Illinois General Assembly - Full Text of Public Act 094-0668
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Public Act 094-0668




Public Act 094-0668
HB0215 Enrolled LRB094 05294 RLC 35337 b

    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, subject to constitutional limitations, the impact
upon the alleged victim of multiple trials requiring the
victim's testimony.
(Source: Laws 1963, p. 2836.)

Effective Date: 1/1/2006