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Public Act 094-0668 |
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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 | ||||
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 | ||||
prejudiced by a joinder
of related prosecutions or defendants | ||||
in a single charge or by joinder of
separate charges or | ||||
defendants for trial the court may order separate
trials, grant | ||||
a severance of defendants, or provide any other relief as
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justice may require. | ||||
(b) 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, subject to constitutional limitations, the impact | ||||
upon the alleged victim of multiple trials requiring the | ||||
victim's testimony.
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(Source: Laws 1963, p. 2836.)
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