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Illinois Compiled Statutes

725 ILCS 5/109-3 (2026)

Preliminary examination

✓ current as of May 2026
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(725 ILCS 5/109-3) (from Ch. 38, par. 109-3)
    Sec. 109-3. Preliminary examination.
    (a) The judge shall hold the defendant to answer to the court having jurisdiction of the offense if from the evidence it appears there is probable cause to believe an offense has been committed by the defendant, as provided in Section 109-3.1 of this Code, if the offense is a felony.
    (b) If the defendant waives preliminary examination the judge shall hold him to answer and may, or on the demand of the prosecuting attorney shall, cause the witnesses for the State to be examined. After hearing the testimony if it appears that there is not probable cause to believe the defendant guilty of any offense the judge shall discharge him.
    (c) During the examination of any witness or when the defendant is making a statement or testifying the judge may and on the request of the defendant or State shall exclude all other witnesses. He may also cause the witnesses to be kept separate and to be prevented from communicating with each other until all are examined.
    (d) If the defendant is held to answer the judge may require any material witness for the State or defendant to enter into a written undertaking to appear at the trial. Any witness who refuses to execute a recognizance may be committed by the judge to the custody of the sheriff until trial or further order of the court having jurisdiction of the cause. Any witness who executes a recognizance and fails to comply with its terms commits a Class C misdemeanor.
    (e) During preliminary hearing or examination the defendant may move for an order of suppression of evidence pursuant to Section 114-11 or 114-12 of this Act or for other reasons, and may move for dismissal of the charge pursuant to Section 114-1 of this Act or for other reasons.
(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)

    
Notes of Decisions
Cited in 15 cases (3 in the last 5 years), 1996–2026 · leading case: Sornberger v. City Of Knoxville, 434 F.3d 1006 (7th Cir. 2006).
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Sornberger v. City Of Knoxville, 434 F.3d 1006 (7th Cir. 2006). “That probable cause determination may be made either by a judge conducting a preliminary hearing or by a grand jury See 725 ILCS 5/109-3 (preliminary hearing); 725 ILCS 5/112-4 (grand jury); see generally People v.”
People v. Johns, 2016 IL App (1st) 160480 (Ill. App. Ct. 2018). · cites it 3× “725 ILCS 5/109-3(d) (West 2014). We, therefore, remand with directions.”
People v. Chambliss, 2024 IL App (5th) 220492 (Ill. App. Ct. 2024). · cites it 2× “) 725 ILCS 5/109-3(a) (West 2020). Section 109-3.”
McDonald v. Hardy, 359 F. App'x 650 (7th Cir. 2010). “See 725 ILCS 5/109-3(d) (permitting judge to require any material witness in criminal prosecution to agree in writing to appear at trial and provide for bond forfeiture if witness does not appear).”
In Interest of JE, 668 N.E.2d 1052 (Ill. App. Ct. 1996). “3)(a) uses a word not contained in the detention hearing statute (section 5-10) or the preliminary hearing statute in the Criminal Code (725 ILCS 5/109-3 (West 1992)). In order to find a rebuttable presumption of transfer, the judge must find "there is probable cause to believe…”
People v. Kent, 2020 IL App (2d) 180887 (Ill. App. Ct. 2020). “Indeed, upon locating Wesley in court, the State could even have filed a motion to declare Wesley a material witness and requested that he be held without bond if he refused to sign a written undertaking to appear at trial.”
People v. Chambliss, 2026 IL 130585 (Ill. 2026). · cites it 3× “¶ 49 The State argues that the defendant waived his claim that the trial court erred by not conducting a preliminary hearing under section 109-3 (725 ILCS 5/109-3 (West 2020)) of the Code because the defendant never filed a motion to dismiss - 12 - under section 114-1(a)(11) of…”
People v. Johns, 2016 IL App (1st) 160480 (Ill. App. Ct. 2018). · cites it 2× “" 725 ILCS 5/109-3(d) (West 2014). The plain language of this provision requires that a witness first be given the opportunity to sign a written undertaking to appear at trial.”
Sornberger, Scott v. City of Knoxville, 434 F.3d 1006 (7th Cir. 2006). “See 725 ILCS 5/109-3 (preliminary hearing); 725 ILCS 5/112-4 (grand jury); see generally People v.”
People v. Kent, 2020 IL App (2d) 180887 (Ill. App. Ct. 2020). “Indeed, upon locating Wesley in court, the State could even have filed a motion to declare Wesley a material witness and requested that he be held without bond if he refused to sign a written undertaking to appear at trial.”
In Re An, 755 N.E.2d 155 (Ill. App. Ct. 2001). “A hearing on a petition for temporary detention is somewhat comparable to a preliminary hearing conducted under section 109-3 of the Procedure Code (725 ILCS 5/109-3 (West 2000)). In re S.I.”
People v. Jones (Ill. App. Ct. 2009). · cites it 2× “See 725 ILCS 5/109-3 (West 2008). Accordingly, we decline to adopt the reasoning of Brown, and instead follow the reasoning of Ellison in defining a preliminary examination under the Counties Code as “the proceedings at which a trial [sic] examines relevant factors for the…”
Show all 15 citing cases →
— 725 ILCS 5/109-3(a) — 4 cases
People v. Chambliss, 2024 IL App (5th) 220492 (Ill. App. Ct. 2024). “) 725 ILCS 5/109-3(a) (West 2020). Section 109-3.”
People v. Chambliss, 2026 IL 130585 (Ill. 2026). “¶ 49 The State argues that the defendant waived his claim that the trial court erred by not conducting a preliminary hearing under section 109-3 (725 ILCS 5/109-3 (West 2020)) of the Code because the defendant never filed a motion to dismiss - 12 - under section 114-1(a)(11) of…”
Adkins v. City of Chicago Dep't of Streets & Sanitation, 2024 IL App (1st) 230796-U (Ill. App. Ct. 2024).
People v. Jones (Ill. App. Ct. 2009). “See 725 ILCS 5/109-3 (West 2008). Accordingly, we decline to adopt the reasoning of Brown, and instead follow the reasoning of Ellison in defining a preliminary examination under the Counties Code as “the proceedings at which a trial [sic] examines relevant factors for the…”
— 725 ILCS 5/109-3(d) — 6 cases
People v. Johns, 2016 IL App (1st) 160480 (Ill. App. Ct. 2018). “725 ILCS 5/109-3(d) (West 2014). We, therefore, remand with directions.”
McDonald v. Hardy, 359 F. App'x 650 (7th Cir. 2010). “See 725 ILCS 5/109-3(d) (permitting judge to require any material witness in criminal prosecution to agree in writing to appear at trial and provide for bond forfeiture if witness does not appear).”
People v. Kent, 2020 IL App (2d) 180887 (Ill. App. Ct. 2020). “Indeed, upon locating Wesley in court, the State could even have filed a motion to declare Wesley a material witness and requested that he be held without bond if he refused to sign a written undertaking to appear at trial.”
People v. Johns, 2016 IL App (1st) 160480 (Ill. App. Ct. 2018). “" 725 ILCS 5/109-3(d) (West 2014). The plain language of this provision requires that a witness first be given the opportunity to sign a written undertaking to appear at trial.”
People v. Kent, 2020 IL App (2d) 180887 (Ill. App. Ct. 2020). “Indeed, upon locating Wesley in court, the State could even have filed a motion to declare Wesley a material witness and requested that he be held without bond if he refused to sign a written undertaking to appear at trial.”
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