ILCS » Chapter 730 · Act 5
Illinois Compiled Statutes

730 ILCS 5/5-1-13 (2026)

Intellectual disability

✓ current as of May 2026
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(730 ILCS 5/5-1-13) (from Ch. 38, par. 1005-1-13)
    Sec. 5-1-13. Intellectual disability. "Intellectual disability" means sub-average general intellectual functioning generally originating during the developmental period and associated with impairment in adaptive behavior reflected in delayed maturation or reduced learning ability or inadequate social adjustment.
(Source: P.A. 99-143, eff. 7-27-15.)

    
Notes of Decisions
Cited in 9 cases (4 in the last 5 years), 1993–2025 · leading case: People v. Heider, 896 N.E.2d 239 (Ill. 2008).
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People v. Heider, 896 N.E.2d 239 (Ill. 2008). · cites it 2× “" 730 ILCS 5/5-1-13 (West 2002). The parties agree that defendant falls within this definition.”
People v. Coty, 2018 IL App (1st) 162383 (Ill. App. Ct. 2018). “; see also 730 ILCS 5/5-1-13 (West 2014) (defining intellectual disability as "sub-average general intellectual functioning generally originating during the developmental period and associated with impairment in adaptive behavior reflected in delayed maturation or reduced…”
People v. Coty, 2018 IL App (1st) 162383 (Ill. App. Ct. 2018). “; see also 730 ILCS 5/5-1-13 (West 2014) (defining intellectual disability as “sub-average general intellectual functioning generally originating during the developmental period and associated with impairment in adaptive behavior reflected in delayed maturation or reduced…”
People v. Young, 619 N.E.2d 851 (Ill. App. Ct. 1993). “1005 — 1—13 (now 730 ILCS 5/ 5-1-13 (West 1992)). The trial court specifically stated that it considered the evidence of defendant’s “low functionality” but found that defendant was not mentally retarded.”
People v. Reyes, 2023 IL App (2d) 210423 (Ill. App. Ct. 2023). “The report noted that, despite Reyes’s ADHD and low GAI score, he did not meet the criteria for intellectual disability as defined by section 5-1-13 of the Code (730 ILCS 5/5-1-13 (West 2016)). ¶ 12 The 2017 PSI indicated that, before the charges in this case, Reyes’s juvenile…”
People v. Reyes, 2020 IL App (2d) 180237 (Ill. App. Ct. 2021). “The conclusion in the report was that the defendant did not meet the criteria for intellectual disability as defined by section 5-1-13 of the Unified Code of Corrections (730 ILCS 5/5-1-13 (West 2016)). ¶8 The record indicates that, while an initial PSI report was completed in…”
People v. Durst, 2019 IL App (4th) 170759-U (Ill. App. Ct. 2019). “In announcing its sentence, the circuit court noted it found defendant fell under the definition of intellectual disability as set forth in section 5-1-13 of the Unified Code of Corrections (Unified Code) (730 ILCS 5/5-1-13 (West 2016)) The court found defendant’s intellectual…”
People v. Luna, 2024 IL App (4th) 240478-U (Ill. App. Ct. 2024). “¶ 20 Granted, if “[t]he defendant was a person with an intellectual disability as defined in Section 5-1-13” (730 ILCS 5/5-1-13 (West 2018)), that factor “shall be accorded weight in favor of *** minimizing a sentence of imprisonment.”
People v. Reyes, 2025 IL App (2d) 210423-B (Ill. App. Ct. 2025). “The report noted that, despite defendant’s ADHD and low GAI score, he did not meet the criteria for intellectual disability as defined by section 5-1-13 of the Code (730 ILCS 5/5-1-13 (West 2016)). ¶ 12 The 2017 PSI indicated that, before the charges in this case, defendant’s…”
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