Full Text of HB5431 102nd General Assembly
HB5431 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB5431 Introduced 1/31/2022, by Rep. Deanne M. Mazzochi SYNOPSIS AS INTRODUCED: |
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725 ILCS 5/103-5 | from Ch. 38, par. 103-5 |
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Amends the Code of Criminal Procedure of 1963. Provides that a trial may not be delayed absent consent by the person or persons charged merely because of COVID-19, but that consent may not be unreasonably withheld. Provides that to stop or suspend a trial in progress or to not timely commence a trial that has been scheduled requires an individual quarantine order, medical order, or active infection of COVID-19 in the judge, a juror, a witness, a party, or legal counsel. Provides that the court may make reasonable efforts and accommodations for a trial in progress to stop or suspend the trial for a limited time or take other remedial measures that are in the best interests of the trial participants' health and safety, including, but not limited to, severing charges or persons, revisions to witness order, or seating of alternate jurors, but measures shall not include obligating the person or persons charged to modify legal counsel or obligating the accused to not call a witness in defense. Provides that the remedy for a violation of this subsection is securing injunctive relief to resume trial and, if the person or persons charged are granted the injunction to resume the trial, the moving party or parties shall be afforded reasonable costs and attorney's fees. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended by changing Section 103-5 as follows:
| 6 | | (725 ILCS 5/103-5) (from Ch. 38, par. 103-5)
| 7 | | (Text of Section before amendment by P.A. 101-652 )
| 8 | | Sec. 103-5. Speedy trial.) | 9 | | (a) Every person in custody in this State for an alleged | 10 | | offense shall
be tried by the court having jurisdiction within | 11 | | 120 days from the date he or she
was taken into custody unless | 12 | | delay is occasioned by the defendant, by an
examination for | 13 | | fitness ordered pursuant to Section 104-13 of this Act, by
a | 14 | | fitness hearing, by an adjudication of unfitness to stand | 15 | | trial, by a
continuance allowed pursuant to Section 114-4 of | 16 | | this Act after a court's
determination of the defendant's | 17 | | physical incapacity for trial, or by an
interlocutory appeal. | 18 | | Delay shall be considered to be agreed to by the
defendant | 19 | | unless he or she objects to the delay by making a written | 20 | | demand for
trial or an oral demand for trial on the record. The | 21 | | provisions of this subsection
(a) do not apply to a person on | 22 | | bail or recognizance for an offense
but who is in custody for a | 23 | | violation of his or her parole, aftercare release, or |
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| 1 | | mandatory
supervised release for another offense.
| 2 | | The 120-day term must be one continuous period of | 3 | | incarceration. In
computing the 120-day term, separate periods | 4 | | of incarceration may not be
combined. If a defendant is taken | 5 | | into custody a second (or subsequent) time
for the same | 6 | | offense, the term will begin again at day zero.
| 7 | | (b) Every person on bail or recognizance shall be tried by | 8 | | the court
having jurisdiction within 160 days from the date | 9 | | defendant demands
trial unless delay is occasioned by the | 10 | | defendant, by an examination for
fitness ordered pursuant to | 11 | | Section 104-13 of this Act, by a fitness
hearing, by an | 12 | | adjudication of unfitness to stand trial, by a continuance
| 13 | | allowed pursuant to Section 114-4 of this Act after a court's | 14 | | determination
of the defendant's physical incapacity for | 15 | | trial, or by an interlocutory
appeal. The defendant's failure | 16 | | to appear for any court date set by the
court operates to waive | 17 | | the defendant's demand for trial made under this
subsection.
| 18 | | For purposes of computing the 160 day period under this | 19 | | subsection (b),
every person who was in custody for an alleged | 20 | | offense and demanded trial
and is subsequently released on | 21 | | bail or recognizance and demands trial,
shall be given credit | 22 | | for time spent in custody following the making of the
demand | 23 | | while in custody. Any demand for trial made under this
| 24 | | subsection (b)
shall be in writing; and in the
case of a | 25 | | defendant not in custody, the
demand for trial shall include | 26 | | the date of any prior demand made under this
provision while |
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| 1 | | the defendant was in custody.
