{"data":{"id":"us-il/725-ilcs-5-104-12","jurisdiction":"us-il","citation":"725 ILCS 5/104-12","heading":"","body":"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.","path":["CHAPTER 725 CRIMINAL PROCEDURE","Code of Criminal Procedure of 1963."],"source_url":"https://www.ilga.gov/legislation/ILCS/details?ActID=1966\u0026ChapterID=54\u0026ChapAct=FullText\u0026Print=True","current_through":"at least Public Act 104-790","vintage":"","retrieved_at":"2026-09-15T04:46:42Z","sha256":"40e58dedd5cfd3887b8787e227ef32e8ff95fd10021caeb4ce96ca5f900e00ad","source_id":"us-il","stale":false,"prev":"us-il/725-ilcs-5-104-11","next":"us-il/725-ilcs-5-104-13"},"notice":"GroundRules: Original legal text. Not legal advice."}