Full Text of HB5342 94th General Assembly
HB5342sam002 94TH GENERAL ASSEMBLY
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Sen. Donne E. Trotter
Filed: 3/28/2006
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09400HB5342sam002 |
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LRB094 17436 RLC 57693 a |
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| AMENDMENT TO HOUSE BILL 5342
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| AMENDMENT NO. ______. Amend House Bill 5342 on page 1, by | 3 |
| inserting immediately below line 3 the following:
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| "Section 2. The Code of Criminal Procedure of 1963 is | 5 |
| amended by changing Section 103-5 as follows:
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| (725 ILCS 5/103-5) (from Ch. 38, par. 103-5)
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| Sec. 103-5. Speedy trial.)
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| (a) Every person in custody in this State for an alleged | 9 |
| offense shall
be tried by the court having jurisdiction within | 10 |
| 120 days from the date he
was taken into custody unless delay | 11 |
| is occasioned by the defendant, by an
examination for fitness | 12 |
| ordered pursuant to Section 104-13 of this Act, by
a fitness | 13 |
| hearing, by an adjudication of unfitness to stand trial, by a
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| continuance allowed pursuant to Section 114-4 of this Act after | 15 |
| a court's
determination of the defendant's physical incapacity | 16 |
| for trial, or by an
interlocutory appeal. Delay shall be | 17 |
| considered to be agreed to by the
defendant unless he or she | 18 |
| objects to the delay by making a written demand for
trial or an | 19 |
| oral demand for trial on the record.
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| The 120-day term must be one continuous period of | 21 |
| incarceration. In
computing the 120-day term, separate periods | 22 |
| of incarceration may not be
combined. If a defendant is taken | 23 |
| into custody a second (or subsequent) time
for the same | 24 |
| offense, the term will begin again at day zero.
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LRB094 17436 RLC 57693 a |
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| (b) Every person on bail or recognizance shall be tried by | 2 |
| the court
having jurisdiction within 160 days from the date | 3 |
| defendant demands
trial unless delay is occasioned by the | 4 |
| defendant, by an examination for
fitness ordered pursuant to | 5 |
| Section 104-13 of this Act, by a fitness
hearing, by an | 6 |
| adjudication of unfitness to stand trial, by a continuance
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| allowed pursuant to Section 114-4 of this Act after a court's | 8 |
| determination
of the defendant's physical incapacity for | 9 |
| trial, or by an interlocutory
appeal. The defendant's failure | 10 |
| to appear for any court date set by the
court operates to waive | 11 |
| the defendant's demand for trial made under this
subsection. | 12 |
| The provisions of this subsection (b) do not apply to a person | 13 |
| on bail or recognizance for an offense but who is in custody | 14 |
| for a violation of his or her parole or mandatory supervised | 15 |
| release for another offense.
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| For purposes of computing the 160 day period under this | 17 |
| subsection (b),
every person who was in custody for an alleged | 18 |
| offense and demanded trial
and is subsequently released on bail | 19 |
| or recognizance and demands trial,
shall be given credit for | 20 |
| time spent in custody following the making of the
demand while | 21 |
| in custody. Any demand for trial made under this
subsection (b)
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| shall be in writing; and in the
case of a defendant not in | 23 |
| custody, the
demand for trial shall include the date of any | 24 |
| prior demand made under this
provision while the defendant was | 25 |
| in custody.
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| (c) If the court determines that the State has exercised | 27 |
| without
success due diligence to obtain evidence material to | 28 |
| the case and that
there are reasonable grounds to believe that | 29 |
| such evidence may be
obtained at a later day the court may | 30 |
| continue the cause on application
of the State for not more | 31 |
| than an additional 60 days. If the court
determines that the | 32 |
| State has exercised without success due diligence to
obtain | 33 |
| results of DNA testing that is material to the case and that | 34 |
| there
are reasonable grounds to believe that such results may |
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LRB094 17436 RLC 57693 a |
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| be obtained at a
later day, the court may continue the cause on | 2 |
| application of the State for
not more than an additional 120 | 3 |
| days.
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| (d) Every person not tried in accordance with subsections | 5 |
| (a), (b)
and (c) of this Section shall be discharged from | 6 |
| custody or released
from the obligations of his bail or | 7 |
| recognizance.
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| (e) If a person is simultaneously in custody upon more than | 9 |
| one
charge pending against him in the same county, or | 10 |
| simultaneously demands
trial upon more than one charge pending | 11 |
| against him in the same county,
he shall be tried, or adjudged | 12 |
| guilty after waiver of trial, upon at
least one such charge | 13 |
| before expiration relative to any of such pending
charges of | 14 |
| the period prescribed by subsections (a) and (b) of this
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| Section. Such person shall be tried upon all of the remaining | 16 |
| charges
thus pending within 160 days from the date on which | 17 |
| judgment relative to
the first charge thus prosecuted is | 18 |
| rendered pursuant to the Unified Code of
Corrections or, if | 19 |
| such trial upon such first charge is terminated
without | 20 |
| judgment and there is no subsequent trial of, or adjudication | 21 |
| of
guilt after waiver of trial of, such first charge within a | 22 |
| reasonable
time, the person shall be tried upon all of the | 23 |
| remaining charges thus
pending within 160 days from the date on | 24 |
| which such trial is terminated;
if either such period of 160 | 25 |
| days expires without the commencement of
trial of, or | 26 |
| adjudication of guilt after waiver of trial of, any of such
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| remaining charges thus pending, such charge or charges shall be
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| dismissed and barred for want of prosecution unless delay is | 29 |
| occasioned
by the defendant, by an examination for fitness | 30 |
| ordered pursuant to
Section 104-13 of this Act, by a fitness | 31 |
| hearing, by an adjudication
of unfitness for trial, by a | 32 |
| continuance allowed pursuant to Section
114-4 of this Act after | 33 |
| a court's determination of the defendant's
physical incapacity | 34 |
| for trial, or by an interlocutory appeal; provided,
however, |
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LRB094 17436 RLC 57693 a |
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| that if the court determines that the State has exercised
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| without success due diligence to obtain evidence material to | 3 |
| the case
and that there are reasonable grounds to believe that | 4 |
| such evidence may
be obtained at a later day the court may | 5 |
| continue the cause on
application of the State for not more | 6 |
| than an additional 60 days.
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| (f) Delay occasioned by the defendant shall temporarily | 8 |
| suspend for
the time of the delay the period within which a | 9 |
| person shall be tried as
prescribed by subsections (a), (b), or | 10 |
| (e) of this Section and on the
day of expiration of the delay | 11 |
| the said period shall continue at the
point at which it was | 12 |
| suspended. Where such delay occurs within 21 days
of the end of | 13 |
| the period within which a person shall be tried as
prescribed | 14 |
| by subsections (a), (b), or (e) of this Section, the court
may | 15 |
| continue the cause on application of the State for not more | 16 |
| than an
additional 21 days beyond the period prescribed by | 17 |
| subsections (a), (b), or
(e). This subsection (f) shall become | 18 |
| effective on, and apply to persons
charged with alleged | 19 |
| offenses committed on or after, March 1, 1977.
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| (Source: P.A. 90-705, eff. 1-1-99; 91-123, eff. 1-1-00.)".
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