Illinois Compiled Statutes
725 ILCS 5/115-16 (2026)
Witness disqualification
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(725 ILCS 5/115-16)
Sec. 115-16. Witness disqualification. No person shall
be disqualified as a witness in a
criminal case or proceeding by reason of his or her interest in the event of
the case or proceeding, as a party or otherwise, or by reason of
his or her having been convicted of a crime; but the
interest or conviction may be shown for the purpose of affecting the
credibility of the witness. A defendant in
a criminal case or proceeding shall only at his or her own request
be deemed a competent witness, and the person's neglect to testify shall not
create a presumption against the person, nor shall the court permit
a reference or comment to be made to or upon that
neglect.
In criminal cases, husband and wife may testify for or against each
other. Neither, however, may testify as to any
communication or admission
made by either of them to the other or as to any conversation between them
during marriage, except in cases in which either is charged with
an offense against the person or property of the other, in case of
spouse abandonment, when the interests of their child or
children or of any child or children in either spouse's care, custody, or
control are directly involved, when either is charged with or under investigation for an offense under Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13,
12-14, 12-14.1, 12-15, or 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012 and the victim is a minor under 18 years of age in
either spouse's care, custody, or control at the time of the offense, or
as to matters in which either has acted as agent of the other.
(Source: P.A. 96-1242, eff. 7-23-10; 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
Notes of Decisions
Cited in 31
cases (4 in the last 5 years), 1996–2025 · leading case: People v. Naylor, 893 N.E.2d 653 (Ill. 2008).
People v. Naylor, 893 N.E.2d 653 (Ill. 2008). “Laws 183 )), and in criminal cases by section 115-16 of the Code of Criminal Procedure of 1963 (725 ILCS 5/115-16 (West 2006) (originally enacted at Ill.”
People v. Gliniewicz, 2018 IL App (2d) 170490 (Ill. App. Ct. 2018). “3d 141 , and section 115-16 of the Code of Criminal Procedure of 1963 (Code) ( 725 ILCS 5/115-16 (West 2016) (witness disqualification) ) *32 *652 for the propositions that the marital-communication privilege has a long common-law history and was recognized to "promote marital…”
People v. Bannister, 902 N.E.2d 571 (Ill. 2008). “2d 658 *594 (1989) (collecting cases); 725 ILCS 5/115-16 (West 2006) (prohibiting comment on criminal defendant's failure to testify).”
People v. Carr-McKnight, 2020 IL App (1st) 163245 (Ill. App. Ct. 2020). “¶ 87 Section 115-16 of the Code of Criminal Procedure of 1963 (725 ILCS 5/115-16 (West 2010)) contains Illinois’s marital privilege law.”
People v. Lindsey, 771 N.E.2d 399 (Ill. 2002). “See 725 ILCS 5/115-16 (West 2000) (in a criminal case or proceeding, a defendant's "neglect to testify shall not create a presumption against [him]").”
People v. Trzeciak, 2013 IL 114491 (Ill. 2014). “The appellate court, with one justice dissenting, reversed defendant’s conviction, holding that a threat made by defendant to his wife, Laura Nilsen, that he would kill her and Kasavich, was inadmissable under Illinois’ marital privilege, section 115-16 of the Code of Criminal…”
People v. Miller, 771 N.E.2d 386 (Ill. 2002). “See 725 ILCS 5/115-16 (West 2000) (in a criminal case or proceeding, a defendant's "neglect to testify shall not create a presumption against [him]").”
People v. Swank, 800 N.E.2d 864 (Ill. App. Ct. 2003). “"A defendant in a criminal case or proceeding shall only at his or her own request be deemed a competent witness, and the person's neglect to testify shall not create a presumption against the person, nor shall the court permit a reference or comment to be made to or upon that…”
People v. Trzeciak, 2013 IL 114491 (Ill. 2014). “The appellate court, with one justice dissenting, reversed defendant’s conviction, holding that a threat made by defendant to his wife, Laura Nilsen, that he would kill her and Kasavich, was inadmissable under Illinois’ marital privilege, section 115-16 of the Code of Criminal…”
People v. Garner, 2016 IL App (1st) 141583 (Ill. App. Ct. 2016). “” 725 ILCS 5/115-16 (West 2014). ¶ 39 As noted above, the trial court denied defendant’s motion in limine on the basis that the conversations at issue fell within the statutory exception applicable “when the interests of their child or children or of any child or children in…”
People v. Gliniewicz, 2020 IL App (2d) 190412 (Ill. App. Ct. 2020). “The State also repeated its argument that the admissibility of the communications should be considered under the marital privilege and not under section 115-16 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-16 (West 2016)), which generally bars spouses from…”
People v. Garner, 2016 IL App (1st) 141583 (Ill. App. Ct. 2016). “” 725 ILCS 5/115-16 (West 2014). ¶ 38 As noted above, the trial court denied defendant’s motion in limine on the basis that the conversations at issue fell within the statutory exception applicable “when the interests of their child or children or of any child or children in…”
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