HB0215 94TH GENERAL ASSEMBLY

LRB094 05294 RLC 35337 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0215

Introduced 1/13/2005, by Rep. William Delgado

SYNOPSIS AS INTRODUCED:

725 ILCS 5/114-8

from Ch. 38, par. 114-8

Amends the Code of Criminal Procedure of 1963. Provides that in the case of a prosecution of multiple defendants for criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse arising out of the same course of conduct, the court, in deciding a motion to sever the charges and try the defendants separately, must consider the impact upon the alleged victim of multiple trials requiring the victim's testimony.

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The Code of Criminal Procedure of 1963 is amended by changing Section 114-8 as follows:

(725 ILCS 5/114-8) (from Ch. 38, par. 114-8)

Sec. 114-8. Motion for severance.

(a) If it appears that a defendant or the State is prejudiced by a joinder of related prosecutions or defendants in a single charge or by joinder of separate charges or defendants for trial the court may order separate trials, grant a severance of defendants, or provide any other relief as justice may require.

(b) In the case of a prosecution of multiple defendants for criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse arising out of the same course of conduct, the court, in deciding a motion to sever the charges and try the defendants separately, must consider the impact upon the alleged victim of multiple trials requiring the victim's testimony.

(Source: Laws 1963, p. 2836.)