ILCS » Chapter 725 · Act 5
Illinois Compiled Statutes

725 ILCS 5/113-4 (2026)

Plea

✓ current as of May 2026
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(725 ILCS 5/113-4) (from Ch. 38, par. 113-4)
    Sec. 113-4. Plea.
    (a) When called upon to plead at arraignment the defendant shall be furnished with a copy of the charge and shall plead guilty, guilty but mentally ill, or not guilty.
    (b) If the defendant stands mute a plea of not guilty shall be entered for him and the trial shall proceed on such plea.
    (c) If the defendant pleads guilty such plea shall not be accepted until the court shall have fully explained to the defendant the following:
        (1) the maximum and minimum penalty provided by law
    
for the offense which may be imposed by the court;
        (2) as a consequence of a conviction or a plea of
    
guilty, the sentence for any future conviction may be increased or there may be a higher possibility of the imposition of consecutive sentences;
        (3) as a consequence of a conviction or a plea of
    
guilty, there may be registration requirements that restrict where the defendant may work, live, or be present; and
        (4) as a consequence of a conviction or a plea of
    
guilty, there may be an impact upon the defendant's ability to, among others:
            (A) retain or obtain housing in the public or
        
private market;
            (B) retain or obtain employment; and
            (C) retain or obtain a firearm, an occupational
        
license, or a driver's license.
    After such explanation if the defendant understandingly persists in his plea it shall be accepted by the court and recorded.
    (d) If the defendant pleads guilty but mentally ill, the court shall not accept such a plea until the defendant has undergone examination by a clinical psychologist or psychiatrist and the judge has examined the psychiatric or psychological report or reports, held a hearing on the issue of the defendant's mental condition and is satisfied that there is a factual basis that the defendant was mentally ill at the time of the offense to which the plea is entered.
    (e) If a defendant pleads not guilty, the court shall advise him at that time or at any later court date on which he is present that if he escapes from custody or is released on bond and fails to appear in court when required by the court that his failure to appear would constitute a waiver of his right to confront the witnesses against him and trial could proceed in his absence.
(Source: P.A. 99-871, eff. 1-1-17.)

