Sec. 115-3. Trial by the Court.

240 words·~1 min read·/il/chapter-725/act-5/115-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A trial shall be conducted in the presence of the defendant unless he waives the right to be present.

(b)Upon conclusion of the trial the court shall enter a general finding, except that, when the affirmative defense of insanity has been presented during the trial and acquittal is based solely upon the defense of insanity, the court shall enter a finding of not guilty by reason of insanity. In the event of a finding of not guilty by reason of insanity, a hearing shall be held pursuant to the Mental Health and Developmental Disabilities Code to determine whether the defendant is subject to involuntary admission.

(c)When the defendant has asserted a defense of insanity, the court may find the defendant guilty but mentally ill if, after hearing all of the evidence, the court finds that:

(1)the State has proven beyond a reasonable doubt that the defendant is guilty of the

offense charged; and

(2)the defendant has failed to prove his insanity as required in subsection

(b)of

Section 3-2 of the Criminal Code of 2012 and subsections (a),

(b)and

(e)of Section 6-2 of the Criminal Code of 2012; and

(3)the defendant has proven by a preponderance of the evidence that he was mentally

ill, as defined in subsections

(c)and

(d)of Section 6-2 of the Criminal Code of 2012 at the time of the offense.