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Illinois Compiled Statutes

725 ILCS 5/115-10.1 (2026)

Admissibility of Prior Inconsistent Statements

✓ current as of May 2026
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(725 ILCS 5/115-10.1) (from Ch. 38, par. 115-10.1)
    Sec. 115-10.1. Admissibility of Prior Inconsistent Statements. In all criminal cases, evidence of a statement made by a witness is not made inadmissible by the hearsay rule if
    (a) the statement is inconsistent with his testimony at the hearing or trial, and
    (b) the witness is subject to cross-examination concerning the statement, and
    (c) the statement--
    (1) was made under oath at a trial, hearing, or other proceeding, or
    (2) narrates, describes, or explains an event or condition of which the witness had personal knowledge, and
    (A) the statement is proved to have been written or signed by the witness, or
    (B) the witness acknowledged under oath the making of the statement either in his testimony at the hearing or trial in which the admission into evidence of the prior statement is being sought, or at a trial, hearing, or other proceeding, or
    (C) the statement is proved to have been accurately recorded by a tape recorder, videotape recording, or any other similar electronic means of sound recording.
    Nothing in this Section shall render a prior inconsistent statement inadmissible for purposes of impeachment because such statement was not recorded or otherwise fails to meet the criteria set forth herein.
(Source: P.A. 83-1042.)

    
Notes of Decisions
Cited in 260 cases (83 in the last 5 years), 1993–2026 · leading case: People v. Guerrero, 2021 IL App (2d) 190364 (Ill. App. Ct. 2021).
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People v. Guerrero, 2021 IL App (2d) 190364 (Ill. App. Ct. 2021). · cites it 6× “1 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-10.1 (West 2018)), a witness’s prior inconsistent statement.”
People v. Grayson, 747 N.E.2d 460 (Ill. App. Ct. 2001). · cites it 6× “1 of the Code (725 ILCS 5/115-10.1 (West 1998)), a tape recording of the victim's 911 call and a witness' written statement to the police, and (b) ordering him to pay $200 for his court-appointed attorney.”
People v. Craig, 778 N.E.2d 192 (Ill. App. Ct. 2002). · cites it 5× “1 of the Code of Criminal Procedure of 1963 (725 ILCS 5/115-10.1 (West 1998)) as prior inconsistent statements.”
People v. Wilson, 2012 IL App (1st) 101038 (Ill. App. Ct. 2012). · cites it 5× “The State argued that all these prior statements were admissible under two statutes: the “regular prior inconsistent statement statute” (725 ILCS 5/115-10.1 (West 2008)) and the statute covering admissibility of prior statements when a witness refuses to testify despite a court…”
People v. McCarter, 954 N.E.2d 718 (Ill. App. Ct. 2011). · cites it 5× “725 ILCS 5/115-10.1 (West 2008). ¶ 11 Gerard Jimerson was also questioned by the police and testified on behalf of the State.”
People v. Melecio, 2017 IL App (1st) 141434 (Ill. App. Ct. 2017). · cites it 8× “1 of the Code of Criminal Procedure of 1963 (Code) ( 725 ILCS 5/115-10.1 (West 2008) ). Evidentiary rulings are generally within the sound discretion of the trial court and will not be reversed absent an abuse of that discretion.”
People v. Cook, 2018 IL App (1st) 142134 (Ill. App. Ct. 2018). · cites it 2× “¶ 39 Defendant argues that Johnson's prior statement that Kizer's cousins were having a "beef" with defendant was not admissible as substantive evidence because it was not inconsistent with Johnson's trial testimony and he did not have personal knowledge of the alleged "beef.”
People v. Sangster, 2014 IL App (1st) 113457 (Ill. App. Ct. 2014). · cites it 4× “1 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-10.1 (West 2010)). ¶ 11 The court, after noting that Horton’s handwritten statement might be inadmissible under section 115-10.”
People v. Bros., 2015 IL App (4th) 130644 (Ill. App. Ct. 2015). · cites it 5× “1 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-10.1 (West 2012)), A.W.'s hearsay statements to a detective; (2) the State presented improper opinion testimony from police officers regarding defendant's and A.”
People v. Simpson, 2015 IL 116512 (Ill. 2015). · cites it 2× “” 725 ILCS 5/115-10.1 (West 2010). ¶ 28 The State argues that the appellate court misconstrued the statute when it found that Franklin must have had personal knowledge of the event described in the statement, i.”
