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Ill. S. Ct. R. 605

Advice to Defendant

activein force · 2026-01-01 – presentact-effective-date

(a) On Judgment and Sentence After Plea of Not Guilty.

(1) In all cases in which the defendant is found guilty and sentenced to imprisonment,

probation or conditional discharge, periodic imprisonment, or to pay a fine, or in which a

sentence of probation or conditional discharge has been revoked or the conditions attached to

such a sentence have been modified, excluding cases in which the judgment and sentence are

entered on a plea of guilty, the trial court shall, at the time of imposing sentence or modifying

the conditions of the sentence, advise the defendant of the right to appeal, of the right to request

that counsel or, if unrepresented, the clerk to prepare and file a notice of appeal, and of the

right, if indigent, to be furnished, without cost to the defendant, with a transcript of the

proceedings at the trial or hearing.

(2) In addition to the foregoing rights, in cases in which the defendant has been convicted

of a felony or a Class A misdemeanor or convicted of a lesser offense and sentenced to

imprisonment, periodic imprisonment, or to probation or conditional discharge conditioned

upon periodic imprisonment, or in which a sentence of probation or conditional discharge has

been revoked or the conditions attached to such a sentence have been modified and a sentence

or condition of imprisonment or periodic imprisonment im posed, the trial court shall advise

the defendant of the right to have counsel appointed on appeal.

(3) At the time of imposing sentence or modifying the conditions of the sentence, the trial

court shall also advise the defendant as follows:

A. that the right to appeal the judgment of conviction, excluding the sentence imposed

or modified, will be preserved only if a notice of appeal is filed in the trial court within

thirty (30) days from the date on which sentence is imposed;

B. that prior to taking an appeal, if the defendant seeks to challenge the correctness of

the sentence, or any aspect of the sentencing hearing, the defendant must file in the trial

court within 30 days of the date on which sentence is imposed a written motio n asking to

have the trial court reconsider the sentence imposed, or consider any challenges to the

sentencing hearing, setting forth in the motion all issues or claims of error regarding the

sentence imposed or the sentencing hearing;

C. that any issue or claim of error regarding the sentence imposed or any aspect of the

sentencing hearing not raised in the written motion shall be deemed waived; and

D. that in order to preserve the right to appeal following the disposition of the motion

to reconsider sentence, or any challenges regarding the sentencing hearing, the defendant

must file a notice of appeal in the trial court within 30 days from the entry of the order

disposing of the defendant’s motion to reconsider sentence or order disposing of any

challenges to the sentencing hearing.

(b) On Judgment and Sentence Entered on a Plea of Guilty. In all cases in which a

judgment is entered upon a plea of guilty, other than a negotiated plea of guilty, at the time of

imposing sentence, the trial court shall advise the defendant substantially as follows:

(1) that the defendant has a right to appeal;

(2) that prior to taking an appeal the defendant must file in the trial court, within 30 days

of the date on which sentence is imposed, a written motion asking to have the trial court

reconsider the sentence or to have the judgment vacated and for leave to withdraw the plea of

guilty, setting forth the grounds for the motion;

(3) that if the motion is allowed, the sentence will be modified or the plea of guilty,

sentence and judgment will be vacated and a trial date will be set on the charges to which the

plea of guilty was made;

(4) that upon the request of the State any charges that may have been dismissed as a part

of a plea agreement will be reinstated and will also be set for trial;

(5) that if the defendant is indigent, a copy of the transcript of the proceedings at the time

of the defendant’s plea of guilty and sentence will be provided without cost to the defendant

and counsel will be appointed to assist the defendant with the preparation of the motions; and

(6) that in any appeal taken from the judgment on the plea of guilty any issue or claim of

error not raised in the motion to reconsider the sentence or to vacate the judgment and to

withdraw the plea of guilty shall be deemed waived.

For the purposes of this rule, a negotiated plea is one in which the prosecution has bound itself

to recommend a specific sentence, or a specific range of sentence, or where the prosecution has

made concessions relating to the sentence to be imposed and n ot merely to the charge or charges

then pending.

