]e has reasonable grounds to believe that the person is committing or has committed an offense"); 625 ILCS 5/16-102(a) (West 2004) (providing that "[t]he State Police shall patrol…”
— 625 ILCS 5/16-102(c) — 13 cases
People v. Herman, 2012 IL App (3d) 110420 (Ill. App. Ct. 2012). “” 625 ILCS 5/16-102(c) (West 2010). In this case, the traffic citations issued by the Village police officer charged defendant with violations of the Illinois Vehicle Code and identified the State as the prosecuting authority.”
Vill. of Lincolnshire v. Olvera, 2024 IL App (2d) 230255 (Ill. App. Ct. 2024). “The Village’s Authority to Prosecute ¶ 54 Defendant first contends that, because he was prosecuted for DUI (cannabis) under the provisions of the Vehicle Code (as opposed to a Village ordinance), the Village was required, - 18 - 2024 IL App (2d) 230255 under section 16-102(c) of…”
Vill. of Lincolnshire v. Olvera, 2025 IL 130775 (Ill. 2025). “Defendant claimed that the Village was required to do so under section 16-102(c) of the Code (625 ILCS 5/16-102(c) (West 2020)). Defendant conceded that he had forfeited the issue by not raising it below but argued that the error was plain error, reviewable under the second…”
The Vill. of Bull Valley v. Zeinz, 2014 IL App (2d) 140053 (Ill. App. Ct. 2014). “6, 2013)), he argues that his convictions cannot stand, because, under section 16-102(c) of the Illinois Vehicle Code (Code) (625 ILCS 5/16-102(c) (West 2012)), plaintiff, the Village of Bull Valley (the Village), could not prosecute him for the offenses, because it failed to…”
City of East Peoria v. Palmer, 2012 IL App (3d) 110904 (Ill. App. Ct. 2012). “¶ 24 First, the defendant argues that we lack jurisdiction to hear this appeal because pursuant to section 16-102(c) of the Code (625 ILCS 5/16-102(c) (West 2010)), East Peoria does not have written permission from the current Tazewell County State’s Attorney to prosecute…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.
|