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10-102.Who may file.

Article X. Habeas Corpus · Not amended since adoption on record · Last verified July 20, 2026

In one sentenceSection 10-102 gives every imprisoned or restrained person the right to apply for habeas corpus relief, subject to the exceptions Article X states elsewhere, in order to be freed if the confinement turns out to be unlawful.

Full Text of 735 ILCS 5/10-102

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Every person imprisoned or otherwise restrained of his or her liberty, except as herein otherwise provided, may apply for habeas corpus in the manner provided in Article X of this Act, to obtain relief from such imprisonment or restraint, if it prove to be unlawful.

Plain-English Summary

Section 10-102 states the basic entitlement behind the whole Article: every person imprisoned or otherwise restrained of liberty may apply for habeas corpus, in the manner Article X provides, to obtain relief from that imprisonment or restraint if it proves unlawful. The grant is broad on its face, reaching restraint generally rather than any single kind of custody.

Two limits sit inside that broad grant. First, the right runs "except as herein otherwise provided," a pointer to the categorical exclusions Section 10-123 later lists. Second, relief depends on the restraint proving unlawful in fact — the statute doesn't promise release on request, only a path to test the legality of the confinement.

The mechanics of how to apply come later in the Article, starting with the venue and complaint requirements in Section 10-103. Section 10-102 supplies the underlying right that those later, more procedural sections carry out.

Frequently Asked Questions

Who has the right to apply for habeas corpus under Section 10-102?

Every person imprisoned or otherwise restrained of liberty, subject to the exceptions Article X states elsewhere.

What must the applicant ultimately show to obtain relief?

That the imprisonment or restraint proves to be unlawful.

Are there exceptions to who may apply under this section?

Yes. The right applies "except as herein otherwise provided," which points to the categorical limits Section 10-123 sets out.

Does Section 10-102 limit habeas corpus to criminal custody?

No. Its language covers anyone imprisoned or otherwise restrained of liberty, without confining that reach to criminal cases.

Where does the procedure for making this application appear?

Section 10-103 sets out where and how the application must be made.

Amendment History

(Source: P.A. 82-280.)

Source & verification. Section text and amendment history are reproduced verbatim from the Illinois Compiled Statutes, published by the Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026. · Official source
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