ILCS » Chapter 725 · Act 5
Illinois Compiled Statutes

725 ILCS 5/115-6 (2026)

Appointment of Psychiatrist or Clinical Psychologist

✓ current as of May 2026
Find cases: SyfertCases citing this section IL-ILGAilga.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
(725 ILCS 5/115-6) (from Ch. 38, par. 115-6)
    Sec. 115-6. Appointment of Psychiatrist or Clinical Psychologist. If the defendant has given notice that he may rely upon the defense of insanity as defined in Section 6-2 of the Criminal Code of 2012 or the defendant indicates that he intends to plead guilty but mentally ill or the defense of intoxicated or drugged condition as defined in Section 6-3 of the Criminal Code of 2012 or if the facts and circumstances of the case justify a reasonable belief that the aforesaid defenses may be raised, the Court shall, on motion of the State, order the defendant to submit to examination by at least one clinical psychologist or psychiatrist, to be named by the prosecuting attorney. The Court shall also order the defendant to submit to an examination by one neurologist, one clinical psychologist and one electroencephalographer to be named by the prosecuting attorney if the State asks for one or more of such additional examinations. The Court may order additional examinations if the Court finds that additional examinations by additional experts will be of substantial value in the determination of issues of insanity or drugged conditions. The reports of such experts shall be made available to the defense. Any statements made by defendant to such experts shall not be admissible against the defendant unless he raises the defense of insanity or the defense of drugged condition, in which case they shall be admissible only on the issue of whether he was insane or drugged. The refusal of the defendant to cooperate in such examinations shall not automatically preclude the raising of the aforesaid defenses but shall preclude the defendant from offering expert evidence or testimony tending to support such defenses if the expert evidence or testimony is based upon the expert's examination of the defendant. If the Court, after a hearing, determines to its satisfaction that the defendant's refusal to cooperate was unreasonable it may, in its sound discretion, bar any or all evidence upon the defense asserted.
(Source: P.A. 97-1150, eff. 1-25-13.)

    
Notes of Decisions
Cited in 13 cases (5 in the last 5 years), 2001–2026 · leading case: People v. Runge, 917 N.E.2d 940 (Ill. 2009).
Sort: Relevance Newest Treatment
People v. Runge, 917 N.E.2d 940 (Ill. 2009). · cites it 3× “Defendant argues that the sanction of allowing depositions is not authorized by section 115-6 of the Code of Criminal Procedure *979 of 1963 (725 ILCS 5/115-6 (West 2006))—though depositions are allowed in capital cases pursuant to Supreme Court Rule 416(e) (188 Ill.”
People v. Taylor, 2023 IL 128316 (Ill. 2023). “¶ 41 Defendant also claims the appellate court erred in relying on section 115-6 of the Code of Criminal Procedure of 1963 (725 ILCS 5/115-6 (West 2016)) to affirm the denial of defendant’s motion for the appointment of a second expert.”
People v. Comier, 2020 IL App (1st) 170500 (Ill. App. Ct. 2020). · cites it 4× “¶ 53 Defendant argues that, under section 115-6 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-6 (West 2010)), the trial court did not have the right to order defendant to submit to a mental examination by the State and that doing so violated his fifth…”
People v. Lee, 752 N.E.2d 1017 (Ill. 2001). · cites it 3× “The State argued that it had the right to have defendant examined by its own psychiatrist or psychologist, pursuant to section *1021 115-6 of the Code of Criminal Procedure of 1963 (725 ILCS 5/115-6 (West 1996)). At a hearing on October 30, 1997, defendant stated that he would…”
People v. Taylor, 2022 IL App (3d) 190281 (Ill. App. Ct. 2022). “Under section 115-6 of the Code of Criminal Procedure of 1963 (725 ILCS 5/115-6 (West 2020)), if a defendant indicates that he or she may rely on the defense of insanity or plead guilty but mentally ill, “the Court shall *** order the defendant to submit to examination by at…”
People v. Ressa, 2019 IL App (2d) 170439 (Ill. App. Ct. 2019). “¶ 23 The State filed a motion for a psychological evaluation of defendant in anticipation of a possible insanity defense, pursuant to section 115-6 of the Code of Criminal Procedure of 1963 (Code) ( 725 ILCS 5/115-6 (West 2014) ). Section 115-6 provides for a court-ordered…”
People v. Ressa, 2019 IL App (2d) 170439 (Ill. App. Ct. 2019). “¶ 23 The State filed a motion for a psychological evaluation of defendant in anticipation of a possible insanity defense, pursuant to section 115-6 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-6 (West 2014)). Section 115-6 provides for a court-ordered…”
People v. Sedlacek, 2013 IL App (5th) 120106 (Ill. App. Ct. 2013). “We recognize, as previously noted, that the State is entitled to have an expert of its choice examine a defendant who has given notice that he may assert the defense of insanity (see 725 ILCS 5/115-6 (West 2008)), but “fitness and insanity raise different inquiries” (People v.”
People v. Comier, 2020 IL App (1st) 170500 (Ill. App. Ct. 2020). · cites it 2× “¶ 53 Defendant argues that, under section 115-6 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-6 (West 2010)), the trial court did not have the right to order defendant to submit to a mental examination by the State and that doing so violated his fifth…”
People v. Andrews, 2026 IL App (5th) 250290 (Ill. App. Ct. 2026). · cites it 3× “The State argued that section 115-6 of the Code of Criminal Procedure of 1963 (725 ILCS 5/115-6 (West 2020)), titled “Appointment of Psychiatrist or Clinical Psychologist,” applied to the situation, as it allowed a court to order a defendant to submit to an examination by a…”
People v. Jordan, 2024 IL App (4th) 230740-U (Ill. App. Ct. 2024). · cites it 2× “The State argues that the defendant must make this showing by formally notifying the State that he intends to pursue the affirmative defense of insanity pursuant to section 115-6 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115-6 (West 2020)) and Illinois Supreme…”
People v. Williams, 2020 IL App (1st) 181471-U (Ill. App. Ct. 2020). “The defendant did not object and after an evaluation, a doctor concluded that the defendant “ ‘does not present with symptoms of a psychiatric disorder that would have impaired his ability to lack substantial capacity to appreciate the criminality of his conduct.”
Show all 13 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.