People v. Bowen, 699 N.E.2d 577 (Ill. 1998). · cites it 3× “Defendant argues that this section neither contemplates nor permits the introduction of corroborative statements in videotaped form because it does not expressly provide for such evidence.”
People v. Mays, 2023 IL App (4th) 210612 (Ill. App. Ct. 2023). · cites it 4× “1 of the Code of Criminal Procedure of 1963 (Criminal Procedure Code) (725 ILCS 5/115-10.1 (West 2020)) to admit the evidence; (3) defendant received ineffective assistance of counsel because his trial attorney failed to object to Cheonte Hinkle’s unsworn testimony and other…”
Show all 260 citing cases →
— 725 ILCS 5/115-10.1(B) — 2 cases
People v. Edwards, 722 N.E.2d 258 (Ill. App. Ct. 1999).
People v. Edwards (Ill. App. Ct. 1999).
— 725 ILCS 5/115-10.1(a) — 20 cases
People v. Grayson, 747 N.E.2d 460 (Ill. App. Ct. 2001). “1 of the Code (725 ILCS 5/115-10.1 (West 1998)), a tape recording of the victim's 911 call and a witness' written statement to the police, and (b) ordering him to pay $200 for his court-appointed attorney.”
People v. Bros., 2015 IL App (4th) 130644 (Ill. App. Ct. 2015). “1 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-10.1 (West 2012)), A.W.'s hearsay statements to a detective; (2) the State presented improper opinion testimony from police officers regarding defendant's and A.”
People v. Mays, 2023 IL App (4th) 210612 (Ill. App. Ct. 2023). “1 of the Code of Criminal Procedure of 1963 (Criminal Procedure Code) (725 ILCS 5/115-10.1 (West 2020)) to admit the evidence; (3) defendant received ineffective assistance of counsel because his trial attorney failed to object to Cheonte Hinkle’s unsworn testimony and other…”
People v. Edwards, 722 N.E.2d 258 (Ill. App. Ct. 1999).
People v. Tatum, 2019 IL App (1st) 162403 (Ill. App. Ct. 2019).
— 725 ILCS 5/115-10.1(a)(b)(c)(2) — 2 cases
People v. Fontanez-Marrero, 2023 IL App (2d) 220128-U (Ill. App. Ct. 2023).
People v. Sarellana, 2024 IL App (2d) 230146-U (Ill. App. Ct. 2024).
— 725 ILCS 5/115-10.1(b) — 12 cases
People v. Cook, 2018 IL App (1st) 142134 (Ill. App. Ct. 2018). “¶ 39 Defendant argues that Johnson's prior statement that Kizer's cousins were having a "beef" with defendant was not admissible as substantive evidence because it was not inconsistent with Johnson's trial testimony and he did not have personal knowledge of the alleged "beef.”
People v. Murphy, 2019 IL App (4th) 170646 (Ill. App. Ct. 2019).
People v. French, 2017 IL App (1st) 141815 (Ill. App. Ct. 2017).
People v. Deramus, 2014 IL App (1st) 130995 (Ill. App. Ct. 2014).
People v. Velazquez, 2025 IL App (1st) 230449 (Ill. App. Ct. 2025).
— 725 ILCS 5/115-10.1(c) — 11 cases
People v. Lofton, 2015 IL App (2d) 130135 (Ill. App. Ct. 2016).
People v. Donegan, 2012 IL App (1st) 102325 (Ill. App. Ct. 2012).
People v. Sangster, 2014 IL App (1st) 113457 (Ill. App. Ct. 2014). “1 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-10.1 (West 2010)). ¶ 11 The court, after noting that Horton’s handwritten statement might be inadmissible under section 115-10.”
People v. Mays, 2023 IL App (4th) 210612 (Ill. App. Ct. 2023). “1 of the Code of Criminal Procedure of 1963 (Criminal Procedure Code) (725 ILCS 5/115-10.1 (West 2020)) to admit the evidence; (3) defendant received ineffective assistance of counsel because his trial attorney failed to object to Cheonte Hinkle’s unsworn testimony and other…”
People v. James, 2017 IL App (1st) 143391 (Ill. App. Ct. 2017).
