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91_SB1907
LRB9112980RCpr
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Section 114-1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Criminal Procedure of 1963 is
6 amended by changing Section 114-1 as follows:
7 (725 ILCS 5/114-1) (from Ch. 38, par. 114-1)
8 Sec. 114-1. Motion to dismiss charge.
9 (a) Upon the written motion of the defendant made prior
10 to trial before or after a plea has been entered the court
11 may dismiss the indictment, information or complaint upon any
12 of the following grounds:
13 (1) The defendant has not been placed on trial in
14 compliance with Section 103-5 of this Code;
15 (2) The prosecution of the offense is barred by
16 Sections 3-3 through 3-8 of the "Criminal Code of 1961",
17 approved July 28, 1961, as heretofore and hereafter
18 amended;
19 (3) The defendant has received immunity from
20 prosecution for the offense charged;
21 (4) The indictment was returned by a Grand Jury
22 which was improperly selected and which results in
23 substantial injustice to the defendant;
24 (5) The indictment was returned by a Grand Jury
25 which acted contrary to Article 112 of this Code and
26 which results in substantial injustice to the defendant;
27 (6) The court in which the charge has been filed
28 does not have jurisdiction;
29 (7) The county is an improper place of trial;
30 (8) The charge does not state an offense;
31 (9) The indictment is based solely upon the
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1 testimony of an incompetent witness;
2 (10) The defendant is misnamed in the charge and
3 the misnomer results in substantial injustice to the
4 defendant;.
5 (11) The requirements of Section 109-3.1 have not
6 been complied with;.
7 (12) The knowing use of or the failure to correct
8 perjury given at the grand jury which returned an
9 indictment;
10 (13) The failure of the State's Attorney to inform
11 the grand jury of the existence of evidence exculpatory
12 to the accused when the existence of that evidence is
13 known to the State;
14 (14) The failure of the State to present a
15 defendant under arrest without unnecessary delay before
16 the nearest and most accessible judge in the county as
17 required by subsection (a) of Section 109-1;
18 (15) The failure of the State to either indict the
19 defendant before a grand jury or to provide the defendant
20 a prompt preliminary hearing to establish probable cause.
21 (b) The court shall require any motion to dismiss to be
22 filed within a reasonable time after the defendant has been
23 arraigned. Any motion not filed within such time or an
24 extension thereof shall not be considered by the court and
25 the grounds therefor, except as to subsections (a) (6) and
26 (a) (8) of this Section, are waived.
27 (c) If the motion presents only an issue of law the
28 court shall determine it without the necessity of further
29 pleadings. If the motion alleges facts not of record in the
30 case the State shall file an answer admitting or denying each
31 of the factual allegations of the motion.
32 (d) When an issue of fact is presented by a motion to
33 dismiss and the answer of the State the court shall conduct a
34 hearing and determine the issues.
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1 (d-5) When a defendant seeks dismissal of the charge
2 upon the ground set forth in subsection (a)(7) of this
3 Section, the defendant shall make a prima facie showing that
4 the county is an improper place of trial. Upon such showing,
5 the State shall have the burden of proving, by a
6 preponderance of the evidence, that the county is the proper
7 place of trial.
8 (e) Dismissal of the charge upon the grounds set forth
9 in subsections (a) (4) through (a) (11) of this Section shall
10 not prevent the return of a new indictment or the filing of a
11 new charge and upon such dismissal the court may order that
12 the defendant be held in custody or if he had been previously
13 released on bail that his bail be continued for a specified
14 time pending the return of a new indictment or the filing of
15 a new charge.
16 (f) If the court determines that the motion to dismiss
17 based upon the grounds set forth in subsections (a) (6) and
18 (a) (7) is well founded it may, instead of dismissal, order
19 the cause transferred to a court of competent jurisdiction or
20 to a proper place of trial.
21 (Source: P.A. 89-288, eff. 8-11-95.)
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.