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Illinois · Through at least Public Act 104-790

725 ILCS 5/114-8: Motion for severance.

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Where this section sits in the code
  1. CHAPTER 725 CRIMINAL PROCEDURE
  2. Code of Criminal Procedure of 1963.

(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.

Collected 2026-09-15T04:46:42Z. Source file · JSON

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