Sec. 104-12. Right to Jury.
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/il/chapter-725/act-5/104-12A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Sec. 104-12. Right to Jury.) The issue of the defendant's fitness may be determined in the first instance by the court or by a jury. The defense or the State may demand a jury or the court on its own motion may order a jury. However, when the issue is raised after trial has begun or after conviction but before sentencing, or when the issue is to be redetermined under Section 104-20 or 104-27, the issue shall be determined by the court.