ILCS » Chapter 725 · Act 5
Illinois Compiled Statutes

725 ILCS 5/114-13 (2026)

Discovery in criminal cases

✓ current as of May 2026
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(725 ILCS 5/114-13) (from Ch. 38, par. 114-13)
    Sec. 114-13. Discovery in criminal cases.
    (a) Discovery procedures in criminal cases shall be in accordance with Supreme Court Rules.
    (b) Any public investigative, law enforcement, or other public agency responsible for investigating any homicide offense or participating in an investigation of any homicide offense, other than defense investigators, shall provide to the authority prosecuting the offense all investigative material, including but not limited to reports, memoranda, and field notes, that have been generated by or have come into the possession of the investigating agency concerning the homicide offense being investigated. In addition, the investigating agency shall provide to the prosecuting authority any material or information, including but not limited to reports, memoranda, and field notes, within its possession or control that would tend to negate the guilt of the accused of the offense charged or reduce his or her punishment for the homicide offense. Every investigative and law enforcement agency in this State shall adopt policies to ensure compliance with these standards. Any investigative, law enforcement, or other public agency responsible for investigating any "non-homicide felony" offense or participating in an investigation of any "non-homicide felony" offense, other than defense investigators, shall provide to the authority prosecuting the offense all investigative material, including but not limited to reports and memoranda that have been generated by or have come into the possession of the investigating agency concerning the "non-homicide felony" offense being investigated. In addition, the investigating agency shall provide to the prosecuting authority any material or information, including but not limited to reports and memoranda, within its possession or control that would tend to negate the guilt of the accused of the "non-homicide felony" offense charged or reduce his or her punishment for the "non-homicide felony" offense. This obligation to furnish exculpatory evidence exists whether the information was recorded or documented in any form. Every investigative and law enforcement agency in this State shall adopt policies to ensure compliance with these standards.
(Source: P.A. 93-605, eff. 11-19-03.)

    
Notes of Decisions
Cited in 13 cases (7 in the last 5 years), 2011–2024 · leading case: People v. Carballido, 2015 IL App (2d) 140760 (Ill. App. Ct. 2016).
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People v. Carballido, 2015 IL App (2d) 140760 (Ill. App. Ct. 2016). · cites it 3× “725 ILCS 5/114-13(b) (West 2014); Ill. S.”
People v. Sandridge, 2020 IL App (1st) 173158 (Ill. App. Ct. 2020). “725 ILCS 5/114-13(b) (West 2016). On cross-examination, Detective Vargas’ answers as to why he destroyed his notes betrayed a cavalier and defensive attitude: “Q.”
People v. Carballido, 2011 IL App (2d) 90340 (Ill. App. Ct. 2011). “icide offense or participating in an investigation of any homicide offense, other than defense investigators, shall provide to the authority prosecuting the offense all investigative material, including but not limited to reports, memoranda, and field notes, that have been…”
People v. Carballido, 2015 IL App (2d) 140760 (Ill. App. Ct. 2015). · cites it 3× “725 ILCS 5/114-13(b) (West 2014); Ill. S.”
People v. Nere, 2017 IL App (2d) 141143 (Ill. App. Ct. 2017). “” Defendant based the instruction on section 114- 3(b) of the Code of Criminal Procedure of 1963 (725 ILCS 5/114-13(b) (West 2014)) and on Salzmann’s testimony that, sometime after the recorded interview of defendant, he inadvertently threw out Scott’s notes of the interview.”
People v. Nere, 2017 IL App (2d) 141143 (Ill. App. Ct. 2017). “” Defendant based the instruction on section 114-3(b) of the Code of Criminal Procedure of 1963 (725 ILCS 5/114-13(b) (West 2014)) and on Salzmann’s testimony that, sometime after the recorded interview of defendant, he inadvertently threw out Scott’s notes of the interview.”
People v. Sandridge, 2020 IL App (1st) 173158 (Ill. App. Ct. 2021). “725 ILCS 5/114-13(b) (West 2016). On cross- examination, Detective Vargas’s answers as to why he destroyed his notes betrayed a cavalier and defensive attitude: “Q.”
People v. Jenkins, 2022 IL App (1st) 192514-U (Ill. App. Ct. 2022). · cites it 2× “725 ILCS 5/114-13(a) (West 2012). In turn, Supreme Court Rule 412 provides that, on defense counsel’s motion, the State must disclose “any written or recorded statements and the substance of any oral statements made by the accused or by a codefendant, and a list of witnesses to…”
People v. Russell, 2023 IL App (1st) 200322-U (Ill. App. Ct. 2023). · cites it 2× “1-20-0322 2018) (titled “Motion to Produce Confession”); 725 ILCS 5/114-13 (West 2018) (titled “Discovery in criminal cases”).”
People v. White, 2024 IL App (4th) 220624-U (Ill. App. Ct. 2024). · cites it 2× “” 725 ILCS 5/114-13(b) (West 2016). As a remedy, the court permitted defendant to cross-examine the officers regarding the missing field notes at trial.”
People v. Waszak, 2021 IL App (2d) 180671-U (Ill. App. Ct. 2021). “725 ILCS 5/114-13(b) (West 2016). ¶ 68 We agree with defendant that there was a discovery violation.”
Reese v. City of Chicago, 2024 IL App (1st) 231038-U (Ill. App. Ct. 2024). “1-23-1038 their duties owed to him under section 114-13 of the Code of Criminal Procedure (Criminal Code) (725 ILCS 5/114-13 (West 2008)). Reese alleged that under the statute, Detectives Martin and Colvin were derelict in performing their investigative duties owed to him.”
Show all 13 citing cases →
— 725 ILCS 5/114-13(a) — 1 case
People v. Jenkins, 2022 IL App (1st) 192514-U (Ill. App. Ct. 2022). “725 ILCS 5/114-13(a) (West 2012). In turn, Supreme Court Rule 412 provides that, on defense counsel’s motion, the State must disclose “any written or recorded statements and the substance of any oral statements made by the accused or by a codefendant, and a list of witnesses to…”
— 725 ILCS 5/114-13(b) — 10 cases
People v. Carballido, 2015 IL App (2d) 140760 (Ill. App. Ct. 2016). “725 ILCS 5/114-13(b) (West 2014); Ill. S.”
People v. Sandridge, 2020 IL App (1st) 173158 (Ill. App. Ct. 2020). “725 ILCS 5/114-13(b) (West 2016). On cross-examination, Detective Vargas’ answers as to why he destroyed his notes betrayed a cavalier and defensive attitude: “Q.”
People v. Carballido, 2011 IL App (2d) 90340 (Ill. App. Ct. 2011). “icide offense or participating in an investigation of any homicide offense, other than defense investigators, shall provide to the authority prosecuting the offense all investigative material, including but not limited to reports, memoranda, and field notes, that have been…”
People v. Carballido, 2015 IL App (2d) 140760 (Ill. App. Ct. 2015). “725 ILCS 5/114-13(b) (West 2014); Ill. S.”
People v. Nere, 2017 IL App (2d) 141143 (Ill. App. Ct. 2017). “” Defendant based the instruction on section 114- 3(b) of the Code of Criminal Procedure of 1963 (725 ILCS 5/114-13(b) (West 2014)) and on Salzmann’s testimony that, sometime after the recorded interview of defendant, he inadvertently threw out Scott’s notes of the interview.”
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