Illinois Compiled Statutes

725 ILCS 5/107-12 (2026)

Notice to appear

✓ current as of May 2026
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(725 ILCS 5/107-12) (from Ch. 38, par. 107-12)
    Sec. 107-12. Notice to appear.
    (a) Whenever a peace officer is authorized to arrest a person without a warrant he may instead issue to such person a notice to appear.
    (b) The notice shall:
    (1) Be in writing;
    (2) State the name of the person and his address, if known;
    (3) Set forth the nature of the offense;
    (4) Be signed by the officer issuing the notice; and
    (5) Request the person to appear before a court at a certain time and place.
    (c) Upon failure of the person to appear a summons or warrant of arrest may issue.
    (d) In any case in which a person is arrested for a Class C misdemeanor or a petty offense and remanded to the sheriff other than pursuant to a court order, the sheriff may issue such person a notice to appear.
(Source: P.A. 83-693.)

    
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2009–2022 · leading case: People v. Taylor, 902 N.E.2d 751 (Ill. App. Ct. 2009).
People v. Taylor, 902 N.E.2d 751 (Ill. App. Ct. 2009). “Additionally, in a note introducing article V, part B of the supreme court rules, the drafting committee indicated that the bail provisions contained in the supreme court rules were not intended to limit a police officer's discretion to issue a notice to appear, in lieu of bond,…”
Hayenga v. City of Rockford, 2014 IL App (2d) 131261, 21 N.E.3d 495. “Hayenga argues that Jones was not “required” to arrest Wiseman; instead, Jones could have issued Wiseman a notice to appear pursuant to section 107-12 of the Code of Criminal Procedure of 1963 (725 ILCS 5/107-12 (West 2012)), and there would have been no need to take him into…”
Hayenga v. The City of Rockford, 2014 IL App (2d) 131261. “Hayenga argues that Jones was not “required” to arrest Wiseman; instead, Jones could have issued Wiseman a notice to appear pursuant to section 107-12 of the -9- 2014 IL App (2d) 131261 Code of Criminal Procedure of 1963 (725 ILCS 5/107-12 (West 2012)), and there would have been…”
Rogers v. Von Nida (S.D. Ill. 2020). · cites it 2× “In particular, Plaintiff alleges he never received a notice to appear pursuant to 725 ILCS 5/107-12, and officials failed to issue a summons or warrant of arrest, prior to finding him guilty.”
Pennie v. City Of Rockford (N.D. Ill. 2022). “Campbell noted later in response to an interrogatory that Pennie was issued a citation under 725 ILCS 5/107-12(a), which he explained is 3 The Illinois Appellate Court further referred to this as a citation.”
725 ILCS 5/107-12(a): 1 case
Pennie v. City Of Rockford (N.D. Ill. 2022). “Campbell noted later in response to an interrogatory that Pennie was issued a citation under 725 ILCS 5/107-12(a), which he explained is 3 The Illinois Appellate Court further referred to this as a citation.”
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