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Illinois Compiled Statutes

725 ILCS 5/103-6 (2026)

Waiver of jury trial

✓ current as of May 2026
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(725 ILCS 5/103-6) (from Ch. 38, par. 103-6)
    Sec. 103-6. Waiver of jury trial. Every person accused of an offense shall have the right to a trial by jury unless (i) understandingly waived by defendant in open court or (ii) the offense is an ordinance violation punishable by fine only and the defendant either fails to file a demand for a trial by jury at the time of entering his or her plea of not guilty or fails to pay to the clerk of the circuit court at the time of entering his or her plea of not guilty any jury fee required to be paid to the clerk.
(Source: P.A. 86-1386.)

    
Notes of Decisions
Cited in 87 cases (37 in the last 5 years), 1994–2026 · leading case: People v. Lindsey, 772 N.E.2d 1268 (Ill. 2002).
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People v. Lindsey, 772 N.E.2d 1268 (Ill. 2002). · cites it 4× “) 725 ILCS 5/103-6 (West 1998). Defendant argued that his appearances via closed circuit television at the time of his arraignment and jury waiver did not satisfy the statutory requirement that he be present in "open court" at these proceedings.”
People v. Scott, 710 N.E.2d 833 (Ill. 1999). · cites it 3× “" Section 103-6 of the Code of Criminal Procedure of 1963 (Code) provides that a bench trial may be held if the right to trial by jury is "understandingly waived by defendant in open court.”
People v. Bannister, 902 N.E.2d 571 (Ill. 2008). “" 725 ILCS 5/103-6 (West 2006). To the same end, our decisions have imposed on a trial court the duty of ensuring that a defendant waives the right to a jury trial expressly and understandingly.”
People v. Victors, 819 N.E.2d 311 (Ill. App. Ct. 2004). · cites it 2× “" 725 ILCS 5/103-6 (West 2002). Further, in criminal cases, jury waivers should be in writing.”
In re P.S., 2021 IL App (5th) 210027 (Ill. App. Ct. 2021). “- 14 - charge against him, and called upon to plead thereto” before he can be tried for the offense); 725 ILCS 5/103-6(i) (West 2020) (providing a defendant can waive his right to a jury trial by understandingly waiving the right “in open court”).”
People v. West, 2017 IL App (1st) 143632 (Ill. App. Ct. 2017). · cites it 2× “2d at 269 ; 725 ILCS 5/103-6 (West 2012). For a jury waiver to be valid, the defendant must understandingly waive his right to a jury trial in that the waiver is both knowing and voluntary.”
People v. Hatcher, 2024 IL App (1st) 220455 (Ill. App. Ct. 2024). “2d at 269 ; 725 ILCS 5/103-6 ( West 2018 ). A written jury waiver is one means by which a defendant may waive his right to a jury, but a written waiver is not automatically valid.”
People v. Parker, 2016 IL App (1st) 141597 (Ill. App. Ct. 2016). “” 725 ILCS 5/103-6 (West 2012). The circuit court has a duty to “ensur[e] that a defendant waives the right to a jury trial expressly and understandingly” but “need not give any specific admonition or advice” for a jury waiver to be valid.”
Fischetti v. Vill. of Schaumburg, 2012 IL App (1st) 111008 (Ill. App. Ct. 2012). · cites it 2× “725 ILCS 5/103-6 (West 2006). Then, without any further allegations, she asked the court to declare that the administrative process “violate[d] due process” and that the judgment of liability was void ab initio.”
People v. Maxey, 2016 IL App (1st) 130698 (Ill. App. Ct. 2016). “See also 725 ILCS 5/103-6 (West 2010). Under section 115-1 of the Code of Criminal Procedure of 1963, a jury waiver must be in writing.”
People v. Hutt, 2023 IL 128170 (Ill. 2023). “2d at 269 ; 725 ILCS 5/103-6 (West 2016) (“Every person *** shall have the right to a trial by jury unless (i) understandingly waived by defendant in open court ***.”
People v. Brials, 732 N.E.2d 1109 (Ill. App. Ct. 2000). · cites it 2× “" 725 ILCS 5/103-6 (West 1998). Section 115-1 of the Code provides: "All prosecutions except on a plea of guilty or guilty but mentally ill shall be tried by the court and a jury unless the defendant waives a jury trial in writing.”
Show all 87 citing cases →
— 725 ILCS 5/103-6(i) — 8 cases
In re P.S., 2021 IL App (5th) 210027 (Ill. App. Ct. 2021). “- 14 - charge against him, and called upon to plead thereto” before he can be tried for the offense); 725 ILCS 5/103-6(i) (West 2020) (providing a defendant can waive his right to a jury trial by understandingly waiving the right “in open court”).”
People v. Ogiela, 2022 IL App (2d) 210429-U (Ill. App. Ct. 2022).
People v. Johnson, 2020 IL App (4th) 180314-U (Ill. App. Ct. 2020).
People v. Garcia, 2025 IL App (4th) 240695-U (Ill. App. Ct. 2025).
People v. Jones, 2021 IL App (4th) 190743-U (Ill. App. Ct. 2021).
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