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Illinois Compiled Statutes

725 ILCS 5/112-4 (2026)

Duties of Grand Jury and State's Attorney

✓ current as of May 2026
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(725 ILCS 5/112-4) (from Ch. 38, par. 112-4)
    Sec. 112-4. Duties of Grand Jury and State's Attorney.) (a) The Grand Jury shall hear all evidence presented by the State's Attorney.
    (b) The Grand Jury has the right to subpoena and question any person against whom the State's Attorney is seeking a Bill of Indictment, or any other person, and to obtain and examine any documents or transcripts relevant to the matter being prosecuted by the State's Attorney. Prior to the commencement of its duties and, again, before the consideration of each matter or charge before the Grand Jury, the State's Attorney shall inform the Grand Jury of these rights. In cases where the initial charge has been commenced by information or complaint and a finding of no probable cause has resulted as to any offense charged therein, the Grand Jury shall be informed of the finding entered at the preliminary hearing and further advised that such finding shall not bar the State from initiating new charges by indictment, information or complaint if the State's Attorney has reasonable grounds to believe that the evidence available at that time is sufficient to establish probable cause. In such cases, the Grand Jury shall be further advised that it has the right to subpoena and question any witness who testified at the preliminary hearing, or who is believed to have knowledge of such offense, and of its right to obtain and examine the testimony heard at the preliminary hearing, either through the production of a transcript of the proceedings, or through the verbatim testimony of the court reporter who attended the preliminary hearing. The State's Attorney shall file an affidavit as part of the Grand Jury record indicating whether the jurors were advised of such previous findings of no probable cause and of their rights based upon such previous finding.
    Any person subpoenaed who is already charged with an offense or against whom the State's Attorney is seeking a Bill of Indictment shall have the right to be accompanied by counsel who shall advise him of his rights during the proceedings but may not participate in any other way. Before any testimony is given by such a person, he shall be informed that he has the right to refuse to answer any question that will tend to incriminate him, that anything he says may be used against him in a court of law, that he has the right to be accompanied and advised of his rights by counsel, and that he will have counsel appointed for him if he cannot afford one.
    (c) The foreman shall preside over all hearings and swear all witnesses. Except where otherwise provided by this Article, the foreman may delegate duties to other grand jurors and determine rules of procedure.
    (d) If 9 grand jurors concur that the evidence before them constitutes probable cause that a person has committed an offense the State's Attorney shall prepare a Bill of Indictment charging that person with such offense. The foreman shall sign each Bill of Indictment which shall be returned in open court.
    (e) When the evidence presented to the Grand Jury does not warrant the return of a Bill of Indictment, the State's Attorney may prepare a written memorandum to such effect, entitled, "No Bill".
(Source: P.A. 85-690.)

