Illinois General Assembly - Full Text of HB2569
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Full Text of HB2569  99th General Assembly

HB2569sam001 99TH GENERAL ASSEMBLY

Sen. Terry Link

Filed: 5/21/2015

 

 


 

 


 
09900HB2569sam001LRB099 07774 RLC 35917 a

1
AMENDMENT TO HOUSE BILL 2569

2    AMENDMENT NO. ______. Amend House Bill 2569 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 113-4 as follows:
 
6    (725 ILCS 5/113-4)  (from Ch. 38, par. 113-4)
7    Sec. 113-4. Plea. (a) When called upon to plead at
8arraignment the defendant shall be furnished with a copy of the
9charge and shall plead guilty, guilty but mentally ill, or not
10guilty.
11    (b) If the defendant stands mute a plea of not guilty shall
12be entered for him or her and the trial shall proceed on the
13such plea.
14    (c) If the defendant pleads guilty, the such plea shall not
15be accepted until the court shall have fully explained to the
16defendant the following:

 

 

09900HB2569sam001- 2 -LRB099 07774 RLC 35917 a

1        (1) consequences of such plea and the maximum and
2    minimum penalty provided by law for the offense which may
3    be imposed by the court;
4        (2) any possible increased sentence by reason of the
5    fact of a prior conviction and any possibility of the
6    imposition of consecutive sentences; and
7        (3) any registration requirement that may result from
8    the plea.
9After the such explanation, the court shall ask the defendant
10in open court if the consequences of the defendant's guilty
11plea have been fully explained by defendant's counsel. If if
12the defendant answers in the affirmative and understandingly
13persists in his or her plea, it shall be accepted by the court
14and recorded. For purposes of this subsection (c),
15"consequences of the defendant's guilty plea" means
16consequences that the defendant's counsel deems necessary for
17the defendant to make an informed decision. These consequences
18may include, but are not limited to, any possible increased
19sentence for a future conviction, any restrictions associated
20with a registration requirement that may result from the plea,
21or the negative effect the plea may have on the defendant's
22ability to retain or obtain housing, retain or obtain
23employment, retain or obtain an occupational or driver's
24license, retain or obtain custody of a child, acquire loans, or
25possess a firearm.
26    (d) If the defendant pleads guilty but mentally ill, the

 

 

09900HB2569sam001- 3 -LRB099 07774 RLC 35917 a

1court shall not accept that such a plea until the defendant has
2undergone examination by a clinical psychologist or
3psychiatrist and the judge has examined the psychiatric or
4psychological report or reports, held a hearing on the issue of
5the defendant's mental condition and is satisfied that there is
6a factual basis that the defendant was mentally ill at the time
7of the offense to which the plea is entered.
8    (e) If a defendant pleads not guilty, the court shall
9advise him or her at that time or at any later court date on
10which he or she is present that if the defendant he escapes
11from custody or is released on bond and fails to appear in
12court when required by the court that his or her failure to
13appear would constitute a waiver of his or her right to
14confront the witnesses against him or her and trial could
15proceed in his or her absence.
16(Source: P.A. 82-553.)".