State of Illinois
92nd General Assembly
Legislation

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92_SB1146

 
                                               LRB9202139RCsb

 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 adding Section 115-21 as follows:

 6        (725 ILCS 5/115-21 new)
 7        Sec. 115-21. Prosecutor's misconduct; mistrial.
 8        (a) The court may declare a mistrial in a capital case on
 9    the grounds of a prosecutor's misconduct  during  trial  that
10    the  court  determines is sufficiently material to affect the
11    reliability of the verdict.   Instances  of  such  misconduct
12    include, without limitation, a prosecutor's ad hominem attack
13    on the defendant during the prosecutor's closing argument and
14    a   prosecutor's  making  of  improper  inferences  from  the
15    defendant's failure to testify on his or her own behalf.
16        (b) The court may declare a mistrial under  this  Section
17    on  the  defendant's oral or written motion or on the court's
18    own motion.  Such a motion may be made at any time during the
19    course of the trial.
20        (c) The court may impose sanctions against a  defendant's
21    counsel  if  the  court  determines  that  the counsel made a
22    motion under this Section other than  in  good  faith.    For
23    purposes  of  this  subsection,  a  counsel's motion shall be
24    considered to be in good  faith  if  the  counsel  reasonably
25    believed  that  the  prosecutor's  conduct  was sufficient to
26    warrant the court to declare a mistrial under this Section.

27        Section 99.  Effective date.  This Act takes effect  upon
28    becoming law.

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