Illinois Compiled Statutes
725 ILCS 5/124A-5 (2026)
Judgment for costs of prosecution
✓ current as of May 2026
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(725 ILCS 5/124A-5)
Sec. 124A-5. Judgment for costs of prosecution. (a) Except as otherwise provided in subsection (b), when a person is convicted
of an offense under a statute,
or at common law, the court shall enter judgment that the offender pay the
costs of the prosecution. The costs shall include reasonable costs
incurred by the Sheriff for serving arrest warrants, for picking up the
offender from a county other than the one in which he or she was convicted,
and for picking up the offender from a location outside the State
of Illinois pursuant either to his or her extradition or to his or her
waiver of extradition.
(b) During the first 180 days following a person's release from a penal institution, a court shall not order the person to pay any outstanding fines, taxes, or costs arising from a criminal proceeding involving the person. (Source: P.A. 103-254, eff. 1-1-24.)
Notes of Decisions
Cited in 14
cases, 2005–2020 · leading case: People v. Hunter, 831 N.E.2d 1192 (Ill. App. Ct. 2005).
People v. Hunter, 831 N.E.2d 1192 (Ill. App. Ct. 2005). “Section 124A-5 provides as follows: "When a person is convicted of an offense under a statute, or at common law, the court shall enter judgment that the offender pay the costs of prosecution. The costs shall include reasonable costs incurred by the [s]heriff for serving arrest…”
People v. Mares, 2018 IL App (2d) 150565 (Ill. App. Ct. 2018). “) 725 ILCS 5/124A-5 (West 2014). In this context, "judgment" clearly includes not only the adjudication of guilt and the sentence pronounced by the court, but the costs of the prosecution as well.”
People v. Williams, 920 N.E.2d 1060 (Ill. 2009). “The State draws support from section 124A-5 of the Code of Criminal Procedure of 1963 (725 ILCS 5/124A-5 (West 2008)), which provides in relevant part that "[w]hen a person is convicted of an offense under a statute, or at common law, the court shall enter judgment that the…”
People v. Jernigan, 2014 IL App (4th) 130524 (Ill. App. Ct. 2015). “725 ILCS 5/124A-5 (West 2008). If acquitted, the defendant incurs neither a fine nor a cost.”
People v. Long, 924 N.E.2d 511 (Ill. App. Ct. 2010). “In rejecting the argument the collection fee was a cost of prosecution under section 124A-5 of the Procedure Code (725 ILCS 5/124A-5 (West 2002)), we noted "the cost of collecting DNA is not a `cost of prosecution,' as it was incurred only after the prosecution and conviction…”
People v. Copeland, 2020 IL App (2d) 180423 (Ill. App. Ct. 2020). “” 725 ILCS 5/124A-5 (West 2018). The charge in favor of USPT and against the Kane County Sheriff’s Office plainly qualifies as a “cost of prosecution” under section 124A-5.”
People v. Johnson, 2015 IL App (3d) 140364 (Ill. App. Ct. 2016). “120313 Cost ◊39 Sheriff 725 ILCS 5/124A-5 Upon conviction for costs of serving arrest warrant and extradition from other state or county.”
People v. Johnson, 2015 IL App (3d) 140364 (Ill. App. Ct. 2015). “Sheriff 725 ILCS 5/124A-5 Upon conviction for costs of serving arrest warrant and extradition from other state or county.”
People v. Breeden, 2014 IL App (4th) 121049 (Ill. App. Ct. 2014). “In this context, the supreme court quoted section 124A-5 of the Code of Criminal Procedure of 1963 (725 ILCS 5/124A-5 (West 2012)), which provides: “When a person is convicted of an offense ***, the court shall enter judgment that the offender pay the costs of the prosecution.”
People v. Brown, 2017 IL App (3d) 140907 (Ill. App. Ct. 2017). “3c (West 2012)), $250 DNA database analysis fee (730 ILCS 5/5-4-3(j) (West 2012)), $104 in Sheriff’s Fees (55 ILCS 5/4-5001 (West 2012)), and 725 ILCS 5/124A-5 (West 2012) (extradition costs)).”
People v. Mares, 2018 IL App (2d) 150565 (Ill. App. Ct. 2018). “There is no statutory definition of “collateral judgment”; the dissent distorts “Judgment for costs of prosecution” (725 ILCS 5/124A-5 (West 2014)) into “collateral judgment” and precludes any other collateral issue from its purview, as if no other collateral issues can arise…”
People v. Breeden, 2014 IL App (4th) 121049 (Ill. App. Ct. 2014). “In this context, the supreme court quoted section 124A-5 of the Code of Criminal Procedure of 1963 (725 ILCS 5/124A-5 (West 2012)), which provides: "When a person is convicted of an offense ***, the court shall enter judgment that the offender pay the costs of the prosecution.”
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