State of Illinois
91st General Assembly

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 1        AN ACT to amend the Code of Criminal Procedure of 1963 by
 2    changing Section 114-1.

 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 114-1 as follows:

 7        (725 ILCS 5/114-1) (from Ch. 38, par. 114-1)
 8        Sec. 114-1.  Motion to dismiss charge.
 9        (a)  Upon  the written motion of the defendant made prior
10    to trial before or after a plea has been  entered  the  court
11    may dismiss the indictment, information or complaint upon any
12    of the following grounds:
13             (1)  The  defendant  has not been placed on trial in
14        compliance with Section 103-5 of this Code;
15             (2)  The prosecution of the  offense  is  barred  by
16        Sections  3-3 through 3-8 of the "Criminal Code of 1961",
17        approved July  28,  1961,  as  heretofore  and  hereafter
18        amended;
19             (3)  The   defendant   has  received  immunity  from
20        prosecution for the offense charged;
21             (4)  The indictment was returned  by  a  Grand  Jury
22        which  was  improperly  selected  and  which  results  in
23        substantial injustice to the defendant;
24             (5)  The  indictment  was  returned  by a Grand Jury
25        which acted contrary to Article  112  of  this  Code  and
26        which results in substantial injustice to the defendant;
27             (6)  The  court  in  which the charge has been filed
28        does not have jurisdiction;
29             (7)  The county is an improper place of trial;
30             (8)  The charge does not state an offense;
31             (9)  The  indictment  is  based  solely   upon   the
                            -2-                LRB9112980RCpr
 1        testimony of an incompetent witness;
 2             (10)  The  defendant  is  misnamed in the charge and
 3        the misnomer results  in  substantial  injustice  to  the
 4        defendant;.
 5             (11)  The  requirements  of Section 109-3.1 have not
 6        been complied with;.
 7             (12)  The knowing use of or the failure  to  correct
 8        perjury  given  at  the  grand  jury  which  returned  an
 9        indictment;
10             (13)  The  failure of the State's Attorney to inform
11        the grand jury of the existence of  evidence  exculpatory
12        to  the  accused  when  the existence of that evidence is
13        known to the State;
14             (14)  The  failure  of  the  State  to   present   a
15        defendant  under  arrest without unnecessary delay before
16        the nearest and most accessible judge in  the  county  as
17        required by subsection (a) of Section 109-1;
18             (15)  The  failure of the State to either indict the
19        defendant before a grand jury or to provide the defendant
20        a prompt preliminary hearing to establish probable cause.
21        (b)  The court shall require any motion to dismiss to  be
22    filed  within  a reasonable time after the defendant has been
23    arraigned. Any motion  not  filed  within  such  time  or  an
24    extension  thereof  shall  not be considered by the court and
25    the grounds therefor, except as to subsections  (a)  (6)  and
26    (a) (8) of this Section, are waived.
27        (c)  If  the  motion  presents  only  an issue of law the
28    court shall determine it without  the  necessity  of  further
29    pleadings.  If  the motion alleges facts not of record in the
30    case the State shall file an answer admitting or denying each
31    of the factual allegations of the motion.
32        (d)  When an issue of fact is presented by  a  motion  to
33    dismiss and the answer of the State the court shall conduct a
34    hearing and determine the issues.
                            -3-                LRB9112980RCpr
 1        (d-5)  When  a  defendant  seeks  dismissal of the charge
 2    upon the ground  set  forth  in  subsection  (a)(7)  of  this
 3    Section,  the defendant shall make a prima facie showing that
 4    the county is an improper place of trial.  Upon such showing,
 5    the  State  shall  have  the  burden   of   proving,   by   a
 6    preponderance  of the evidence, that the county is the proper
 7    place of trial.
 8        (e)  Dismissal of the charge upon the grounds  set  forth
 9    in subsections (a) (4) through (a) (11) of this Section shall
10    not prevent the return of a new indictment or the filing of a
11    new  charge  and upon such dismissal the court may order that
12    the defendant be held in custody or if he had been previously
13    released on bail that his bail be continued for  a  specified
14    time  pending the return of a new indictment or the filing of
15    a new charge.
16        (f)  If the court determines that the motion  to  dismiss
17    based  upon  the grounds set forth in subsections (a) (6) and
18    (a) (7) is well founded it may, instead of  dismissal,  order
19    the cause transferred to a court of competent jurisdiction or
20    to a proper place of trial.
21    (Source: P.A. 89-288, eff. 8-11-95.)

22        Section  99.  Effective date.  This Act takes effect upon
23    becoming law.

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