    
Notes of Decisions
Cited in 17 cases (2 in the last 5 years), 1995–2024 · leading case: People v. DiVincenzo, 700 N.E.2d 981 (Ill. 1998).
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People v. DiVincenzo, 700 N.E.2d 981 (Ill. 1998). · cites it 3× “Defendant therefore argues that the indictment should be dismissed. Alternatively, defendant argues that he is entitled to an evidentiary hearing to determine if there was any misconduct.”
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. Oliver, 859 N.E.2d 38 (Ill. App. Ct. 2006). “2d at 466 ; see 725 ILCS 5/112-4(d) (West 2004); People v.”
People v. Boston, 2016 IL 118661 (Ill. 2016). · cites it 2× “” 725 ILCS 5/112-4(b) (West 2012). “[S]ection 112-4, in confirming the grand jury’s power to subpoena any person, also gives the grand jury the right to demand that the person subpoenaed provide evidence within the limitations imposed by constitutional guarantees of individual…”
People v. Boston, 2016 IL 118661 (Ill. 2016). · cites it 3× “” 725 ILCS 5/112-4(a) (West 2012). On the basis of evidence heard, the grand jury is authorized to issue subpoenas (725 ILCS 5/112-4(b) (West 2012)), including a subpoena requiring an individual to provide physical evidence, as long as the taking of the evidence is within the…”
People Ex Rel. Dept. of Prof. Reg. v. Manos, 782 N.E.2d 237 (Ill. 2002). “725 ILCS 5/112-4(b) (West 2000). Like the appellate court below, we believe that "[i]f, as in Bickham , the broad power of the grand jury to investigate criminal violations must yield to the privacy concerns protected by the physician-patient privilege, then * * * the…”
People v. Nolan, 2019 IL App (2d) 180354 (Ill. App. Ct. 2019). “Here, the State asserts, the grand-jury testimony was not demonstrably false and defendant’s alternate version of his conversation with Kaiser presents a routine factual issue to be decided by a jury at trial. Defendant responds that no case limits how a defendant may…”
Williams v. Bruscato, 2019 IL App (2d) 170779 (Ill. App. Ct. 2019). “Plaintiff cites section 112-4(d) of the Code ( 725 ILCS 5/112-4(d) (West 2016)) to support his argument.”
People v. Basile, 2022 IL App (2d) 210740 (Ill. App. Ct. 2022). “Nolan, 2019 IL App (2d) 180354, ¶ 9 (citing 725 ILCS 5/112-4 (West 2014)). Interposing a grand jury between the individual and the State limits indictments for higher crimes to those offenses charged by a group of one’s fellow citizens acting independently of the State and the…”
Williams v. Bruscato, 2019 IL App (2d) 170779 (Ill. App. Ct. 2019). “Plaintiff cites section 112-4(d) of the Code (725 ILCS 5/112-4(d) (West 2016)) to support his argument.”
People v. Basile, 2024 IL 129026 (Ill. 2024). “2d at 254 ; 725 ILCS 5/112-4 (West 2018). “Only the State’s Attorney, his [or her] reporter and any other person authorized by the court or by law may attend the sessions of the Grand Jury.”
In Interest of Rt, 648 N.E.2d 1043 (Ill. App. Ct. 1995). “Because a transfer hearing does not adjudicate guilt, the transfer statute does not require such a level of proof.”
Show all 17 citing cases →
— 725 ILCS 5/112-4(a) — 1 case
People v. Boston, 2016 IL 118661 (Ill. 2016). “” 725 ILCS 5/112-4(a) (West 2012). On the basis of evidence heard, the grand jury is authorized to issue subpoenas (725 ILCS 5/112-4(b) (West 2012)), including a subpoena requiring an individual to provide physical evidence, as long as the taking of the evidence is within the…”
— 725 ILCS 5/112-4(b) — 6 cases
People v. Boston, 2016 IL 118661 (Ill. 2016). “” 725 ILCS 5/112-4(b) (West 2012). “[S]ection 112-4, in confirming the grand jury’s power to subpoena any person, also gives the grand jury the right to demand that the person subpoenaed provide evidence within the limitations imposed by constitutional guarantees of individual…”
People v. Boston, 2016 IL 118661 (Ill. 2016). “” 725 ILCS 5/112-4(a) (West 2012). On the basis of evidence heard, the grand jury is authorized to issue subpoenas (725 ILCS 5/112-4(b) (West 2012)), including a subpoena requiring an individual to provide physical evidence, as long as the taking of the evidence is within the…”
People Ex Rel. Dept. of Prof. Reg. v. Manos, 782 N.E.2d 237 (Ill. 2002). “725 ILCS 5/112-4(b) (West 2000). Like the appellate court below, we believe that "[i]f, as in Bickham , the broad power of the grand jury to investigate criminal violations must yield to the privacy concerns protected by the physician-patient privilege, then * * * the…”
People v. Bauer (Ill. App. Ct. 2010).
People v. Manos (Ill. App. Ct. 2001).
— 725 ILCS 5/112-4(d) — 5 cases
People v. Oliver, 859 N.E.2d 38 (Ill. App. Ct. 2006). “2d at 466 ; see 725 ILCS 5/112-4(d) (West 2004); People v.”
Williams v. Bruscato, 2019 IL App (2d) 170779 (Ill. App. Ct. 2019). “Plaintiff cites section 112-4(d) of the Code ( 725 ILCS 5/112-4(d) (West 2016)) to support his argument.”
Williams v. Bruscato, 2019 IL App (2d) 170779 (Ill. App. Ct. 2019). “Plaintiff cites section 112-4(d) of the Code (725 ILCS 5/112-4(d) (West 2016)) to support his argument.”
In Interest of Rt, 648 N.E.2d 1043 (Ill. App. Ct. 1995). “Because a transfer hearing does not adjudicate guilt, the transfer statute does not require such a level of proof.”
Murry v. Am. Fed'n of State, Cnty., & Mun. Employees Nunc pro tunc Mar. 31, 1999 (Ill. App. Ct. 1999).
— 725 ILCS 5/112-4(e) — 1 case
Murry v. Am. Fed'n of State, Cnty., & Mun. Employees Nunc pro tunc Mar. 31, 1999 (Ill. App. Ct. 1999).
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