(c) On Judgment and Sentence Entered on a Negotiated Plea of Guilty. In all cases in

which a judgment is entered upon a negotiated plea of guilty, at the time of imposing sentence, the

trial court shall advise the defendant substantially as follows:

(1) that the defendant has a right to appeal;

(2) that prior to taking an appeal the defendant must file in the trial court, within 30 days

of the date on which sentence is imposed, a written motion asking to have the judgment vacated

and for leave to withdraw the plea of guilty, setting forth the grounds for the motion;

(3) that if the motion is allowed, the plea of guilty, sentence and judgment will be vacated

and a trial date will be set on the charges to which the plea of guilty was made;

(4) that upon the request of the State any charges that may have been dismissed as a part

of a plea agreement will be reinstated and will also be set for trial;

(5) that if the defendant is indigent, a copy of the transcript of the proceedings at the time

of the defendant’s plea of guilty and sentence will be provided without cost to the defendant

and counsel will be appointed to assist the defendant with the preparation of the motions; and

(6) that in any appeal taken from the judgment on the plea of guilty any issue or claim of

error not raised in the motion to vacate the judgment and to withdraw the plea of guilty shall

be deemed waived.

For the purposes of this rule, a negotiated plea is one in which the prosecution has bound itself

to recommend a specific sentence, or a specific range of sentence, or where the prosecution has

made concessions relating to the sentence to be imposed and n ot merely to the charge or charges

then pending.

(d) On Entry of an Order Imposing Conditions of Pretrial Release, Granting a Petition

to Deny Pretrial Release, or Revoking Pretrial Release. In all cases in which an order is issued

imposing conditions of pretrial release, granting the State’s petition to deny pretrial release, or

revoking a defendant’s pretrial release under article 110 of the Code of Criminal Procedure of

1963:

(1) at the time of issuing the order, the circuit court shall advise the defendant substantially

as follows: that defendant has a right to file a motion for relief from the court’s order and also

that the court will revisit the order of detention or the condition of pretrial release at each

subsequent court appearance, regardless of whether a motion for relief is filed; and

(2) at the time of its ruling on the defendant’s motion for relief under Rule 604(h)(2), the

circuit court shall advise the defendant substantially as follows:

(A) that the defendant has a right to appeal at any time before conviction and, if

indigent, to be furnished, without cost to the defendant, with a transcript or audiovisual

communication or other electronic recording of the proceedings of the hearing;

(B) that the defendant, if indigent, has the right to have counsel appointed on appeal.

History

Amended June 22, 1967, effective June 23, 1967; amended June 26, 1970, effective September 1, 1970; amended effective July 1, 1971, September 1, 1974, and July 1, 1975; amended April 1, 1992, effective August 1, 1992; amended October 5, 2000, effective Nov ember 1, 2000; amended October 1, 2001, effective immediately; amended Dec. 23, 2022, eff. Sept. 18, 2023; amended Dec. 7, 2023, eff. immediately; amended Mar. 15, 2024, eff. Apr. 15, 2024; amended Sept. 24, 2025, eff. Jan. 1, 2026. Committee Comments (Revised July 1, 1975) This rule is derived from former Rule 27(6), as it existed before 1967, which in turn was derived from section 121-4(c) of the Code of Criminal Procedure. In 1967 the requirement that the stenographic transcript of the court’s advice to the defendant and the defendant’s answers be filed as a part of the common-law record was transferred to Rule 401, and the last sentence of the former rule was transferred to Rule 606(a). This rule was amended in June, 1970, to add the last sentence, which requires the trial court to advise the defendant of the time within which his notice of appeal must be filed in order to preserve his right to appeal. See Rule 651(b) for a comparable provision. The 1971 amendments remove the requirement that the court advise of their various rights defendants who plead guilty. They also extended the requirement that the advice be given in all cases, including misdemeanor cases, in which the defendant was convict ed of an offense punishable by imprisonment for more than six months. In thus extending the requirement these amendments conformed the rule to the provisions of Rule 607, as amended the same year, dealing with the rights of indigents to appointed counsel a nd a report of proceedings. (See Committee Comments to that rule.) In 1974, Rule 607 was again amended to provide for a free transcript in all cases in which the defendant has been convicted and sentenced. Under the amended rule, however, the right to appointment of counsel is limited to cases in which the offense was a felony or a Class A misdemeanor, or in which the sentence involves some imprisonment, whether imposed as a sentence or as a condition to a sentence of probation or conditional discharge. This rule was again amended to conform its provisions with those of Rule 607. The language of both rules was changed to conform with the language of the Unified Code of Corrections. In 1975, Rule 604(d) was added to provide that before appealing a judgment and sentence entered on a plea of guilty, the defendant must move in the trial court for vacation of the judgment and to withdraw the plea of guilty. Rule 605 was amended to design ate the matter then contained in the rule as paragraph (a), and to add new paragraph (b), providing that on imposition of sentence the defendant shall be advised of the requirements of Rule 604(d).

Provenance

Source
illinoiscourts.gov
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
30127ca707b9db7466b396ef122666c0c06c1a43dcceb131b7d4bd49e2ebf78b
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Ill. S. Ct. R. 605 — Advice to Defendant · binding.law