ILCS » Chapter 725 · Act 5
Illinois Compiled Statutes

725 ILCS 5/106-2.5 (2026)

Use immunity

✓ current as of May 2026
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(725 ILCS 5/106-2.5) (from Ch. 38, par. 106-2.5)
    Sec. 106-2.5. Use immunity.
    (a) In lieu of the immunity provided in Section 106-2 of this Code, the State's Attorney may make application to the court that a street gang member, who testifies on behalf of a public authority in a civil proceeding brought against a streetgang under the Illinois Streetgang Terrorism Omnibus Prevention Act, be granted immunity from prosecution in a criminal case as to any information directly or indirectly derived from the production of evidence by the streetgang member. The court shall grant the order of immunity if:
        (1) the production of the evidence is necessary to a
    
fair determination of a cause of action under the Illinois Streetgang Terrorism Omnibus Prevention Act; and
        (2) the streetgang member has refused or is likely to
    
refuse to produce the evidence on the basis of his or her privilege against self-incrimination.
    (b) In lieu of the immunity provided in Section 106-2 of this Code, in any investigation before a Grand Jury, or trial in any court, the court on motion of the State shall order that a witness be granted immunity from prosecution in a criminal case as to any information directly or indirectly derived from the production of evidence from the witness if the witness has refused or is likely to refuse to produce the evidence on the basis of his or her privilege against self-incrimination.
    (c) The production of evidence so compelled under the order, and any information directly or indirectly derived from it, may not be used against the witness in a criminal case, except in a prosecution for perjury, false swearing, or an offense otherwise involving a failure to comply with the order. An order of immunity granted under this Section does not bar prosecution of the witness, except as specifically provided in this Section.
    (d) Upon request of the witness so compelled, a copy of the evidence produced under the order shall be furnished to him or her.
(Source: P.A. 87-932; 88-241; 88-677, eff. 12-15-94.)

    
Notes of Decisions
Cited in 20 cases (6 in the last 5 years), 1999–2026 · leading case: People v. Figueroa, 2020 IL App (2d) 160650 (Ill. App. Ct. 2020).
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People v. Figueroa, 2020 IL App (2d) 160650 (Ill. App. Ct. 2020). “¶ 44 Illinois’s use immunity statute provides, in relevant portion: “(b) *** [I]n any investigation before a Grand Jury, or trial in any court, the court on motion of the State shall order that a witness be granted immunity from prosecution in a criminal case as to any…”
People v. Donlow, 2020 IL App (4th) 170374 (Ill. App. Ct. 2020). “5(b) of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/106-2.5(b) (West 2016)), asking the trial court to compel codefendant, Freddrick Johnson (Fred), to testify as a witness against defendant.”
People v. Evans, 2016 IL App (3d) 140120 (Ill. App. Ct. 2016). “See 725 ILCS 5/106-2.5 (West 2012) (providing the State the option of giving a witness use immunity if his testimony is necessary and the witness is otherwise likely to invoke his privilege against self-incrimination).”
People v. Zambrano, 2016 IL App (3d) 140178 (Ill. App. Ct. 2016). “” 725 ILCS 5/106-2.5(b) (West 2008). The State can seek a grant of use immunity for a witness who has refused or is likely to refuse to testify on the basis of his fifth amendment rights.”
People v. Zambrano, 2016 IL App (3d) 140178 (Ill. App. Ct. 2016). “” 725 ILCS 5/106-2.5(b) (West 2008). The State can seek a grant of use immunity for a witness who has refused or is likely to refuse to testify on the basis of his fifth amendment rights.”
People v. Evans, 2016 IL App (3d) 140120 (Ill. App. Ct. 2016). “See 725 ILCS 5/106-2.5 (West 2012) (providing the State the option of giving a witness use immunity if his testimony is necessary and the witness is otherwise likely to invoke his privilege against self-incrimination).”
People v. Radojcic, 2013 IL 114197 (Ill. 2013). “” See 725 ILCS 5/106-2.5(b) (West 2008). Both Helfand and Radojcic filed written objections, arguing that such testimony would violate the attorney-client privilege.”
People v. McPherson, 2018 IL App (2d) 170966 (Ill. App. Ct. 2019). “See 725 ILCS 5/106-2.5(b) (West 2016); People v.”
People v. McPherson, 2018 IL App (2d) 170966 (Ill. App. Ct. 2018). “See 725 ILCS 5/106-2.5(b) (West 2016); People v.”
People v. Mitchell, 2022 IL App (1st) 210432-U (Ill. App. Ct. 2022). “725 ILCS 5/106-2.5(b). Jones entered into a plea agreement, agreed to testify for the State, and testified at Bashum’s jury trial.”
People v. Adamson, 2020 IL App (4th) 180631-U (Ill. App. Ct. 2020). “See 725 ILCS 5/106-2.5 (West 2016) (The State can give witness use immunity if witness’s testimony is necessary and the witness is otherwise likely to invoke his fifth amendment privilege against self-incrimination.”
People v. Evans, 2016 IL App (3d) 140120 (Ill. App. Ct. 2016). “See 725 ILCS 5/106-2.5 (West 2012) (providing the State the option of giving a witness use immunity if his testimony is necessary and the witness is otherwise likely to invoke his privilege against self-incrimination).”
Show all 20 citing cases →
— 725 ILCS 5/106-2.5(b) — 13 cases
People v. Figueroa, 2020 IL App (2d) 160650 (Ill. App. Ct. 2020). “¶ 44 Illinois’s use immunity statute provides, in relevant portion: “(b) *** [I]n any investigation before a Grand Jury, or trial in any court, the court on motion of the State shall order that a witness be granted immunity from prosecution in a criminal case as to any…”
People v. Donlow, 2020 IL App (4th) 170374 (Ill. App. Ct. 2020). “5(b) of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/106-2.5(b) (West 2016)), asking the trial court to compel codefendant, Freddrick Johnson (Fred), to testify as a witness against defendant.”
People v. Zambrano, 2016 IL App (3d) 140178 (Ill. App. Ct. 2016). “” 725 ILCS 5/106-2.5(b) (West 2008). The State can seek a grant of use immunity for a witness who has refused or is likely to refuse to testify on the basis of his fifth amendment rights.”
People v. Zambrano, 2016 IL App (3d) 140178 (Ill. App. Ct. 2016). “” 725 ILCS 5/106-2.5(b) (West 2008). The State can seek a grant of use immunity for a witness who has refused or is likely to refuse to testify on the basis of his fifth amendment rights.”
People v. Radojcic, 2013 IL 114197 (Ill. 2013). “” See 725 ILCS 5/106-2.5(b) (West 2008). Both Helfand and Radojcic filed written objections, arguing that such testimony would violate the attorney-client privilege.”
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