(725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
Sec. 112A-23. Enforcement of protective orders.
(a) When violation is crime. A violation of any protective order,
whether issued in a civil, quasi-criminal proceeding or by a military judge, shall be
enforced by a
criminal court when:
(1) The respondent commits the crime of violation of |
| a domestic violence order of protection pursuant to Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, by having knowingly violated:
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(i) remedies described in paragraph (1), (2),
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| (3), (14), or (14.5) of subsection (b) of Section 112A-14 of this Code,
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(ii) a remedy, which is substantially similar to
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| the remedies authorized under paragraph (1), (2), (3), (14), or (14.5) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986, in a valid order of protection, which is authorized under the laws of another state, tribe, or United States territory, or
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(iii) any other remedy when the act constitutes a
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| crime against the protected parties as defined by the Criminal Code of 1961 or the Criminal Code of 2012.
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Prosecution for a violation of a domestic violence
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| order of protection shall not bar concurrent prosecution for any other crime, including any crime that may have been committed at the time of the violation of the domestic violence order of protection; or
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(2) The respondent commits the crime of child
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| abduction pursuant to Section 10-5 of the Criminal Code of 1961 or the Criminal Code of 2012, by having knowingly violated:
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(i) remedies described in paragraph (5), (6), or
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| (8) of subsection (b) of Section 112A-14 of this Code, or
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(ii) a remedy, which is substantially similar to
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| the remedies authorized under paragraph (1), (5), (6), or (8) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986, in a valid domestic violence order of protection, which is authorized under the laws of another state, tribe, or United States territory.
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(3) The respondent commits the crime of violation of
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| a civil no contact order when the respondent violates Section 12-3.8 of the Criminal Code of 2012. Prosecution for a violation of a civil no contact order shall not bar concurrent prosecution for any other crime, including any crime that may have been committed at the time of the violation of the civil no contact order.
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(4) The respondent commits the crime of violation of
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| a stalking no contact order when the respondent violates Section 12-3.9 of the Criminal Code of 2012. Prosecution for a violation of a stalking no contact order shall not bar concurrent prosecution for any other crime, including any crime that may have been committed at the time of the violation of the stalking no contact order.
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(b) When violation is contempt of court. A violation of any valid protective order, whether issued in a civil or criminal
proceeding or by a military judge, may be enforced through civil or criminal contempt procedures,
as appropriate, by any court with jurisdiction, regardless where the act or
acts which violated the protective order were committed, to the extent
consistent with the venue provisions of this Article. Nothing in this
Article shall preclude any Illinois court from enforcing any valid protective order issued in another state. Illinois courts may enforce protective orders through both criminal prosecution and contempt proceedings,
unless the action which is second in time is barred by collateral estoppel
or the constitutional prohibition against double jeopardy.
(1) In a contempt proceeding where the petition for a
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| rule to show cause sets forth facts evidencing an immediate danger that the respondent will flee the jurisdiction, conceal a child, or inflict physical abuse on the petitioner or minor children or on dependent adults in petitioner's care, the court may order the attachment of the respondent without prior service of the rule to show cause or the petition for a rule to show cause. Bond shall be set unless specifically denied in writing.
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(2) A petition for a rule to show cause for violation
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| of a protective order shall be treated as an expedited proceeding.
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(c) Violation of custody, allocation of parental responsibility, or support orders. A violation of remedies
described in paragraph (5), (6), (8), or (9) of subsection (b) of Section
112A-14 of this Code may be enforced by any remedy provided by Section 607.5 of
the Illinois Marriage and Dissolution of Marriage Act. The court may
enforce any order for support issued under paragraph (12) of subsection (b)
of Section 112A-14 of this Code in the manner provided for under Parts
V and VII of the
Illinois Marriage and Dissolution of Marriage Act.
(d) Actual knowledge. A protective order may be
enforced pursuant to this Section if the respondent violates the order
after the respondent has actual knowledge of its contents
as shown through one of the following means:
(1) (Blank).
(2) (Blank).
(3) By service of a protective order under subsection
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| (f) of Section 112A-17.5 or Section 112A-22 of this Code.
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(4) By other means demonstrating actual knowledge of
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| the contents of the order.
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(e) The enforcement of a protective order in civil or criminal court
shall not be affected by either of the following:
(1) The existence of a separate, correlative order
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| entered under Section 112A-15 of this Code.
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(2) Any finding or order entered in a conjoined
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(e-5) If a civil no contact order entered under subsection (6) of Section 112A-20 of the Code of Criminal Procedure of 1963 conflicts with an order issued pursuant to the Juvenile Court Act of 1987 or the Illinois Marriage and Dissolution of Marriage Act, the conflicting order issued under subsection (6) of Section 112A-20 of the Code of Criminal Procedure of 1963 shall be void.
