State of Illinois
92nd General Assembly

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 1        AN ACT concerning criminal procedure.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Code of Criminal  Procedure  of  1963  is
 5    amended by changing Section 114-1 as follows:

 6        (725 ILCS 5/114-1) (from Ch. 38, par. 114-1)
 7        Sec. 114-1.  Motion to dismiss charge.
 8        (a)  Upon  the written motion of the defendant made prior
 9    to trial before or after a plea has been  entered  the  court
10    may dismiss the indictment, information or complaint upon any
11    of the following grounds:
12             (1)  The  defendant  has not been placed on trial in
13        compliance with Section 103-5 of this Code.;
14             (2)  The prosecution of the  offense  is  barred  by
15        Sections  3-3 through 3-8 of the "Criminal Code of 1961",
16        approved July  28,  1961,  as  heretofore  and  hereafter
17        amended.;
18             (3)  The   defendant   has  received  immunity  from
19        prosecution for the offense charged.;
20             (4)  The indictment was returned  by  a  Grand  Jury
21        which  was  improperly  selected  and  which  results  in
22        substantial injustice to the defendant.;
23             (5)  The  indictment  was  returned  by a Grand Jury
24        which acted contrary to Article  112  of  this  Code  and
25        which results in substantial injustice to the defendant.;
26             (6)  The  court  in  which the charge has been filed
27        does not have jurisdiction.;
28             (7)  The county is an improper place of trial.;
29             (8)  The charge does not state an offense.;
30             (9)  The  indictment  is  based  solely   upon   the
31        testimony of an incompetent witness.;
                            -2-                LRB9202138RCsb
 1             (10)  The  defendant  is  misnamed in the charge and
 2        the misnomer results  in  substantial  injustice  to  the
 3        defendant.
 4             (11)  The  requirements  of Section 109-3.1 have not
 5        been complied with.
 6             (12)  The knowing use of or the failure  to  correct
 7        perjury   given  at  the  grand  jury  that  returned  an
 8        indictment.
 9             (13)  The failure of the State's Attorney to  inform
10        the  grand  jury of the existence of evidence exculpatory
11        to the accused when the existence  of  that  evidence  is
12        known to the State.
13             (14)  The   failure   of  the  State  to  present  a
14        defendant under arrest without unnecessary  delay  before
15        the  nearest  and  most accessible judge in the county as
16        required by subsection (a) of Section 109-1.
17             (15)  The failure of the State to either indict  the
18        defendant before a grand jury or to provide the defendant
19        a prompt preliminary hearing to establish probable cause.
20        (b)  The  court shall require any motion to dismiss to be
21    filed within a reasonable time after the defendant  has  been
22    arraigned.  Any  motion  not  filed  within  such  time or an
23    extension thereof shall not be considered by  the  court  and
24    the  grounds  therefor,  except  as to subsections (a)(6) and
25    (a)(8) of this Section, are waived.
26        (c)  If the motion presents only  an  issue  of  law  the
27    court  shall  determine  it  without the necessity of further
28    pleadings. If the motion alleges facts not of record  in  the
29    case the State shall file an answer admitting or denying each
30    of the factual allegations of the motion.
31        (d)  When  an  issue  of fact is presented by a motion to
32    dismiss and the answer of the State the court shall conduct a
33    hearing and determine the issues.
34        (d-5)  When a defendant seeks  dismissal  of  the  charge
                            -3-                LRB9202138RCsb
 1    upon  the  ground  set  forth  in  subsection  (a)(7) of this
 2    Section, the defendant shall make a prima facie showing  that
 3    the county is an improper place of trial.  Upon such showing,
 4    the   State   shall   have   the  burden  of  proving,  by  a
 5    preponderance of the evidence, that the county is the  proper
 6    place of trial.
 7        (e)  Dismissal  of  the charge upon the grounds set forth
 8    in subsections (a)(4) through (a)(11) of this  Section  shall
 9    not prevent the return of a new indictment or the filing of a
10    new  charge, and upon such dismissal the court may order that
11    the defendant be held in custody or, if the defendant he  had
12    been  previously  released  on  bail,  that  the  his bail be
13    continued for a specified time pending the return  of  a  new
14    indictment or the filing of a new charge.
15        (f)  If  the  court determines that the motion to dismiss
16    based upon the grounds set forth in  subsections  (a)(6)  and
17    (a)(7)  is  well  founded it may, instead of dismissal, order
18    the cause transferred to a court of competent jurisdiction or
19    to a proper place of trial.
20    (Source: P.A. 89-288, eff. 8-11-95; revised 2-23-00.)

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

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