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90_HB2366
725 ILCS 5/114-5 from Ch. 38, par. 114-5
Amends the Code of Criminal Procedure of 1963. Permits
the State to name 2 judges as prejudiced against the State
for purpose of the substitution of the judge in a case in
which the offense charged is a Class X felony or may be
punished by death or life imprisonment (now the State may
name only one judge as prejudiced). Effective immediately.
LRB9007252RCks
LRB9007252RCks
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Section 114-5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Criminal Procedure of 1963 is
6 amended by changing Section 114-5 as follows:
7 (725 ILCS 5/114-5) (from Ch. 38, par. 114-5)
8 Sec. 114-5. Substitution of judge. (a) Within 10 days
9 after a cause involving only one defendant has been placed on
10 the trial call of a judge the defendant may move the court in
11 writing for a substitution of that judge on the ground that
12 such judge is so prejudiced against him that he cannot
13 receive a fair trial. Upon the filing of such a motion the
14 court shall proceed no further in the cause but shall
15 transfer it to another judge not named in the motion. The
16 defendant may name only one judge as prejudiced, pursuant to
17 this subsection; provided, however, that in a case in which
18 the offense charged is a Class X felony or may be punished by
19 death or life imprisonment, the defendant may name two judges
20 as prejudiced.
21 (b) Within 24 hours after a motion is made for
22 substitution of judge in a cause with multiple defendants
23 each defendant shall have the right to move in accordance
24 with subsection (a) of this Section for a substitution of one
25 judge. The total number of judges named as prejudiced by all
26 defendants shall not exceed the total number of defendants.
27 The first motion for substitution of judge in a cause with
28 multiple defendants shall be made within 10 days after the
29 cause has been placed on the trial call of a judge.
30 (c) Within 10 days after a cause has been placed on the
31 trial call of a judge the State may move the court in writing
-2- LRB9007252RCks
1 for a substitution of that judge on the ground that such
2 judge is prejudiced against the State. Upon the filing of
3 such a motion the court shall proceed no further in the cause
4 but shall transfer it to another judge not named in the
5 motion. The State may name only one judge as prejudiced,
6 pursuant to this subsection; provided, however, that in a
7 case in which the offense charged is a Class X felony or may
8 be punished by death or life imprisonment, the State may name
9 2 judges as prejudiced.
10 (d) In addition to the provisions of subsections (a),
11 (b) and (c) of this Section the State or any defendant may
12 move at any time for substitution of judge for cause,
13 supported by affidavit. Upon the filing of such motion a
14 hearing shall be conducted as soon as possible after its
15 filing by a judge not named in the motion; provided, however,
16 that the judge named in the motion need not testify, but may
17 submit an affidavit if the judge wishes. If the motion is
18 allowed, the case shall be assigned to a judge not named in
19 the motion. If the motion is denied the case shall be
20 assigned back to the judge named in the motion.
21 (Source: P.A. 84-1428.)
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.