(f) Circumstances. The court, when determining whether or not a
violation of a protective order has occurred, shall not require
physical manifestations of abuse on the person of the victim.
(g) Penalties.
(1) Except as provided in paragraph (3) of this
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| subsection (g), where the court finds the commission of a crime or contempt of court under subsection (a) or (b) of this Section, the penalty shall be the penalty that generally applies in such criminal or contempt proceedings, and may include one or more of the following: incarceration, payment of restitution, a fine, payment of attorneys' fees and costs, or community service.
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(2) The court shall hear and take into account
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| evidence of any factors in aggravation or mitigation before deciding an appropriate penalty under paragraph (1) of this subsection (g).
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(3) To the extent permitted by law, the court is
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(i) increase the penalty for the knowing
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| violation of any protective order over any penalty previously imposed by any court for respondent's violation of any protective order or penal statute involving petitioner as victim and respondent as defendant;
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(ii) impose a minimum penalty of 24 hours
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| imprisonment for respondent's first violation of any protective order; and
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(iii) impose a minimum penalty of 48 hours
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| imprisonment for respondent's second or subsequent violation of a protective order
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unless the court explicitly finds that an increased
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| penalty or that period of imprisonment would be manifestly unjust.
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(4) In addition to any other penalties imposed for a
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| violation of a protective order, a criminal court may consider evidence of any violations of a protective order:
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(i) to modify the conditions of pretrial release
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| on an underlying criminal charge pursuant to Section 110-6 of this Code;
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(ii) to revoke or modify an order of probation,
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| conditional discharge, or supervision, pursuant to Section 5-6-4 of the Unified Code of Corrections;
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(iii) to revoke or modify a sentence of periodic
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| imprisonment, pursuant to Section 5-7-2 of the Unified Code of Corrections.
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(Source: P.A. 102-184, eff. 1-1-22; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 103-407, eff. 7-28-23.)
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(725 ILCS 5/112A-24) (from Ch. 38, par. 112A-24)
Sec. 112A-24. Modification, re-opening, and extension of orders.
(a) Except as
otherwise provided in this Section, upon motion by petitioner, petitioner's counsel, or the State's Attorney on behalf of the petitioner, the court
may modify a protective order:
(1) If respondent has abused petitioner since the |
| hearing for that order, by adding or altering one or more remedies, as authorized by Section 112A-14, 112A-14.5, or 112A-14.7 of this Code; and
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(2) Otherwise, by adding any remedy authorized by
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| Section 112A-14, 112A-14.5, or 112A-14.7 which was:
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(i) reserved in that protective order;
(ii) not requested for inclusion in that
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(iii) denied on procedural grounds, but not on
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(a-5) A petitioner, petitioner's counsel, or the State's Attorney on the petitioner's behalf may file a motion to vacate or modify a final stalking no contact order. The motion shall be served in accordance with Supreme Court Rules 11 and 12.
(b) Upon motion by the petitioner, petitioner's counsel, State's Attorney, or respondent, the court may modify any
prior domestic violence order of protection's remedy for custody,
visitation or payment of
support in accordance with the relevant provisions of the Illinois Marriage
and Dissolution of Marriage Act.
(c) After 30 days following the entry of a protective order, a court may modify that order only when changes in the
applicable law or facts since that final order was entered warrant a
modification of its terms.
(d) (Blank).
(e) (Blank).
(f) (Blank).
(g) This Section does not limit the means, otherwise available by law, for vacating or modifying protective orders.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
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(725 ILCS 5/112A-30) (from Ch. 38, par. 112A-30)
Sec. 112A-30. Assistance by law enforcement officers.
(a) Whenever a law enforcement officer has reason to believe that a person
has been abused by a family or household member, the officer shall immediately
use all reasonable means to prevent further abuse, including:
(1) Arresting the abusing party, where appropriate;
(2) If there is probable cause to believe that |
| particular weapons were used to commit the incident of abuse, subject to constitutional limitations, seizing and taking inventory of the weapons;
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(3) Accompanying the victim of abuse to his or her
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| place of residence for a reasonable period of time to remove necessary personal belongings and possessions;
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(4) Offering the victim of abuse immediate and
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| adequate information (written in a language appropriate for the victim or in Braille or communicated in appropriate sign language), which shall include a summary of the procedures and relief available to victims of abuse under this Article and the officer's name and badge number;
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(5) Providing the victim with one referral to an
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| accessible service agency;
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(6) Advising the victim of abuse about seeking
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| medical attention and preserving evidence (specifically including photographs of injury or damage and damaged clothing or other property); and
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(7) Providing or arranging accessible transportation
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| for the victim of abuse (and, at the victim's request, any minors or dependents in the victim's care) to a medical facility for treatment of injuries or to a nearby place of shelter or safety; or, after the close of court business hours, providing or arranging for transportation for the victim (and, at the victim's request, any minors or dependents in the victim's care) to the nearest available circuit judge or associate judge so the victim may file a petition for an emergency order of protection under Section 217 of the Illinois Domestic Violence Act of 1986. When a victim of abuse chooses to leave the scene of the offense, it shall be presumed that it is in the best interests of any minors or dependents in the victim's care to remain with the victim or a person designated by the victim, rather than to remain with the abusing party.