— 725 ILCS 5/115-10.1(c)(1) — 7 cases
People v. Wilson, 2012 IL App (1st) 101038 (Ill. App. Ct. 2012). “The State argued that all these prior statements were admissible under two statutes: the “regular prior inconsistent statement statute” (725 ILCS 5/115-10.1 (West 2008)) and the statute covering admissibility of prior statements when a witness refuses to testify despite a court…”
People v. Adamson, 2020 IL App (4th) 180631-U (Ill. App. Ct. 2020).
People v. Young, 2021 IL App (1st) 181962-U (Ill. App. Ct. 2021).
People v. Wilson, 966 N.E.2d 1215 (Ill. App. Ct. 2012).
People v. Lee, 2021 IL App (1st) 171715-U (Ill. App. Ct. 2021).
— 725 ILCS 5/115-10.1(c)(2) — 21 cases
People v. Guerrero, 2021 IL App (2d) 190364 (Ill. App. Ct. 2021). “1 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-10.1 (West 2018)), a witness’s prior inconsistent statement.”
People v. Simpson, 2015 IL 116512 (Ill. 2015). “” 725 ILCS 5/115-10.1 (West 2010). ¶ 28 The State argues that the appellate court misconstrued the statute when it found that Franklin must have had personal knowledge of the event described in the statement, i.”
People v. Melecio, 2017 IL App (1st) 141434 (Ill. App. Ct. 2017). “1 of the Code of Criminal Procedure of 1963 (Code) ( 725 ILCS 5/115-10.1 (West 2008) ). Evidentiary rulings are generally within the sound discretion of the trial court and will not be reversed absent an abuse of that discretion.”
People v. McCarter, 954 N.E.2d 718 (Ill. App. Ct. 2011). “725 ILCS 5/115-10.1 (West 2008). ¶ 11 Gerard Jimerson was also questioned by the police and testified on behalf of the State.”
People v. Bros., 2015 IL App (4th) 130644 (Ill. App. Ct. 2015). “1 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-10.1 (West 2012)), A.W.'s hearsay statements to a detective; (2) the State presented improper opinion testimony from police officers regarding defendant's and A.”
— 725 ILCS 5/115-10.1(c)(2)(A) — 5 cases
People v. Melecio, 2017 IL App (1st) 141434 (Ill. App. Ct. 2017). “1 of the Code of Criminal Procedure of 1963 (Code) ( 725 ILCS 5/115-10.1 (West 2008) ). Evidentiary rulings are generally within the sound discretion of the trial court and will not be reversed absent an abuse of that discretion.”
People v. Melecio, 2017 IL App (1st) 141434 (Ill. App. Ct. 2018).
People v. Aaron, 2026 IL App (1st) 240126 (Ill. App. Ct. 2026).
People v. Weems, 2023 IL App (3d) 220014-U (Ill. App. Ct. 2023).
People v. Wilson (Ill. App. Ct. 1998).
— 725 ILCS 5/115-10.1(c)(2)(B) — 7 cases
People v. Grayson, 747 N.E.2d 460 (Ill. App. Ct. 2001). “1 of the Code (725 ILCS 5/115-10.1 (West 1998)), a tape recording of the victim's 911 call and a witness' written statement to the police, and (b) ordering him to pay $200 for his court-appointed attorney.”
People v. Gladney, 2020 IL App (3d) 180087 (Ill. App. Ct. 2020).
People v. Weems, 2023 IL App (3d) 220014-U (Ill. App. Ct. 2023).
People v. Gayden, 2020 IL App (1st) 162636-U (Ill. App. Ct. 2020).
People v. Wheeler, 2021 IL App (4th) 190079-U (Ill. App. Ct. 2021).
— 725 ILCS 5/115-10.1(c)(2)(C) — 8 cases
People v. Vannote, 2012 IL App (4th) 100798 (Ill. App. Ct. 2012).
People v. Campbell, 773 N.E.2d 776 (Ill. App. Ct. 2002).
People v. Bros., 2015 IL App (4th) 130644 (Ill. App. Ct. 2015). “1 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-10.1 (West 2012)), A.W.'s hearsay statements to a detective; (2) the State presented improper opinion testimony from police officers regarding defendant's and A.”
People v. VANNOTE, 970 N.E.2d 72 (Ill. App. Ct. 2012).
People v. Freeman, 2021 IL App (4th) 190619-U (Ill. App. Ct. 2021).
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