Ill. Admin. Code tit. 95 § 400.540

Current through Register Vol. 48, No. 49, December 6, 2024

Section 400.540 - Changes to Charges and Specifications

a) Minor Changes Defined. Minor changes in charges and specifications are any except those that add a party, offenses or a substantial matter not fairly included in those previously preferred, or that are likely to mislead the accused as to the offenses charged.

b) Minor Changes Before Arraignment. Any person forwarding, acting upon, or prosecuting charges on behalf of the State, except an investigating officer appointed under Section 400.510 may make minor changes to charges or specifications before arraignment.

c) Minor Changes After Arraignment. After arraignment, the military judge may, upon motion, permit minor changes in the charges and specifications at any time before findings are announced if no substantial right of the accused is prejudiced.

d) Major Changes. Changes or amendments to charges or specifications other than minor changes may not be made over the objection of the accused unless the charge or specification affected is preferred anew.

Ill. Admin. Code tit. 95, § 400.540

Adopted at 41 Ill. Reg. 11931, effective 9/14/2017.