§ 114-1 — Motion to dismiss charge

Illinois § 114-1

• Jurisdiction: Illinois
• Topic: RIGHTS AND REMEDIES
• Ch. 725: CRIMINAL PROCEDURE
• Act 725 ILCS 5/: Code of Criminal Procedure of 1963.
• Art.: Title V - Proceedings Prior To Trial

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(a) Upon the written motion of the defendant made prior to trial before or after a plea has been entered the court may dismiss the indictment, information or complaint upon any of the following grounds: (1) The defendant has not been placed on trial in compliance with Section 103-5 of this Code. (2) The prosecution of the offense is barred by Sections 3-3 through 3-8 of the Criminal Code of 2012. (3) The defendant has received immunity from prosecution for the offense charged. (4) The indictment was returned by a Grand Jury which was improperly selected and which results in substantial injustice to the defendant. (5) The indictment was returned by a Grand Jury which acted contrary to Article 112 of this Code and which results in substantial injustice to the defendant. (6) The court in which the charge has been filed does not have jurisdiction. (7) The county is an improper place of trial. (8) The charge does not state an offense. (9) The indictment is based solely upon the testimony of an incompetent witness. (10) The defendant is misnamed in the charge and the misnomer results in substantial injustice to the defendant. (11) The requirements of Section 109-3.1 have not been complied with. (b) The court shall require any motion to dismiss to be filed within a reasonable time after the defendant has been arraigned. Any motion not filed within such time or an extension thereof shall not be considered by the court and the grounds therefor, except as to subsections (a)(6) and (a)(8) of this Section, are waived. (c) If the motion presents only an issue of law the court shall determine it without the necessity of further pleadings. If the motion alleges facts not of record in the case the State shall file an answer admitting or denying each of the factual allegations of the motion. (d) When an issue of fact is presented by a motion to dismiss and the answer of the State the court shall conduct a hearing and determine the issues. (d-5) When a defendant seeks dismissal of the charge upon the ground set forth in subsection (a)(7) of this Section, the defendant shall make a prima facie showing that the county is an improper place of trial. Upon such showing, the State shall have the burden of proving, by a preponderance of the evidence, that the county is the proper place of trial. (d-6) When a defendant seeks dismissal of the charge upon the grounds set forth in subsection (a)(2) of this Section, the prosecution shall have the burden of proving, by a preponderance of the evidence, that the prosecution of the offense is not barred by Sections 3-3 through 3-8 of the Criminal Code of 2012. (e) Dismissal of the charge upon the grounds set forth in subsections (a)(4) through (a)(11) of this Section shall not prevent the return of a new indictment or the filing of a new charge, and upon such dismissal the court may order that the defendant be held in custody or, if the defendant had been previously released on pretrial release, that the pretrial release be continued for a specified time pending the return of a new indictment or the filing of a new charge. (f) If the court determines that the motion to dismiss based upon the grounds set forth in subsections (a)(6) and (a)(7) is well founded it may, instead of dismissal, order the cause transferred to a court of competent jurisdiction or to a proper place of trial.

Legislative History

(Source: P.A. 100-434, eff. 1-1-18; 101-652, eff. 1-1-23 .)