(d) The court may upon the written motion of either party or upon the
court's own motion order a continuance for grounds not stated in
subsections (b) and (c) of this Section if he finds that the interests
of justice so require.
(e) All motions for continuance are addressed to the discretion of
the trial court and shall be considered in the light of the diligence
shown on the part of the movant. Where 1 year has expired since the filing
of an information or indictments, filed after January 1, 1980, if the court
finds that the State has failed to use due diligence in bringing the case
to trial, the court may, after a hearing had on the cause, on its own
motion, dismiss the information or indictment. Any demand that the
defendant had made for a speedy trial under Section 103-5 of this code
shall not abate if the State files a new information or the grand jury
reindicts in the cause.
After a hearing has been held upon the issue of the State's diligence and
the court has found that the State has failed to use due diligence in pursuing
the prosecution, the court may not dismiss the indictment or information
without granting the State one more court date upon which to proceed. Such
date shall be not less than 14 nor more than 30 days from the date of the
court's finding. If the State is not prepared to proceed upon that date,
the court shall dismiss the indictment or information, as provided in
this Section.
(f) After trial has begun a reasonably brief continuance may be
granted to either side in the interests of justice.
(g) During the time the General Assembly is in session, the court
shall, on motion of either party or on its own motion, grant a
continuance where the party or his attorney is a member of either house
of the General Assembly whose presence is necessary for the full, fair
trial of the cause and, in the case of an attorney, where the attorney
was retained by the party before the cause was set for trial.
(h) This Section shall be construed to the end that criminal cases
are tried with due diligence consonant with the rights of the defendant
and the State to a speedy, fair and impartial trial.
(i) Physical incapacity of a defendant may be grounds for a
continuance at any time. If, upon written motion of the defendant or the State
or upon the court's own motion, and after presentation of affidavits or
evidence, the court determines that the defendant is physically unable
to appear in court or to assist in his defense, or that such appearance
would endanger his health or result in substantial prejudice, a
continuance shall be granted. If such continuance precedes the
appearance of counsel for such defendant the court shall simultaneously
appoint counsel in the manner prescribed by Section 113-3 of this Act.
Such continuance shall suspend the provisions of Section 103-5 of this
Act, which periods of time limitation shall commence anew when the
court, after presentation of additional affidavits or evidence, has
determined that such physical incapacity has been substantially removed.
(j) In actions arising out of building code violations or violations
of municipal ordinances caused by the failure of a building or structure
to conform to the minimum standards of health and safety, the court shall
grant a continuance only upon a written motion by the party seeking the
continuance specifying the reason why such continuance should be granted.
(k) In prosecutions for violations of Section 10-1, 10-2, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
12-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 involving a victim or witness
who is a minor under 18 years of age, the court shall, in ruling on any
motion or other request for a delay or continuance of proceedings, consider
and give weight to the adverse impact the delay or continuance may have on
the well-being of a child or witness.
(l) The court shall consider the age of the victim and the condition
of the victim's health when ruling on a motion for a continuance.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
|
