Illinois Compiled Statutes
725 ILCS 5/111-2 (2026)
Commencement of prosecutions
✓ current as of May 2026
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(725 ILCS 5/111-2)
(from Ch. 38, par. 111-2)
Sec. 111-2. Commencement of prosecutions.
(a) All prosecutions of
felonies shall be by information or by indictment. No prosecution may be
pursued by information unless a preliminary hearing has been held or
waived in accordance with Section 109-3 and at that hearing probable
cause to believe the defendant committed an offense was found, and the
provisions of Section 109-3.1 of this Code have been complied with.
(b) All other prosecutions may be by indictment, information or
complaint.
(c) Upon the filing of an information or indictment in open
court charging the defendant with the commission of a sex offense
defined in any Section of Article 11 of the Criminal Code of 1961 or the Criminal Code of 2012,
and a minor as defined in Section 1-3 of the Juvenile
Court Act of 1987 is alleged to be the victim of the
commission of the acts of the defendant in the commission of
such offense, the court may appoint a guardian ad litem for the
minor as provided in Section 2-17, 3-19, 4-16 or 5-610 of the
Juvenile Court Act of 1987.
(d) Upon the filing of an information or indictment in open court,
the court shall immediately issue a warrant for the arrest of each
person charged with an offense directed to a peace officer or some other
person specifically named commanding him to arrest such person.
(e) When the offense is eligible for pretrial release, the judge shall endorse on the
warrant the conditions of pretrial release required by the order of the court, and if
the court orders the process returnable forthwith, the warrant shall
require that the accused be arrested and brought immediately into court.
(f) Where the prosecution of a felony is by information or complaint
after preliminary hearing, or after a waiver of preliminary hearing in
accordance with paragraph (a) of this Section, such prosecution may be
for all offenses, arising from the same transaction or conduct of a
defendant even though the complaint or complaints filed at the
preliminary hearing charged only one or some of the offenses arising
from that transaction or conduct.
(Source: P.A. 101-652, eff. 1-1-23.)
Notes of Decisions
Cited in 28
cases (9 in the last 5 years), 1993–2026 · 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.”
People v. White, 849 N.E.2d 406 (Ill. 2006). “All prosecutions of felonies must be by indictment or information. If a prosecution is commenced by information, the accused is entitled to a preliminary hearing to determine whether probable cause exists to believe that the accused committed an offense.”
People v. McCarty, 858 N.E.2d 15 (Ill. 2006). “A preliminary hearing was held on January 17, 2002 (725 ILCS 5/111-2 (West 2000)), and the circuit court entered findings of probable cause as to both defendants.”
Beaman v. Freesmeyer, 2021 IL 125617 (Ill. 2021). “See 725 ILCS 5/111-2(a), (b), 111-3(b) (West 2016).”
People v. Rudd, 2020 IL App (1st) 182037 (Ill. App. Ct. 2020). “See 725 ILCS 5/111-2(a) (West 2016); People v.”
People v. Moffett, 2019 IL App (2d) 180964 (Ill. App. Ct. 2020). “” 725 ILCS 5/111-2(a) (West 2018). 3 Notably, defendant makes no issue of the differing degrees of factual specificity between the original and subsequent charges.”
People v. Diestelhorst, 801 N.E.2d 1146 (Ill. App. Ct. 2003). “725 ILCS 5/111-2(a) (West 2000). Section 111-2(f) of the Code of Criminal Procedure of 1963 allows the State to amend an information to charge additional offenses arising out of the same transaction or occurrence without conducting another preliminary hearing.”
People v. Keys, 2023 IL App (4th) 210630 (Ill. App. Ct. 2023). “¶ 98 In arguing the prosecution began when he waived the preliminary hearing on November 16, 2017, defendant relies in part on section 111-2(a) of the Code of Criminal Procedure of 1963 (725 ILCS 5/111-2(a) (West 2016)), which provides that “[n]o prosecution may be pursued by…”
People v. Smith, 2012 IL App (4th) 100901 (Ill. App. Ct. 2012). “See 725 ILCS 5/111-2(a) (West 2010). Only one witness testified in the preliminary hearing, a Springfield police officer, Ryan Maddox.”
People v. Hodge, 620 N.E.2d 651 (Ill. App. Ct. 1993). “111-2(f) (now 725 ILCS 5/111-2(f) (West 1992))), a defendant may be prosecuted for all offenses arising from the same transaction or conduct, even though the complaint or complaints filed after the preliminary hearing or waiver of preliminary *662 hearing charged only one or…”
People v. Sandoval-Carrillo, 2016 IL App (2d) 140332 (Ill. App. Ct. 2016). “Defendant contends that (1) his conviction, on a guilty plea, of unlawful possession of more than 10 but not more than 30 grams of cannabis with the intent to deliver (720 ILCS 550/5(c) (West 2008)), a Class 4 felony, is void, because the State never charged him by indictment or…”
People v. Leavitt, 2014 IL App (1st) 121323 (Ill. App. Ct. 2014). “I, § 7 (no one "shall be held to answer for a crime punishable *** by imprisonment in the penitentiary unless either the initial charge has been brought by indictment of a grand jury or the person has been given a prompt preliminary hearing to establish probable cause"); 725…”
— 725 ILCS 5/111-2(a) — 23 cases
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.”
Beaman v. Freesmeyer, 2021 IL 125617 (Ill. 2021). “See 725 ILCS 5/111-2(a), (b), 111-3(b) (West 2016).”
People v. White, 849 N.E.2d 406 (Ill. 2006). “All prosecutions of felonies must be by indictment or information. If a prosecution is commenced by information, the accused is entitled to a preliminary hearing to determine whether probable cause exists to believe that the accused committed an offense.”
People v. Rudd, 2020 IL App (1st) 182037 (Ill. App. Ct. 2020). “See 725 ILCS 5/111-2(a) (West 2016); People v.”
People v. Moffett, 2019 IL App (2d) 180964 (Ill. App. Ct. 2020). “” 725 ILCS 5/111-2(a) (West 2018). 3 Notably, defendant makes no issue of the differing degrees of factual specificity between the original and subsequent charges.”
— 725 ILCS 5/111-2(b) — 1 case
People v. Cotledge, 2022 IL App (1st) 201209-U (Ill. App. Ct. 2022).
— 725 ILCS 5/111-2(f) — 5 cases
People v. White, 849 N.E.2d 406 (Ill. 2006). “All prosecutions of felonies must be by indictment or information. If a prosecution is commenced by information, the accused is entitled to a preliminary hearing to determine whether probable cause exists to believe that the accused committed an offense.”
People v. Hodge, 620 N.E.2d 651 (Ill. App. Ct. 1993). “111-2(f) (now 725 ILCS 5/111-2(f) (West 1992))), a defendant may be prosecuted for all offenses arising from the same transaction or conduct, even though the complaint or complaints filed after the preliminary hearing or waiver of preliminary *662 hearing charged only one or…”
People v. Diestelhorst, 801 N.E.2d 1146 (Ill. App. Ct. 2003). “725 ILCS 5/111-2(a) (West 2000). Section 111-2(f) of the Code of Criminal Procedure of 1963 allows the State to amend an information to charge additional offenses arising out of the same transaction or occurrence without conducting another preliminary hearing.”
People v. Henderson, 2022 IL App (3d) 190791-U (Ill. App. Ct. 2022).
People v. Ayres, 2019 IL App (4th) 171929-U (Ill. App. Ct. 2019).
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