| 2 | | (c) If the court determines that the State has exercised | 3 | | without
success due diligence to obtain evidence material to | 4 | | the case and that
there are reasonable grounds to believe that | 5 | | such evidence may be
obtained at a later day the court may | 6 | | continue the cause on application
of the State for not more | 7 | | than an additional 60 days. If the court
determines that the | 8 | | State has exercised without success due diligence to
obtain | 9 | | results of DNA testing that is material to the case and that | 10 | | there
are reasonable grounds to believe that such results may | 11 | | be obtained at a
later day, the court may continue the cause on | 12 | | application of the State for
not more than an additional 120 | 13 | | days.
| 14 | | (d) Every person not tried in accordance with subsections | 15 | | (a), (b)
and (c) of this Section shall be discharged from | 16 | | custody or released
from the obligations of his bail or | 17 | | recognizance.
| 18 | | (e) If a person is simultaneously in custody upon more | 19 | | than one
charge pending against him in the same county, or | 20 | | simultaneously demands
trial upon more than one charge pending | 21 | | against him in the same county,
he shall be tried, or adjudged | 22 | | guilty after waiver of trial, upon at
least one such charge | 23 | | before expiration relative to any of such pending
charges of | 24 | | the period prescribed by subsections (a) and (b) of this
| 25 | | Section. Such person shall be tried upon all of the remaining | 26 | | charges
thus pending within 160 days from the date on which |
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| 1 | | judgment relative to
the first charge thus prosecuted is | 2 | | rendered pursuant to the Unified Code of
Corrections or, if | 3 | | such trial upon such first charge is terminated
without | 4 | | judgment and there is no subsequent trial of, or adjudication | 5 | | of
guilt after waiver of trial of, such first charge within a | 6 | | reasonable
time, the person shall be tried upon all of the | 7 | | remaining charges thus
pending within 160 days from the date | 8 | | on which such trial is terminated;
if either such period of 160 | 9 | | days expires without the commencement of
trial of, or | 10 | | adjudication of guilt after waiver of trial of, any of such
| 11 | | remaining charges thus pending, such charge or charges shall | 12 | | be
dismissed and barred for want of prosecution unless delay | 13 | | is occasioned
by the defendant, by an examination for fitness | 14 | | ordered pursuant to
Section 104-13 of this Act, by a fitness | 15 | | hearing, by an adjudication
of unfitness for trial, by a | 16 | | continuance allowed pursuant to Section
114-4 of this Act | 17 | | after a court's determination of the defendant's
physical | 18 | | incapacity for trial, or by an interlocutory appeal; provided,
| 19 | | however, that if the court determines that the State has | 20 | | exercised
without success due diligence to obtain evidence | 21 | | material to the case
and that there are reasonable grounds to | 22 | | believe that such evidence may
be obtained at a later day the | 23 | | court may continue the cause on
application of the State for | 24 | | not more than an additional 60 days.
| 25 | | (f) Delay occasioned by the defendant shall temporarily | 26 | | suspend for
the time of the delay the period within which a |
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| 1 | | person shall be tried as
prescribed by subsections (a), (b), | 2 | | or (e) of this Section and on the
day of expiration of the | 3 | | delay the said period shall continue at the
point at which it | 4 | | was suspended. Where such delay occurs within 21 days
of the | 5 | | end of the period within which a person shall be tried as
| 6 | | prescribed by subsections (a), (b), or (e) of this Section, | 7 | | the court
may continue the cause on application of the State | 8 | | for not more than an
additional 21 days beyond the period | 9 | | prescribed by subsections (a), (b), or
(e). This subsection | 10 | | (f) shall become effective on, and apply to persons
charged | 11 | | with alleged offenses committed on or after, March 1, 1977.
| 12 | | (g) Notwithstanding any other provision of this Section to | 13 | | the contrary, a trial may not be delayed absent consent by the | 14 | | person or persons charged merely because of COVID-19. However, | 15 | | consent may not be unreasonably withheld. To stop or suspend a | 16 | | trial in progress or to not timely commence a trial that has | 17 | | been scheduled requires an individual quarantine order, | 18 | | medical order, or active infection of COVID-19 in the judge, a | 19 | | juror, a witness, a party, or legal counsel. The court may make | 20 | | reasonable efforts and accommodations for a trial in progress | 21 | | to stop or suspend the trial for a limited time or take other | 22 | | remedial measures that are in the best interests of the trial | 23 | | participants' health and safety, including, but not limited | 24 | | to, severing charges or persons, revisions to witness order, | 25 | | or seating of alternate jurors, but measures shall not include | 26 | | obligating the person or persons charged to modify legal |
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| 1 | | counsel or obligating the accused to not call a witness in | 2 | | defense. | 3 | | The remedy for a violation of this subsection is securing | 4 | | injunctive relief to resume trial. If the person or persons | 5 | | charged are granted the injunction to resume the trial, the | 6 | | moving party or parties shall be afforded reasonable costs and | 7 | | attorney's fees. | 8 | | (Source: P.A. 98-558, eff. 1-1-14.)
