HB5292 97TH GENERAL ASSEMBLY

LRB097 13614 RLC 58150 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5292

Introduced 2/8/2012, by Rep. Naomi D. Jakobsson

SYNOPSIS AS INTRODUCED:

725 ILCS 5/114-1.5 new

Amends the Code of Criminal Procedure of 1963. Provides that the court may dismiss an indictment, information, or complaint with prejudice in furtherance of justice, even though there may be no basis for dismissal upon grounds specified in the Code. Provides that such dismissal is required as a matter of judicial discretion by the existence of some compelling factor, consideration, or circumstance clearly demonstrating that conviction or prosecution of the defendant upon such indictment, information, or complaint would constitute or result in injustice. Establishes factors that the court shall use in making its determination.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Criminal Procedure of 1963 is amended by adding Section 114-1.5 as follows:

(725 ILCS 5/114-1.5 new)

Sec. 114-1.5. Motion to dismiss charge in the interest of justice.

(a) An indictment, information, or complaint may be dismissed with prejudice in furtherance of justice, even though there may be no basis for dismissal upon any ground specified in Section 114-1 of this Code. Such dismissal is required as a matter of judicial discretion by the existence of some compelling factor, consideration, or circumstance clearly demonstrating that conviction or prosecution of the defendant upon such indictment, information, or complaint would constitute or result in injustice. In determining whether such compelling factor, consideration, or circumstance exists, the court must, to the extent applicable, examine and consider, individually and collectively, the following:

(1) the seriousness and circumstances of the offense;

(2) the extent of harm caused by the offense;

(3) the evidence of guilt, whether admissible or inadmissible, at trial;

(4) the history, character, and condition of the defendant including mental health and physical issues;

(5) any exceptionally serious misconduct of law enforcement personnel in the investigation, arrest, and prosecution of the defendant;

(6) the purpose and effect of imposing upon the defendant a sentence authorized for the offense;

(7) the impact of a dismissal upon the confidence of the public in the criminal justice system;

(8) the impact of a dismissal on the safety or welfare of the community;

(9) if the court deems it appropriate, the attitude of the complainant or victim with respect to the motion;

(10) any other relevant fact indicating that a judgment of conviction would serve no useful purpose.

(b) An order dismissing an indictment, information, or complaint in the interest of justice may be issued by the court on its own motion or after a written motion filed by the State or the defendant. Such a motion shall be filed before trial unless opportunity did not exist or the State or defendant was not aware of the grounds for the motion. Upon issuing an order dismissing the indictment, information, or complaint, the court must set forth its reasons upon the record.

(c) If the motion presents only an issue of law the court shall determine it without the necessity of further pleadings. When an issue of fact is presented by a motion to dismiss, the court shall conduct a hearing and determine the issues. The court may admit hearsay or affidavit evidence on secondary matters such as testimony to establish chain of custody, possession of physical evidence, laboratory or medical reports, authenticity of transcripts taken by official court reporters, court and business records, and public documents.