HB0215 Engrossed LRB094 05294 RLC 35337 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Code of Criminal Procedure of 1963 is
5 amended by changing Section 114-8 as follows:
 
6     (725 ILCS 5/114-8)  (from Ch. 38, par. 114-8)
7     Sec. 114-8. Motion for severance.
8     (a) If it appears that a defendant or the State is
9 prejudiced by a joinder of related prosecutions or defendants
10 in a single charge or by joinder of separate charges or
11 defendants for trial the court may order separate trials, grant
12 a severance of defendants, or provide any other relief as
13 justice may require.
14     (b) In the case of a prosecution of multiple defendants for
15 criminal sexual assault, aggravated criminal sexual assault,
16 predatory criminal sexual assault of a child, criminal sexual
17 abuse, or aggravated criminal sexual abuse arising out of the
18 same course of conduct, the court, in deciding a motion to
19 sever the charges and try the defendants separately, must
20 consider the impact upon the alleged victim of multiple trials
21 requiring the victim's testimony.
22 (Source: Laws 1963, p. 2836.)