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(b) Whenever a law enforcement officer does not exercise arrest powers
or otherwise initiate criminal proceedings, the officer shall:
(1) Make a police report of the investigation of any
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| bona fide allegation of an incident of abuse and the disposition of the investigation, in accordance with subsection (a) of Section 112A-29;
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(2) Inform the victim of abuse of the victim's right
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| to request that a criminal proceeding be initiated where appropriate, including specific times and places for meeting with the State's Attorney's office, a warrant officer, or other official in accordance with local procedure; and
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(3) Advise the victim of the importance of seeking
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| medical attention and preserving evidence (specifically including photographs of injury or damage and damaged clothing or other property).
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(c) Except as provided by Section 24-6 of the Criminal Code of 2012 or
under a court order, any weapon seized under subsection (a)(2) shall be
returned forthwith to the person from whom it was seized when it is no longer
needed for evidentiary purposes.
(Source: P.A. 100-199, eff. 1-1-18 .)
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(725 ILCS 5/113-4) (from Ch. 38, par. 113-4)
Sec. 113-4. Plea. (a) When called upon to plead at arraignment the defendant
shall be furnished with a copy of the charge and shall plead guilty, guilty
but mentally ill, or not guilty.
(b) If the defendant stands mute a plea of not guilty shall be entered
for him and the trial shall proceed on such plea.
(c) If the defendant pleads guilty such plea shall not be accepted until
the court shall have fully explained to the defendant the following: (1) the maximum and minimum penalty provided by law |
| for the offense which may be imposed by the court;
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(2) as a consequence of a conviction or a plea of
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| guilty, the sentence for any future conviction may be increased or there may be a higher possibility of the imposition of consecutive sentences;
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(3) as a consequence of a conviction or a plea of
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| guilty, there may be registration requirements that restrict where the defendant may work, live, or be present; and
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(4) as a consequence of a conviction or a plea of
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| guilty, there may be an impact upon the defendant's ability to, among others:
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(A) retain or obtain housing in the public or
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(B) retain or obtain employment; and
(C) retain or obtain a firearm, an occupational
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| license, or a driver's license.
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After such explanation if the defendant understandingly
persists in his plea it shall be accepted by the court and recorded.
(d) If the defendant pleads guilty but mentally ill, the court shall
not accept such a plea until the defendant has undergone examination by
a clinical psychologist or psychiatrist
and the judge has examined the psychiatric or psychological
report or reports, held a hearing on
the issue of the defendant's mental condition and is satisfied that there
is a factual basis that the defendant was mentally ill at the time of the
offense to which the plea is entered.
(e) If a defendant pleads not guilty, the court shall advise him at
that time or at any later court date on which he is present that if he escapes from
custody or is released on bond and fails to appear in court when required
by the court that his failure to appear would constitute a waiver of his
right to confront the witnesses against him and trial could proceed in his absence.
(Source: P.A. 99-871, eff. 1-1-17 .)
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(725 ILCS 5/114-1) (from Ch. 38, par. 114-1)
Sec. 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.
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(2) The prosecution of the offense is barred by
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| Sections 3-3 through 3-8 of the Criminal Code of 2012.
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(3) The defendant has received immunity from
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| prosecution for the offense charged.
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(4) The indictment was returned by a Grand Jury which
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| was improperly selected and which results in substantial injustice to the defendant.
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(5) The indictment was returned by a Grand Jury which
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| acted contrary to Article 112 of this Code and which results in substantial injustice to the defendant.
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(6) The court in which the charge has been filed does
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(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
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| of an incompetent witness.
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(10) The defendant is misnamed in the charge and the
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| misnomer results in substantial injustice to the defendant.
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(11) The requirements of Section 109-3.1 have not
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(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
issues.
(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 pretrial release, that the pretrial release 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; 101-652, eff. 1-1-23 .)
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