725 ILCS 5/114-6
2021 Illinois Compiled Statutes|Chapter 725 - CRIMINAL PROCEDURE|725 ILCS 5/ - Code of Criminal Procedure of 1963.|Title V - Proceedings Prior To Trial

 (from Ch. 38, par. 114-6)Sec. 114-6.         Change of place of trial.)  (a) A defendant may move the  court for a change of place of trial on the ground that there exists in  the county in which the charge is pending such prejudice against him on  the part of the inhabitants that he cannot receive a fair trial in such  county.(b) The motion shall be in writing and supported by affidavit which  shall state facts showing the nature of the prejudice alleged.  The  State may file counter-affidavits.  The court shall conduct a hearing  and determine the merits of the motion.(c) If the court determines that there exists in the county where  the prosecution is pending such prejudice against the defendant that he  cannot receive a fair trial it shall transfer the cause to the circuit  court in any county where a fair trial may be had.(d) In all cases of change of place of trial the clerk of the court  from which the change is granted shall immediately prepare a full transcript  of the record and proceedings in the case, and of the petition, affidavits  and order for the change of place of trial, and transmit the same, together  with all papers filed in the case, including the indictment and recognizances  of the defendant and all witnesses, to the proper court.  If the change  is granted to a part but not all of several defendants, a certified copy  of the indictment or information, and of the other papers in the case, shall  be transmitted to the court to which the change of place of trial is ordered, and  such certified copies shall stand as the originals.  Such transcript and  papers may be transmitted by mail, or in such other way as the court may direct.(e) When the applicant is in custody or confined in jail,  the court shall enter an order directed to  the sheriff or other officer having custody  of the applicant, to remove his body to the common jail of the county to  which the place of trial is changed, and there deliver him  to the keeper of the jail, together with the warrant by virtue  of which he is confined or held in custody, not more than 3 days next before  the day upon which the trial  is to commence in the court; and the sheriff shall obey such  order and shall endorse on such warrant of commitment the reason of the  change of custody, and shall deliver such warrant, with the body of the  prisoner, to the keeper of the jail of the proper county, who shall receive  the same and give to the sheriff a receipt therefor, and shall take charge  of and keep the prisoner in the same manner as if he had originally been  committed to his custody.(f) When the place of trial is  changed in any criminal case, the parties and witnesses, and all others  who may have entered recognizances to attend  the trial of such cause, having notice of the change of place of trial,  must attend at the time and place at which the trial is to be  had according to such change, and a failure to do so shall operate as  a forfeiture of the recognizance.(g) When the place of trial is changed the State's  attorney shall have all the witnesses on the part of the prosecution recognized  to appear at the court to which the change is ordered on the day upon which  the trial is to commence.(h) Upon the termination of any trial, when a change of place  of trial has been  obtained, the clerk of the court in which the trial is had shall submit  a certified statement of all costs, fees, charges, claims and expenses resulting  from such change of place of trial and necessarily incurred  in connection with or  incident to the trial of the case, or any appeal therefrom,  or required in executing any and all orders of the court made in the  case, but shall not include charges for the use of the courtroom  or the facilities thereof,  nor shall it include fees or salaries paid to employees of the county in  which the trial is held, unless it is made necessary by reason of such trial,  and when so certified, the items thereof shall be paid by the county in  which such indictment or information was found to the officers and persons  entitled thereto.  All fines imposed and collected in the county where the  trial is had, shall be paid over to the county in which the indictment or  information was found.    (Source: P.A. 82-280.)