Illinois Statutes Chapter 725. Criminal Procedure § 5/115-4.5. Death of defendant

§ 115-4.5. Death of defendant.

Whenever the prosecuting attorney learns of the death of the defendant prior to the entry of a final and appealable judgment in a criminal case, he or she shall promptly notify the other party and file a certificate of notice of the defendant's death with the circuit court before which the case is pending. Upon filing of the certificate, the court shall enter an order abating the proceedings ab initio.