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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0215
Introduced 1/13/2005, by Rep. William Delgado SYNOPSIS AS INTRODUCED:
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725 ILCS 5/114-8 |
from Ch. 38, par. 114-8 |
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Amends the Code of Criminal Procedure of 1963. Provides that in the case of a prosecution of multiple defendants for criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse arising out of the same course of conduct, the court, in deciding a motion to sever the charges and try the defendants separately, must consider the impact upon the alleged victim of multiple trials requiring the victim's testimony.
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A BILL FOR
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HB0215 |
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LRB094 05294 RLC 35337 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Criminal Procedure of 1963 is |
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| amended by changing Section 114-8 as follows:
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| (725 ILCS 5/114-8) (from Ch. 38, par. 114-8)
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| Sec. 114-8. Motion for severance.
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| (a) If it appears that a defendant or the State is |
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| prejudiced by a joinder
of related prosecutions or defendants |
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| in a single charge or by joinder of
separate charges or |
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| defendants for trial the court may order separate
trials, grant |
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| a severance of defendants, or provide any other relief as
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| justice may require. |
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| (b) In the case of a prosecution of multiple defendants for |
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| criminal sexual assault, aggravated criminal sexual assault, |
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| predatory criminal sexual assault of a child, criminal sexual |
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| abuse, or aggravated criminal sexual abuse arising out of the |
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| same course of conduct, the court, in deciding a motion to |
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| sever the charges and try the defendants separately, must |
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| consider the impact upon the alleged victim of multiple trials |
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| requiring the victim's testimony.
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| (Source: Laws 1963, p. 2836.)
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