ILCS » Chapter 725 · Act 225
Illinois Compiled Statutes

725 ILCS 225/3 (2026)

Form of demand

✓ current as of May 2026
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(725 ILCS 225/3) (from Ch. 60, par. 20)
    Sec. 3. Form of demand.
    No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing alleging, except in cases arising under Section 6, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he fled from the state, and accompanied by a copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereupon; or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the Executive Authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his bail, probation or parole. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the Executive Authority making the demand.
(Source: Laws 1955, p. 1982.)

    
Notes of Decisions
Cited in 6 cases, 1994–2013 · leading case: Cohen v. Sheahan, 700 N.E.2d 1122 (Ill. App. Ct. 1998).
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Cohen v. Sheahan, 700 N.E.2d 1122 (Ill. App. Ct. 1998). · cites it 6× “725 ILCS 225/3 (West 1996). Section 3 further provides that “[t]he indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state *** and *** be authenticated by the…”
In re Shelby R., 2013 IL 114994 (Ill. 2013). “The State explains that Illinois statutes, such as the Uniform Criminal Extradition Act (725 ILCS 225/3 (West 2010)), the Rights of Crime Victims and Witnesses Act (725 ILCS 120/4 (West 2010)), and the Military Code of Illinois (20 ILCS 1805/71 (West 2010)), are replete with…”
People v. Makiel, 635 N.E.2d 941 (Ill. App. Ct. 1994). “Code § 35—33—10—3) requires the State demanding extradition to attach to its demand an authenticated copy of the indictment or other charging document which must charge the person to be extradited with a crime under the laws of the State demanding extradition.”
Cohen v. Sheahan (Ill. App. Ct. 1998). · cites it 6× “725 ILCS 225/3 (West 1996). Section 3 further provides that "[t]he indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state *** and *** be authenticated by the…”
Cohen v. Sheahan (Ill. App. Ct. 1998). · cites it 6× “725 ILCS 225/3 (West 1992). Section 3 further provides that "[t]he indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state *** and *** be authenticated by the…”
People v. Meschino, 734 N.E.2d 131 (Ill. App. Ct. 2000). · cites it 2× “725 ILCS 225/3 (West 1998). Section 6 permits the extradition of persons who were not present in the demanding state at the time of the criminal act.”
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