(725 ILCS 5/116-1) (from Ch. 38, par. 116-1)
Sec. 116-1.
Motion for new trial.
(a) Following a verdict or finding of guilty the court may grant the
defendant a new trial.
(b) A written motion for a new trial shall be filed by the defendant
within 30 days following the entry of a finding or the return of a verdict.
Reasonable notice of the motion shall be served upon the State.
(c) The motion for a new trial shall specify the grounds therefor.
(Source: Laws 1963, p. 2836.)
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(725 ILCS 5/116-2) (from Ch. 38, par. 116-2)
Sec. 116-2.
Motion in arrest of judgment.
(a) A written motion in arrest
of judgment shall be filed by the defendant within 30 days following the
entry of a verdict or finding of guilty. Reasonable notice of the motion
shall be served upon the State.
(b) The court shall grant the motion when:
(1) The indictment, information or complaint does not charge an offense,
or
(2) The court is without jurisdiction of the cause.
(c) A motion in arrest of judgment attacking the indictment,
information, or complaint on the ground that it does not charge an offense
shall be denied if the indictment, information or complaint apprised the accused of the
precise offense charged with sufficient specificity to prepare his defense
and allow pleading a resulting conviction as a bar to future prosecution
out of the same conduct.
(Source: P.A. 86-391.)
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(725 ILCS 5/116-2.1) Sec. 116-2.1. Motion to vacate prostitution convictions for sex trafficking victims. (a) A motion under this Section may be filed at any time following the entry of a verdict or finding of guilty where the conviction was under Section 11-14 (prostitution) or Section 11-14.2 (first offender; felony prostitution) of the Criminal Code of 1961 or the Criminal Code of 2012 or a similar local ordinance and the defendant's participation in the offense was a result of having been a trafficking victim under Section 10-9 (involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons) of the Criminal Code of 1961 or the Criminal Code of 2012; or a victim of a severe form of trafficking under the federal Trafficking Victims Protection Act (22 U.S.C. Section 7102(13)); provided that: (1) a motion under this Section shall state why the | ||
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(2) reasonable notice of the motion shall be served | ||
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(b) The court may grant the motion if, in the discretion of the court, the violation was a result of the defendant having been a victim of human trafficking. Evidence of such may include, but is not limited to: (1) certified records of federal or State court | ||
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(2) certified records of "approval notices" or "law | ||
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(3) a sworn statement from a trained professional | ||
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Alternatively, the court may consider such other evidence as it deems of sufficient credibility and probative value in determining whether the defendant is a trafficking victim or victim of a severe form of trafficking. (c) If the court grants a motion under this Section, it must vacate the conviction and may take such additional action as is appropriate in the circumstances.
(Source: P.A. 97-267, eff. 1-1-12; 97-897, eff. 1-1-13; 97-1150, eff. 1-25-13.) |