Illinois Compiled Statutes
725 ILCS 5/115-2 (2026)
Pleas of Guilty and guilty but mentally ill
✓ current as of May 2026
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(725 ILCS 5/115-2)
(from Ch. 38, par. 115-2)
Sec. 115-2.
Pleas of Guilty and guilty but mentally ill.
(a) Before
or during trial a plea of guilty
may be accepted when:
(1) The defendant enters a plea of guilty in open court;
(2) The court has informed the defendant of the consequences of his plea
and of the maximum penalty provided by law which may be imposed upon
acceptance of such plea.
Upon acceptance of a plea of guilty the court shall determine
the factual basis for the plea.
(b) Before or during trial a plea of guilty but mentally ill may be
accepted by the court when:
(1) the defendant has undergone an examination by a clinical psychologist
or psychiatrist
and has waived his right to trial; and
(2) the judge has examined the psychiatric or psychological report or reports; and
(3) the judge has held a hearing, at which either party may present evidence,
on the issue of the defendant's mental health and, at the conclusion of
such hearing, 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.
(Source: P.A. 82-553.)
Notes of Decisions
Cited in 7
cases (3 in the last 5 years), 2007–2022 · leading case: People v. Burge, 2021 IL 125642 (Ill. 2021).
People v. Burge, 2021 IL 125642 (Ill. 2021). “¶ 31 Moreover, if we construed subsection (c) as defendant requests, we would render another section of the Code, section 115-2(a) (725 ILCS 5/115-2(a) (West 2016)), superfluous.”
People v. Urdiales, 871 N.E.2d 669 (Ill. 2007). “" 725 ILCS 5/115-2(b)(3) (West 2004). Defendant initially argues that the trial court erred when it rejected his plea of guilty but mentally ill and, in doing so, "decided that the legal standards for determining a factual basis for a traditional plea * * * were inapplicable to…”
People v. McIntosh, 2020 IL App (5th) 170068 (Ill. App. Ct. 2020). “See 725 ILCS 5/115-2(b) (West 2014). ¶9 For the offense of aggravated battery with a firearm against a peace officer, a Class X felony, the sentencing range was 15 to 60 years of imprisonment.”
People v. Wood, 2014 IL App (1st) 121408 (Ill. App. Ct. 2014). “To obtain a finding of GBMI, a defendant has only two options: a defendant may enter a plea of guilty but mentally ill, either before or during trial (725 ILCS 5/115-2(b) (West 2010)); or a defendant may raise the defense of insanity and, if he fails to establish insanity but…”
People v. Wood, 2014 IL App (1st) 121408 (Ill. App. Ct. 2014). “To obtain a finding of GBMI, a defendant has only two options: a defendant may enter a plea of guilty but mentally ill, either before or during trial (725 ILCS 5/115-2(b) (West 2010)); or a defendant may raise the defense of insanity and, if he fails to establish insanity but…”
People v. Horrell, 2022 IL App (3d) 200417-U (Ill. App. Ct. 2022). “725 ILCS 5/115-2(b) (West 2012). ¶ 25 The issue of whether defendant’s sentences are void has already been decided by this court.”
People v. Spencer, 2021 IL App (5th) 160537-U (Ill. App. Ct. 2021). “See 725 ILCS 5/115-2(b) (West 2014) (criteria for accepting a plea of guilty but mentally ill).”
— 725 ILCS 5/115-2(a) — 1 case
People v. Burge, 2021 IL 125642 (Ill. 2021). “¶ 31 Moreover, if we construed subsection (c) as defendant requests, we would render another section of the Code, section 115-2(a) (725 ILCS 5/115-2(a) (West 2016)), superfluous.”
— 725 ILCS 5/115-2(b) — 5 cases
People v. McIntosh, 2020 IL App (5th) 170068 (Ill. App. Ct. 2020). “See 725 ILCS 5/115-2(b) (West 2014). ¶9 For the offense of aggravated battery with a firearm against a peace officer, a Class X felony, the sentencing range was 15 to 60 years of imprisonment.”
People v. Wood, 2014 IL App (1st) 121408 (Ill. App. Ct. 2014). “To obtain a finding of GBMI, a defendant has only two options: a defendant may enter a plea of guilty but mentally ill, either before or during trial (725 ILCS 5/115-2(b) (West 2010)); or a defendant may raise the defense of insanity and, if he fails to establish insanity but…”
People v. Wood, 2014 IL App (1st) 121408 (Ill. App. Ct. 2014). “To obtain a finding of GBMI, a defendant has only two options: a defendant may enter a plea of guilty but mentally ill, either before or during trial (725 ILCS 5/115-2(b) (West 2010)); or a defendant may raise the defense of insanity and, if he fails to establish insanity but…”
People v. Horrell, 2022 IL App (3d) 200417-U (Ill. App. Ct. 2022). “725 ILCS 5/115-2(b) (West 2012). ¶ 25 The issue of whether defendant’s sentences are void has already been decided by this court.”
People v. Spencer, 2021 IL App (5th) 160537-U (Ill. App. Ct. 2021). “See 725 ILCS 5/115-2(b) (West 2014) (criteria for accepting a plea of guilty but mentally ill).”
— 725 ILCS 5/115-2(b)(3) — 1 case
People v. Urdiales, 871 N.E.2d 669 (Ill. 2007). “" 725 ILCS 5/115-2(b)(3) (West 2004). Defendant initially argues that the trial court erred when it rejected his plea of guilty but mentally ill and, in doing so, "decided that the legal standards for determining a factual basis for a traditional plea * * * were inapplicable to…”
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