Illinois § 115-4.5 Death of defendant

Illinois Statutes

§ 115-4.5 — Death of defendant

Illinois § 115-4.5

JurisdictionIllinois

TopicRIGHTS AND REMEDIES

Ch. 725CRIMINAL PROCEDURE

Act 725 ILCS 5/Code of Criminal Procedure of 1963.

Art.Title VI - Proceedings At Trial

This text of Illinois § 115-4.5 (Death of defendant) is published on Counsel Stack Legal Research, covering Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

725 Ill. Comp. Stat. 115-4.5 (2026).

Text

Whenever the prosecuting attorney learns of the death of the defendant prior to the entry of a final and appealable judgment in a criminal case, he or she shall promptly notify the other party and file a certificate of notice of the defendant's death with the circuit court before which the case is pending. Upon filing of the certificate, the court shall enter an order abating the proceedings ab initio.

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Whenever the prosecuting attorney learns of the death of the defendant prior to the entry of a final and appealable judgment in a criminal case, he or she shall promptly notify the other party and file a certificate of notice of the defendant's death with the circuit court before which the case is pending. Upon filing of the certificate, the court shall enter an order abating the proceedings ab initio.