    
Notes of Decisions
Cited in 45 cases (16 in the last 5 years), 1994–2026 · leading case: People v. Burge, 2021 IL 125642 (Ill. 2021).
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People v. Burge, 2021 IL 125642 (Ill. 2021). · cites it 7× “1, 2017) (amending 725 ILCS 5/113-4). One such admonishment, subsection (c)(4)(B), which is at issue here, informs the defendant that “as a consequence of a conviction or a plea of guilty, there may be an impact upon the defendant’s ability to *** retain or obtain employment.”
People v. Eppinger, 2013 IL 114121 (Ill. 2013). · cites it 3× “1(a) is the second part of a larger statutory scheme, the first part of which is found in section 113- 4(e) of the Code (725 ILCS 5/113-4(e) (West 2010)). Section 113-4(e) provides: “If a defendant pleads not guilty, the court shall advise him at that time or at any later court…”
People v. Phillips, 950 N.E.2d 1126 (Ill. 2011). · cites it 4× “Subsection (b) addresses the consequences of when a defendant stands mute when called upon to plead while subsection (d) specifies the requirements for when a defendant pleads guilty but mentally ill. 725 ILCS 5/113-4(b), (d) (West 2000).”
People v. Casas, 2017 IL 120797 (Ill. 2017). · cites it 2× “) 725 ILCS 5/113-4(e) (West 1998). Thus, the legislature has recognized that escape and violation of bail bond should be treated similarly and has enacted procedures applicable to these offenses.”
People v. Dominguez, 2012 IL 111336 (Ill. 2012). “2d at 196 (quoting 725 ILCS 5/113-4(e) (West 2000)). The court found “that section 113-4(e) unambiguously require[d] the trial court to admonish a defendant in open court and reject[ed] the State’s claim that defendant waived his right to be admonished by a trial judge based…”
People v. Montes, 2013 IL App (2d) 111132 (Ill. App. Ct. 2013). · cites it 2× “Defense counsel noted that the admonishment stated only that a “hearing” could be conducted in defendant’s absence and not, per section 113-4(e) of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/113-4(e) (West 2004)), that a “trial” could proceed in defendant’s…”
People v. Young, 2019 IL App (3d) 160528 (Ill. App. Ct. 2019). · cites it 3× “1, 2017) (amending 725 ILCS 5/113-4 ). The new version of the statute requires that the court, before accepting a guilty plea, admonish defendant that "as a consequence of a conviction or a plea of guilty, there may be an impact upon the defendant's ability to, among others: (A)…”
People v. Lane, 951 N.E.2d 1279 (Ill. App. Ct. 2011). · cites it 3× “" The order also indicates that defendant was advised "as to trial in absentia pursuant to 725 ILCS 5/113-4(e)." The order does not indicate that defendant entered a plea at that time.”
People v. Williams, 2019 IL App (3d) 160412 (Ill. App. Ct. 2019). · cites it 3× “Admonishments ¶ 39 Last, defendant asks this court to find that the recent amendment to section 113-4 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/113-4 (West 2016)) should be applied retroactively to his guilty plea proceeding.”
People v. Lane, 935 N.E.2d 578 (Ill. App. Ct. 2010). · cites it 3× “" The order also indicates that defendant was advised "as to trial in absentia pursuant to 725 ILCS 5/113-4(e)." The order does not indicate that defendant entered a plea at that time.”
People v. Phillips, 864 N.E.2d 823 (Ill. App. Ct. 2007). “Sentencing Hearing Defendant contends the trial court erred in sentencing him in absentia after failing to admonish him of that possibility.”
People v. Liss, 2012 IL App (2d) 101191 (Ill. App. Ct. 2012). · cites it 2× “Nonetheless, a defendant in Illinois has a statutory right under section 113-4(e) of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/113-4(e) (West 2008)) to be admonished as to the possible consequences of failing to appear in court when required.”
Show all 45 citing cases →
— 725 ILCS 5/113-4(a) — 3 cases
People v. Burge, 2021 IL 125642 (Ill. 2021). “1, 2017) (amending 725 ILCS 5/113-4). One such admonishment, subsection (c)(4)(B), which is at issue here, informs the defendant that “as a consequence of a conviction or a plea of guilty, there may be an impact upon the defendant’s ability to *** retain or obtain employment.”
People v. Phillips, 950 N.E.2d 1126 (Ill. 2011). “Subsection (b) addresses the consequences of when a defendant stands mute when called upon to plead while subsection (d) specifies the requirements for when a defendant pleads guilty but mentally ill. 725 ILCS 5/113-4(b), (d) (West 2000).”
People v. Church (Ill. App. Ct. 2002).
— 725 ILCS 5/113-4(b) — 1 case
People v. Phillips, 950 N.E.2d 1126 (Ill. 2011). “Subsection (b) addresses the consequences of when a defendant stands mute when called upon to plead while subsection (d) specifies the requirements for when a defendant pleads guilty but mentally ill. 725 ILCS 5/113-4(b), (d) (West 2000).”
— 725 ILCS 5/113-4(c) — 15 cases
People v. Burge, 2021 IL 125642 (Ill. 2021). “1, 2017) (amending 725 ILCS 5/113-4). One such admonishment, subsection (c)(4)(B), which is at issue here, informs the defendant that “as a consequence of a conviction or a plea of guilty, there may be an impact upon the defendant’s ability to *** retain or obtain employment.”
People v. Young, 2019 IL App (3d) 160528 (Ill. App. Ct. 2019). “1, 2017) (amending 725 ILCS 5/113-4 ). The new version of the statute requires that the court, before accepting a guilty plea, admonish defendant that "as a consequence of a conviction or a plea of guilty, there may be an impact upon the defendant's ability to, among others: (A)…”
People v. Williams, 2019 IL App (3d) 160412 (Ill. App. Ct. 2019). “Admonishments ¶ 39 Last, defendant asks this court to find that the recent amendment to section 113-4 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/113-4 (West 2016)) should be applied retroactively to his guilty plea proceeding.”
People v. Burge, 2019 IL App (4th) 170399 (Ill. App. Ct. 2019).
People v. Young, 2019 IL App (3d) 160528 (Ill. App. Ct. 2019).
— 725 ILCS 5/113-4(c)(4)(A) — 1 case
People v. Young, 2019 IL App (3d) 160528 (Ill. App. Ct. 2019). “1, 2017) (amending 725 ILCS 5/113-4 ). The new version of the statute requires that the court, before accepting a guilty plea, admonish defendant that "as a consequence of a conviction or a plea of guilty, there may be an impact upon the defendant's ability to, among others: (A)…”
— 725 ILCS 5/113-4(c)(4)(B) — 3 cases
People v. Burge, 2021 IL 125642 (Ill. 2021). “1, 2017) (amending 725 ILCS 5/113-4). One such admonishment, subsection (c)(4)(B), which is at issue here, informs the defendant that “as a consequence of a conviction or a plea of guilty, there may be an impact upon the defendant’s ability to *** retain or obtain employment.”
People v. Stefanski, 2019 IL App (3d) 160140 (Ill. App. Ct. 2019).
People v. Stefanski, 2019 IL App (3d) 160140 (Ill. App. Ct. 2019).
— 725 ILCS 5/113-4(d) — 3 cases
People v. Davison, 686 N.E.2d 1231 (Ill. App. Ct. 1997).
People v. Gowin, 2025 IL App (4th) 241285-U (Ill. App. Ct. 2025).
People v. Davison (Ill. App. Ct. 1997).
— 725 ILCS 5/113-4(e) — 27 cases
People v. Eppinger, 2013 IL 114121 (Ill. 2013). “1(a) is the second part of a larger statutory scheme, the first part of which is found in section 113- 4(e) of the Code (725 ILCS 5/113-4(e) (West 2010)). Section 113-4(e) provides: “If a defendant pleads not guilty, the court shall advise him at that time or at any later court…”
People v. Casas, 2017 IL 120797 (Ill. 2017). “) 725 ILCS 5/113-4(e) (West 1998). Thus, the legislature has recognized that escape and violation of bail bond should be treated similarly and has enacted procedures applicable to these offenses.”
People v. Phillips, 950 N.E.2d 1126 (Ill. 2011). “Subsection (b) addresses the consequences of when a defendant stands mute when called upon to plead while subsection (d) specifies the requirements for when a defendant pleads guilty but mentally ill. 725 ILCS 5/113-4(b), (d) (West 2000).”
People v. Burge, 2021 IL 125642 (Ill. 2021). “1, 2017) (amending 725 ILCS 5/113-4). One such admonishment, subsection (c)(4)(B), which is at issue here, informs the defendant that “as a consequence of a conviction or a plea of guilty, there may be an impact upon the defendant’s ability to *** retain or obtain employment.”
People v. Dominguez, 2012 IL 111336 (Ill. 2012). “2d at 196 (quoting 725 ILCS 5/113-4(e) (West 2000)). The court found “that section 113-4(e) unambiguously require[d] the trial court to admonish a defendant in open court and reject[ed] the State’s claim that defendant waived his right to be admonished by a trial judge based…”
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