| 9 | | (Text of Section after amendment by P.A. 101-652 )
| 10 | | Sec. 103-5. Speedy trial.) | 11 | | (a) Every person in custody in this State for an alleged | 12 | | offense shall
be tried by the court having jurisdiction within | 13 | | 120 days from the date he or she
was taken into custody unless | 14 | | delay is occasioned by the defendant, by an
examination for | 15 | | fitness ordered pursuant to Section 104-13 of this Act, by
a | 16 | | fitness hearing, by an adjudication of unfitness to stand | 17 | | trial, by a
continuance allowed pursuant to Section 114-4 of | 18 | | this Act after a court's
determination of the defendant's | 19 | | physical incapacity for trial, or by an
interlocutory appeal. | 20 | | Delay shall be considered to be agreed to by the
defendant | 21 | | unless he or she objects to the delay by making a written | 22 | | demand for
trial or an oral demand for trial on the record. The | 23 | | provisions of this subsection
(a) do not apply to a person on | 24 | | pretrial release or recognizance for an offense
but who is in | 25 | | custody for a violation of his or her parole, aftercare |
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| 1 | | release, or mandatory
supervised release for another offense.
| 2 | | The 120-day term must be one continuous period of | 3 | | incarceration. In
computing the 120-day term, separate periods | 4 | | of incarceration may not be
combined. If a defendant is taken | 5 | | into custody a second (or subsequent) time
for the same | 6 | | offense, the term will begin again at day zero.
| 7 | | (b) Every person on pretrial release or recognizance shall | 8 | | be tried by the court
having jurisdiction within 160 days from | 9 | | the date defendant demands
trial unless delay is occasioned by | 10 | | the defendant, by an examination for
fitness ordered pursuant | 11 | | to Section 104-13 of this Act, by a fitness
hearing, by an | 12 | | adjudication of unfitness to stand trial, by a continuance
| 13 | | allowed pursuant to Section 114-4 of this Act after a court's | 14 | | determination
of the defendant's physical incapacity for | 15 | | trial, or by an interlocutory
appeal. The defendant's failure | 16 | | to appear for any court date set by the
court operates to waive | 17 | | the defendant's demand for trial made under this
subsection.
| 18 | | For purposes of computing the 160 day period under this | 19 | | subsection (b),
every person who was in custody for an alleged | 20 | | offense and demanded trial
and is subsequently released on | 21 | | pretrial release or recognizance and demands trial,
shall be | 22 | | given credit for time spent in custody following the making of | 23 | | the
demand while in custody. Any demand for trial made under | 24 | | this
subsection (b)
shall be in writing; and in the
case of a | 25 | | defendant not in custody, the
demand for trial shall include | 26 | | the date of any prior demand made under this
provision while |
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| 1 | | the defendant was in custody.
| 2 | | (c) If the court determines that the State has exercised | 3 | | without
success due diligence to obtain evidence material to | 4 | | the case and that
there are reasonable grounds to believe that | 5 | | such evidence may be
obtained at a later day the court may | 6 | | continue the cause on application
of the State for not more | 7 | | than an additional 60 days. If the court
determines that the | 8 | | State has exercised without success due diligence to
obtain | 9 | | results of DNA testing that is material to the case and that | 10 | | there
are reasonable grounds to believe that such results may | 11 | | be obtained at a
later day, the court may continue the cause on | 12 | | application of the State for
not more than an additional 120 | 13 | | days.
| 14 | | (d) Every person not tried in accordance with subsections | 15 | | (a), (b)
and (c) of this Section shall be discharged from | 16 | | custody or released
from the obligations of his pretrial | 17 | | release or recognizance.
