ILCS » Chapter 705 · Act 405
Illinois Compiled Statutes

705 ILCS 405/5-330 (2026)

State's Attorney's discretion to prosecute

✓ current as of May 2026
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(705 ILCS 405/5-330)
    Sec. 5-330. State's Attorney's discretion to prosecute. Nothing in this Article shall divest the authority of the State's Attorney to file appropriate charges for violations of this Article if he or she has probable cause to believe that the violations have occurred.
(Source: P.A. 90-590, eff. 1-1-99.)


 
    (705 ILCS 405/Art. V Pt. 4 heading)
PART 4. ARREST AND CUSTODY

    
Notes of Decisions
Cited in 3 cases, 2007–2011 · leading case: People Ex Rel. Devine v. Stralka, 877 N.E.2d 416 (Ill. 2007).
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People Ex Rel. Devine v. Stralka, 877 N.E.2d 416 (Ill. 2007). “705 ILCS 405/5-330 (West 2004). Delinquency proceedings based on a petition filed by the State's Attorney are separated into three judicial determinations or phases — a findings phase, an adjudicatory phase and a dispositional phase.”
In Re Jonathon CB, 958 N.E.2d 227 (Ill. 2011). “¶ 207 Further, with the enactment of the 1998 revisions, the Act imported more adversarial language with regard to juvenile proceedings: "guilty plea," "finding of guilt," "trial" and "sentencing" are now the proper terminology replacing "admission," "finding of delinquency,"…”
In Re Samantha, 917 N.E.2d 487 (Ill. 2009). “705 ILCS 405/5-330 (West 2004); see also People v.”
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