{"data":{"id":"us-il/725-ilcs-5-115-3","jurisdiction":"us-il","citation":"725 ILCS 5/115-3","heading":"Trial by the Court.","body":"(a) A trial shall be conducted in the presence of the defendant unless he waives the right to be present.\n(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.\n(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:\n(1) the State has proven beyond a reasonable doubt that the defendant is guilty of the offense charged; and\n(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\n(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.","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":"1fa22f090b634ff2d96b63690fe04dc1dc60f9d902263a55ce28c6b297cbfde0","source_id":"us-il","stale":false,"prev":"us-il/725-ilcs-5-115-2","next":"us-il/725-ilcs-5-115-4"},"notice":"GroundRules: Original legal text. Not legal advice."}