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IL HB5292
Bill
Status
1/8/2013
Primary Sponsor
Naomi Jakobsson
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AI Summary
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Adds Section 114-1.5 to the Code of Criminal Procedure of 1963 to allow courts to dismiss indictments, informations, or complaints with prejudice in the interest of justice even without grounds specified in existing law.
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Dismissal is permitted when a compelling factor, consideration, or circumstance clearly demonstrates that conviction or prosecution would constitute or result in injustice, determined at the court's judicial discretion.
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Establishes ten factors courts must examine when determining whether to dismiss, including offense seriousness, harm caused, evidence of guilt, defendant's history and condition, law enforcement misconduct, sentence impact, public confidence effects, community safety impacts, victim attitude, and any other relevant facts indicating conviction serves no useful purpose.
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Allows dismissal motions to be filed by the court on its own motion, by the State, or by the defendant before trial unless grounds were unknown or opportunity did not exist; court must state reasons for dismissal on the record.
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Permits courts to determine purely legal motions without additional pleadings and to conduct hearings for factual issues, allowing hearsay and affidavit evidence on secondary matters such as chain of custody, evidence possession, and official records.
Legislative Description
CRIM PRO-CHARGE-DISMISSAL
Last Action
Session Sine Die
1/8/2013