Whenever it appears by the complaint, or by affidavit, that any one is illegally held in custody or restraint, and that there is good reason to believe that such person will be taken out of the jurisdiction of the court in which the application for a habeas corpus is made, or will suffer some irreparable injury before compliance with the order can be enforced, the court may enter an order directed to the sheriff or other proper officer, commanding him or her to take the prisoner thus held in custody or restraint, and forthwith bring him or her before the court to be dealt with according to law. The court may also, if it is deemed necessary, order the apprehension of the person charged with causing the illegal restraint. The officer shall execute the order by bringing the person therein named before the court, and the like return and proceedings shall be had as in other orders of habeas corpus.
10-118.Proceedings in case of emergency.
Article X. Habeas Corpus · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 10-118 lets a court, on a showing that a restrained person may be moved out of its reach or badly harmed before an ordinary order could take effect, direct a sheriff to bring that person before it right away, and it may also order the arrest of whoever is causing the illegal restraint.
Full Text of 735 ILCS 5/10-118
Plain-English Summary
Section 10-118 covers situations where the ordinary pace of a habeas corpus proceeding risks coming too late. It applies whenever it appears, from the complaint or from an affidavit, that someone is illegally held in custody or restraint, and that there is good reason to believe that person will be taken out of the jurisdiction of the court before an ordinary order can be enforced, or will suffer some irreparable injury in the meantime.
On that showing, the court may enter an order directed to the sheriff or other proper officer, commanding that officer to take the person held in custody or restraint and bring that person before the court right away. The court may go further still: if deemed necessary, it may also order the apprehension of the person charged with causing the illegal restraint.
Once the officer executes this order by bringing the person before the court, the statute folds the matter back into the Article's ordinary track — the return and proceedings that follow are the same as with any other habeas corpus order, meaning Sections 10-113 through 10-120 govern from that point on.
Frequently Asked Questions
What two circumstances can trigger the emergency procedure in Section 10-118?
Good reason to believe the person will be taken out of the court's jurisdiction, or will suffer irreparable injury, before an ordinary order can be enforced.
What can the court order the sheriff to do under this section?
Take the person held in custody or restraint and bring that person before the court right away.
Can the court act against the person causing the illegal restraint?
Yes. The court may order that person's apprehension if it deems doing so necessary.
What return procedure applies once the emergency order is carried out?
The same return and proceedings that apply to any other habeas corpus order.
What supports this emergency order — is a full hearing required first?
The complaint or an affidavit showing the illegal custody or restraint and the risk of removal or irreparable injury is what the court acts on.
Amendment History
(Source: P.A. 83-707.)
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
Also known as: emergency habeas corpus illinoisprisoner removed from jurisdiction habeas corpusirreparable injury habeas corpus illinois