Illinois Compiled Statutes
725 ILCS 5/113-1 (2026)
Procedure on arraignment
✓ current as of May 2026
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(725 ILCS 5/113-1)
(from Ch. 38, par. 113-1)
Sec. 113-1.
Procedure on arraignment.
Before any person is tried for the commission of an offense he shall be
called into open court, informed of the charge against him, and called upon
to plead thereto. If the defendant so requests the formal charge shall be
read to him before he is required to plead. An entry of the arraignment
shall be made of record.
(Source: Laws 1963, p. 2836.)
Notes of Decisions
Cited in 11
cases (3 in the last 5 years), 2002–2025 · leading case: People v. Lindsey, 772 N.E.2d 1268 (Ill. 2002).
People v. Lindsey, 772 N.E.2d 1268 (Ill. 2002). “) 725 ILCS 5/113-1 (West 1998). Similarly, section 103-6 of the Code of Criminal Procedure provides: "Every person accused of an offense shall have the right to a trial by jury unless (i) understandingly waived by defendant in open court * * *.”
Sornberger v. City Of Knoxville, 434 F.3d 1006 (7th Cir. 2006). “134-35; see generally 725 ILCS 5/113-1 (describing procedure at arraignment).”
In re P.S., 2021 IL App (5th) 210027 (Ill. App. Ct. 2021). “” See 725 ILCS 5/113-1 (West 2020) (statute on arraignment procedures provides that a criminal defendant shall “be called into open court, informed of the 3 By statute, the Act, the Child Care Act of 1969 (225 ILCS 10/1 et seq.”
People v. Garcia, 2017 IL App (1st) 133398 (Ill. App. Ct. 2017). “3d 856, 861 (2007) (any doubts arising from an incomplete record are construed against the defendant as the appellant); 725 ILCS 5/113-1 (West 2008); People v. Maust, 216 Ill.”
People v. Phillips, 950 N.E.2d 1126 (Ill. 2011). “" 725 ILCS 5/113-1 (West 2000). Arraignment presents an almost certain opportunity to have the defendant present before the court.”
People v. Allen, 815 N.E.2d 426 (Ill. App. Ct. 2004). “A defendant must plead to a "charge" (725 ILCS 5/113-1 (West 2002)), which is, by definition, "a written statement[,] presented to a court [,] accusing a person of the commission of an offense" (emphasis added) (725 ILCS 5/102-8 (West 2002)).”
People v. Schwedler, 2025 IL App (1st) 242157-U (Ill. App. Ct. 2025). “See 725 ILCS 5/113-1 (West (2022) (Arraignment is a procedure in which a defendant is “called into open court, informed of the charge against him, and called upon to plead thereto.”
People v. Guerrero, 953 N.E.2d 936 (Ill. App. Ct. 2011). “" 725 ILCS 5/113-1 (West 2006). Section 113-4 of the Code, which addresses pleas, requires the court to advise a defendant of the maximum penalty for the offense only if the defendant pleads guilty.”
People v. Schwedler, 2025 IL App (1st) 242157 (Ill. App. Ct. 2025). “See 725 ILCS 5/113-1 (West 2022) (arraignment is a procedure in which a defendant is “called into open court, informed of the charge against him, and called upon to plead thereto”).”
Sornberger, Scott v. City of Knoxville, 434 F.3d 1006 (7th Cir. 2006). “At a subsequent arraignment on charges stemming from the First Bank robbery, Teresa’s confession was once again admitted before she was called upon to plead guilty or not guilty.”
People v. Allen (Ill. App. Ct. 2004). “A defendant must plead to a "charge" (725 ILCS 5/113-1 (West 2002)), which is, by definition, "a written statement[,] presented to a court[,] accusing a person of the commission of an offense" (emphasis added) (725 ILCS 5/102-8 (West 2002)).”
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