|
|
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.)
|