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(725 ILCS 5/114-1)
(from Ch. 38, par. 114-1)
Motion to dismiss charge.
(a) Upon the written motion of the defendant made prior to trial before
or after a plea has been entered the court may dismiss the indictment,
information or complaint upon any of the following grounds:
(1) The defendant has not been placed on trial in
compliance with Section 103-5 of this Code.
(2) The prosecution of the offense is barred by
Sections 3-3 through 3-8 of the Criminal Code of 2012.
(3) The defendant has received immunity from
prosecution for the offense charged.
(4) The indictment was returned by a Grand Jury which
was improperly selected and which results in substantial injustice to the defendant.
(5) The indictment was returned by a Grand Jury which
acted contrary to Article 112 of this Code and which results in substantial injustice to the defendant.
(6) The court in which the charge has been filed does
(7) The county is an improper place of trial.
(8) The charge does not state an offense.
(9) The indictment is based solely upon the testimony
of an incompetent witness.
(10) The defendant is misnamed in the charge and the
misnomer results in substantial injustice to the defendant.
(11) The requirements of Section 109-3.1 have not
(b) The court shall require any motion to dismiss to be filed within a
reasonable time after the defendant has been arraigned. Any motion not
filed within such time or an extension thereof shall not be considered by
the court and the grounds therefor, except as to subsections (a)(6) and
(a)(8) of this Section, are waived.
(c) If the motion presents only an issue of law the court shall
determine it without the necessity of further pleadings. If the motion
alleges facts not of record in the case the State shall file an answer
admitting or denying each of the factual allegations of the motion.
(d) When an issue of fact is presented by a motion to dismiss and the
answer of the State the court shall conduct a hearing and determine the
(d-5) When a defendant seeks dismissal of the charge upon the ground set
forth in subsection (a)(7) of this Section, the defendant shall make a prima
facie showing that the county is an improper place of trial. Upon such
showing, the State shall have the burden of proving, by a preponderance of
the evidence, that the county is the proper place of trial.
(d-6) When a defendant seeks dismissal of the charge upon the grounds set forth in subsection (a)(2) of this Section, the prosecution shall have the burden of proving, by a preponderance of the evidence, that the
prosecution of the offense is not barred by Sections 3-3 through 3-8 of the Criminal Code of 2012.
(e) Dismissal of the charge upon the grounds set forth in subsections
(a)(4) through (a)(11) of this Section shall not prevent the return of a
new indictment or the filing of a new charge, and upon such dismissal
the court may order that the defendant be held in custody or, if the
defendant had been previously released on bail, that the bail be continued for a specified time pending the return of a new
indictment or the filing of a new charge.
(f) If the court determines that the motion to dismiss based upon the
grounds set forth in subsections (a)(6) and (a)(7) is well founded it
may, instead of dismissal, order the cause transferred to a court of
competent jurisdiction or to a proper place of trial.
(Source: P.A. 100-434, eff. 1-1-18