| 18 | | (e) If a person is simultaneously in custody upon more | 19 | | than one
charge pending against him in the same county, or | 20 | | simultaneously demands
trial upon more than one charge pending | 21 | | against him in the same county,
he shall be tried, or adjudged | 22 | | guilty after waiver of trial, upon at
least one such charge | 23 | | before expiration relative to any of such pending
charges of | 24 | | the period prescribed by subsections (a) and (b) of this
| 25 | | Section. Such person shall be tried upon all of the remaining | 26 | | charges
thus pending within 160 days from the date on which |
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| 1 | | judgment relative to
the first charge thus prosecuted is | 2 | | rendered pursuant to the Unified Code of
Corrections or, if | 3 | | such trial upon such first charge is terminated
without | 4 | | judgment and there is no subsequent trial of, or adjudication | 5 | | of
guilt after waiver of trial of, such first charge within a | 6 | | reasonable
time, the person shall be tried upon all of the | 7 | | remaining charges thus
pending within 160 days from the date | 8 | | on which such trial is terminated;
if either such period of 160 | 9 | | days expires without the commencement of
trial of, or | 10 | | adjudication of guilt after waiver of trial of, any of such
| 11 | | remaining charges thus pending, such charge or charges shall | 12 | | be
dismissed and barred for want of prosecution unless delay | 13 | | is occasioned
by the defendant, by an examination for fitness | 14 | | ordered pursuant to
Section 104-13 of this Act, by a fitness | 15 | | hearing, by an adjudication
of unfitness for trial, by a | 16 | | continuance allowed pursuant to Section
114-4 of this Act | 17 | | after a court's determination of the defendant's
physical | 18 | | incapacity for trial, or by an interlocutory appeal; provided,
| 19 | | however, that if the court determines that the State has | 20 | | exercised
without success due diligence to obtain evidence | 21 | | material to the case
and that there are reasonable grounds to | 22 | | believe that such evidence may
be obtained at a later day the | 23 | | court may continue the cause on
application of the State for | 24 | | not more than an additional 60 days.
| 25 | | (f) Delay occasioned by the defendant shall temporarily | 26 | | suspend for
the time of the delay the period within which a |
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| 1 | | person shall be tried as
prescribed by subsections (a), (b), | 2 | | or (e) of this Section and on the
day of expiration of the | 3 | | delay the said period shall continue at the
point at which it | 4 | | was suspended. Where such delay occurs within 21 days
of the | 5 | | end of the period within which a person shall be tried as
| 6 | | prescribed by subsections (a), (b), or (e) of this Section, | 7 | | the court
may continue the cause on application of the State | 8 | | for not more than an
additional 21 days beyond the period | 9 | | prescribed by subsections (a), (b), or
(e). This subsection | 10 | | (f) shall become effective on, and apply to persons
charged | 11 | | with alleged offenses committed on or after, March 1, 1977.
| 12 | | (g) Notwithstanding any other provision of this Section to | 13 | | the contrary, a trial may not be delayed absent consent by the | 14 | | person or persons charged merely because of COVID-19. However, | 15 | | consent may not be unreasonably withheld. To stop or suspend a | 16 | | trial in progress or to not timely commence a trial that has | 17 | | been scheduled requires an individual quarantine order, | 18 | | medical order, or active infection of COVID-19 in the judge, a | 19 | | juror, a witness, a party, or legal counsel. The court may make | 20 | | reasonable efforts and accommodations for a trial in progress | 21 | | to stop or suspend the trial for a limited time or take other | 22 | | remedial measures that are in the best interests of the trial | 23 | | participants' health and safety, including, but not limited | 24 | | to, severing charges or persons, revisions to witness order, | 25 | | or seating of alternate jurors, but measures shall not include | 26 | | obligating the person or persons charged to modify legal |
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| 1 | | counsel or obligating the accused to not call a witness in | 2 | | defense. | 3 | | The remedy for a violation of this subsection is securing | 4 | | injunctive relief to resume trial. If the person or persons | 5 | | charged are granted the injunction to resume the trial, the | 6 | | moving party or parties shall be afforded reasonable costs and | 7 | | attorney's fees. | 8 | | (Source: P.A. 101-652, eff. 1-1-23.)
| 9 | | Section 95. No acceleration or delay. Where this Act makes | 10 | | changes in a statute that is represented in this Act by text | 11 | | that is not yet or no longer in effect (for example, a Section | 12 | | represented by multiple versions), the use of that text does | 13 | | not accelerate or delay the taking effect of (i) the changes | 14 | | made by this Act or (ii) provisions derived from any other | 15 | | Public Act. | 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
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