97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5292

 

Introduced 2/8/2012, by Rep. Naomi D. Jakobsson

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 5/114-1.5 new

    Amends the Code of Criminal Procedure of 1963. Provides that the court may dismiss an indictment, information, or complaint with prejudice in furtherance of justice, even though there may be no basis for dismissal upon grounds specified in the Code. Provides that such dismissal is required as a matter of judicial discretion by the existence of some compelling factor, consideration, or circumstance clearly demonstrating that conviction or prosecution of the defendant upon such indictment, information, or complaint would constitute or result in injustice. Establishes factors that the court shall use in making its determination.


LRB097 13614 RLC 58150 b

 

 

A BILL FOR

 

HB5292LRB097 13614 RLC 58150 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by adding Section 114-1.5 as follows:
 
6    (725 ILCS 5/114-1.5 new)
7    Sec. 114-1.5. Motion to dismiss charge in the interest of
8justice.
9    (a) An indictment, information, or complaint may be
10dismissed with prejudice in furtherance of justice, even though
11there may be no basis for dismissal upon any ground specified
12in Section 114-1 of this Code. Such dismissal is required as a
13matter of judicial discretion by the existence of some
14compelling factor, consideration, or circumstance clearly
15demonstrating that conviction or prosecution of the defendant
16upon such indictment, information, or complaint would
17constitute or result in injustice. In determining whether such
18compelling factor, consideration, or circumstance exists, the
19court must, to the extent applicable, examine and consider,
20individually and collectively, the following:
21        (1) the seriousness and circumstances of the offense;
22        (2) the extent of harm caused by the offense;
23        (3) the evidence of guilt, whether admissible or

 

 

HB5292- 2 -LRB097 13614 RLC 58150 b

1    inadmissible, at trial;
2        (4) the history, character, and condition of the
3    defendant including mental health and physical issues;
4        (5) any exceptionally serious misconduct of law
5    enforcement personnel in the investigation, arrest, and
6    prosecution of the defendant;
7        (6) the purpose and effect of imposing upon the
8    defendant a sentence authorized for the offense;
9        (7) the impact of a dismissal upon the confidence of
10    the public in the criminal justice system;
11        (8) the impact of a dismissal on the safety or welfare
12    of the community;
13        (9) if the court deems it appropriate, the attitude of
14    the complainant or victim with respect to the motion;
15        (10) any other relevant fact indicating that a judgment
16    of conviction would serve no useful purpose.
17    (b) An order dismissing an indictment, information, or
18complaint in the interest of justice may be issued by the court
19on its own motion or after a written motion filed by the State
20or the defendant. Such a motion shall be filed before trial
21unless opportunity did not exist or the State or defendant was
22not aware of the grounds for the motion. Upon issuing an order
23dismissing the indictment, information, or complaint, the
24court must set forth its reasons upon the record.
25    (c) If the motion presents only an issue of law the court
26shall determine it without the necessity of further pleadings.

 

 

HB5292- 3 -LRB097 13614 RLC 58150 b

1When an issue of fact is presented by a motion to dismiss, the
2court shall conduct a hearing and determine the issues. The
3court may admit hearsay or affidavit evidence on secondary
4matters such as testimony to establish chain of custody,
5possession of physical evidence, laboratory or medical
6reports, authenticity of transcripts taken by official court
7reporters, court and business records, and public documents.