Illinois Compiled Statutes
725 ILCS 5/111-1 (2026)
Methods of prosecution
✓ current as of May 2026
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(725 ILCS 5/111-1)
(from Ch. 38, par. 111-1)
Sec. 111-1. Methods of prosecution. (a) When authorized by law a prosecution may be commenced by:
(1) A complaint;
(2) An information;
(3) An indictment.
(b) Upon commencement of a prosecution for a violation of Section
11-501 of the Illinois Vehicle Code, or a similar provision of a local
ordinance, or Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
relating to the offense of reckless homicide, the victims of these offenses
shall have all the rights under this Section as they do in Section 4 of the
Rights of Crime Victims and Witnesses Act.
For the purposes of this Section "victim" shall mean an individual
who has suffered personal injury as a result of the commission of a
violation of Section 11-501 of the Illinois Vehicle Code, or a similar
provision of a local ordinance, or Section 9-3 of the Criminal Code of
1961 or the Criminal Code of 2012 relating to the offense of reckless homicide. In regard
to a violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
relating to the offense of reckless homicide, "victim" shall also include,
but not be limited to, spouse, guardian, parent, or other family member.
(c) Upon arrest after commencement of a prosecution for a sex offense against a person known to be an employee, the State's Attorney shall immediately provide the superintendent of schools or school administrator that employs the employee with a copy of the complaint, information, or indictment. For the purposes of this subsection: "employee" has the meaning provided in subsection (a) of Section 24-5 of the School Code; and "sex offense" has the meaning provided in Section 2 of the Sex Offender Registration Act. This subsection shall not be construed to diminish the rights, privileges, or remedies of an employee under a collective bargaining agreement or employment contract. (Source: P.A. 101-521, eff. 8-23-19; 102-558, eff. 8-20-21.)
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 1996–2023 · leading case: People v. Van Schoyck, 904 N.E.2d 29 (Ill. 2009).
People v. Van Schoyck, 904 N.E.2d 29 (Ill. 2009). “When a misdemeanor DUI is charged by way of uniform traffic ticket, "the copy of such Uniform Ticket which is filed with the circuit court constitutes a complaint to which the defendant may plead, unless he specifically requests that a verified complaint be filed.”
Szczesniak v. CJC Auto Parts, Inc., 2014 IL App (2d) 130636 (Ill. App. Ct. 2014). “725 ILCS 5/111-1 (West 2012). A citizen must do more than give false information to the police in order to be deemed responsible for commencing a prosecution.”
Barrow v. Blouin, 38 F. Supp. 3d 916 (N.D. Ill. 2014). “See 725 ILCS 5/111-1; Logan v. Caterpillar, Inc.”
Szczesniak v. CJC Auto Parts, Inc., 2014 IL App (2d) 130636 (Ill. App. Ct. 2014). “725 ILCS 5/111-1 (West 2012). A citizen must do more than give false information to the police in order to be deemed responsible for commencing a prosecution.”
People v. Buchanan, 2023 IL App (2d) 220265-U (Ill. App. Ct. 2023). “3d 832, 838-39 (2003); see 725 ILCS 5/111-1(a) (West 2020) (providing that a prosecution may be commenced by a complaint, an information, or an indictment).”
People v. Parsons (Ill. App. Ct. 1996). “The defendant also urges that the trial court erred in denying his motion for a new trial which was based upon alleged newly discovered evidence, and that the trial court abused its discretion in imposing a sentence of 15 years.”
— 725 ILCS 5/111-1(a) — 1 case
People v. Buchanan, 2023 IL App (2d) 220265-U (Ill. App. Ct. 2023). “3d 832, 838-39 (2003); see 725 ILCS 5/111-1(a) (West 2020) (providing that a prosecution may be commenced by a complaint, an information, or an indictment).”
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