94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1587


 
Introduced 2/15/2005, by Rep. Lou Lang
 
SYNOPSIS AS INTRODUCED:
 		














725 ILCS 5/104-20
  from Ch. 38, par. 104-20







    Amends the Code of Criminal Procedure of 1963.  Provides that when the court receives a progress report from the supervisor of a defendant who is unfit to stand trial, the court shall set a first hearing within 21 days for a determination of whether  the defendant has attained fitness to stand trial or to plead and if not whether the defendant is making progress under treatment toward attainment of  fitness within one year from the date of the original finding of unfitness. Effective immediately.
















LRB094 10539 RLC 40816 b

















 


 


A BILL FOR









 











HB1587

LRB094 10539 RLC 40816 b






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    AN ACT concerning criminal law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Code of Criminal Procedure of 1963 is 
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amended  by changing Section 104-20 as follows:
 



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    (725 ILCS 5/104-20)  (from Ch. 38, par. 104-20)



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    Sec. 104-20. Ninety-Day Hearings; Continuing Treatment.) 
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(a) Upon entry
or continuation of any order to undergo 
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treatment, the court shall set a
date for hearing to reexamine 
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the issue of the defendant's fitness not more
than 90 days 
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thereafter.  In addition, whenever the court receives a report

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from the supervisor of the defendant's treatment pursuant to 
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subparagraph
(2) or (3) of paragraph (a) of Section 104-18, the 
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court shall forthwith
set the matter for a first hearing within 
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21 days.  On the date set or upon conclusion of the matter
then 
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pending before it, the court, sitting without a jury, shall 
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conduct
a hearing, unless waived by the defense, and shall 
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determine:

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    (1) Whether the defendant is fit to stand trial or to 
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plead; and if not,

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    (2) Whether the defendant is making progress under 
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treatment toward attainment
of fitness within one year from the 
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date of the original finding
of unfitness.

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    (b) If the court finds the defendant to be fit pursuant to 
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this Section,
the court shall set the matter for trial; 
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provided that if the defendant
is in need of continued care or 
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treatment and the supervisor of the defendant's
treatment 
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agrees to continue to provide it, the court may enter any order

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it deems appropriate for the continued care or treatment of the 
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defendant
by the facility or program pending the conclusion of 
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the criminal proceedings.

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    (c) If the court finds that the defendant is still unfit 
 


 






HB1587
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LRB094 10539 RLC 40816 b




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but that he is
making progress toward attaining fitness, the 
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court may continue or modify
its original treatment order 
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entered pursuant to Section 104-17.

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    (d) If the court finds that the defendant is still unfit 
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and that he is
not making progress toward attaining fitness 
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such that there is not a
substantial probability that he will 
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attain fitness within one year from
the date of the original 
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finding of unfitness, the court shall proceed pursuant
to 
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Section 104-23.  However, if the defendant is in need of 
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continued care
and treatment and the supervisor of the 
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defendant's treatment agrees to
continue to provide it, the 
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court may enter any order it deems appropriate
for the 
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continued care or treatment by the facility or program pending 
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the
conclusion of the criminal proceedings.

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(Source: P.A. 81-1217.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.