All the pecuniary forfeitures incurred under this Act shall inure to the use of the party for whose benefit the order of habeas corpus was entered, and shall be sued for and recovered with costs, by the Attorney General or State's Attorney, in the name of the State, by complaint; and the amount, when recovered, shall, without any deduction, be paid to the party entitled thereto.
10-133.Penalties - How recovered.
Article X. Habeas Corpus · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 10-133 directs that money forfeitures created under Article X go to the person the habeas corpus order protected, recovered with costs through a complaint filed by the Attorney General or State's Attorney in the State's name, and paid over in full once collected.
Full Text of 735 ILCS 5/10-133
Plain-English Summary
Article X scatters several pecuniary forfeitures across its sections — for refusing to provide a copy of process under Section 10-105, for corruptly refusing or delaying relief under Section 10-106, for neglecting a habeas order under Section 10-116, for wrongful rearrest under Section 10-129, and others. Section 10-133 gathers them under one recovery mechanism.
All of these forfeitures inure to the use of the party for whose benefit the habeas corpus order was entered. They're sued for and recovered, along with costs, by the Attorney General or the State's Attorney, acting in the name of the State, by complaint. Once recovered, the amount is paid to the party entitled to it without any deduction.
Frequently Asked Questions
Who benefits from the pecuniary forfeitures created under Article X?
The party for whose benefit the habeas corpus order was entered.
Who brings the action to recover these forfeitures?
The Attorney General or State's Attorney, in the name of the State, by complaint.
Can the affected party recover costs along with the forfeiture?
Yes. The forfeiture is sued for and recovered with costs.
Is any of the recovered amount withheld before payment to the affected party?
No. The statute requires the amount to be paid "without any deduction."
Does Section 10-133 create a new forfeiture, or manage the ones already created?
It manages recovery of the forfeitures already created elsewhere in Article X, rather than creating a new one of its own.
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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