Illinois General Assembly - Full Text of HB2569
Illinois General Assembly

Previous General Assemblies

Full Text of HB2569  99th General Assembly

HB2569sam003 99TH GENERAL ASSEMBLY

Sen. Terry Link

Filed: 5/25/2015

 

 


 

 


 
09900HB2569sam003LRB099 07774 RLC 36122 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:

 

 

09900HB2569sam003- 2 -LRB099 07774 RLC 36122 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 explained by defendant's counsel. If if the
12defendant 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 all
16relevant consequences that the defendant's counsel shall
17explain in order for the defendant to make an informed
18decision. These consequences may include, but are not limited
19to, any possible increased sentence for a future conviction,
20any restrictions associated with a registration requirement
21that may result from the plea, or the reasonably foreseeable
22negative effect the plea may have on the defendant's ability to
23retain or obtain housing, retain or obtain employment, retain
24or obtain an occupational or driver's license, retain or obtain
25custody of a child, acquire loans, or possess a firearm. In
26determining what is a "reasonably foreseeable negative

 

 

09900HB2569sam003- 3 -LRB099 07774 RLC 36122 a

1effect", defendant's counsel may take into account the
2defendant's age, education level, prior criminal and driving
3record, the nature and length of any sentence that may or will
4be imposed for the offense, the prior or current employment or
5housing of the defendant, and any other factor in the
6defendant's background that makes it probable that the
7collateral consequence of defendant's conviction would or
8would not affect the defendant.
9    (d) If the defendant pleads guilty but mentally ill, the
10court shall not accept that such a plea until the defendant has
11undergone examination by a clinical psychologist or
12psychiatrist and the judge has examined the psychiatric or
13psychological report or reports, held a hearing on the issue of
14the defendant's mental condition and is satisfied that there is
15a factual basis that the defendant was mentally ill at the time
16of the offense to which the plea is entered.
17    (e) If a defendant pleads not guilty, the court shall
18advise him or her at that time or at any later court date on
19which he or she is present that if the defendant he escapes
20from custody or is released on bond and fails to appear in
21court when required by the court that his or her failure to
22appear would constitute a waiver of his or her right to
23confront the witnesses against him or her and trial could
24proceed in his or her absence.
25(Source: P.A. 82-553.)".