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90_HB1140sam001
LRB9002579MWpcam
1 AMENDMENT TO HOUSE BILL 1140
2 AMENDMENT NO. . Amend House Bill 1140 on page 1, by
3 replacing lines 1 and 2 with the following:
4 "AN ACT concerning certain criminal offenses."; and
5 on page 1, by inserting immediately below line 4 the
6 following:
7 "Section 3. The Illinois Municipal Code is amended by
8 changing Section 3.1-10-5 as follows:
9 (65 ILCS 5/3.1-10-5) (from Ch. 24, par. 3.1-10-5)
10 Sec. 3.1-10-5. Qualifications; elective office.
11 (a) A person is not eligible for an elective municipal
12 office unless that person is a qualified elector of the
13 municipality and has resided in the municipality at least one
14 year next preceding the election.
15 (b) A person is not eligible for an elective municipal
16 office if that person is in arrears in the payment of a tax
17 or other indebtedness due to the municipality or has been
18 convicted in any court located in the United States of any
19 infamous crime, bribery, perjury, or other felony unless the
20 conviction and, if punishment included incarceration, release
21 from that incarceration occurred more than 10 years before
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1 that person files a petition of candidacy as defined in
2 Section 1-3 of the Election Code.
3 (c) A person is not eligible for the office of alderman
4 of a ward or trustee of a district unless that person has
5 resided in the municipality, as the case may be, at least one
6 year next preceding the election or appointment, except as
7 provided in subsection (b) of Section 3.1-25-75.
8 (Source: P.A. 87-1119.)"; and
9 on page 3, by inserting below line 28 the following:
10 "Section 10. The Code of Criminal Procedure of 1963 is
11 amended by changing Section 115-4.1 as follows:
12 (725 ILCS 5/115-4.1) (from Ch. 38, par. 115-4.1)
13 Sec. 115-4.1. Absence of defendant. (a) When a defendant
14 after arrest and an initial court appearance for a
15 non-capital felony or a misdemeanor, fails to appear for
16 trial, at the request of the State and after the State has
17 affirmatively proven through substantial evidence that the
18 defendant is willfully avoiding trial, the court may commence
19 trial in the absence of the defendant. Absence of a
20 defendant as specified in this Section shall not be a bar to
21 indictment of a defendant, return of information against a
22 defendant, or arraignment of a defendant for the charge for
23 which bail has been granted. If a defendant fails to appear
24 at arraignment, the court may enter a plea of "not guilty" on
25 his behalf. If a defendant absents himself before trial on a
26 capital felony, trial may proceed as specified in this
27 Section provided that the State certifies that it will not
28 seek a death sentence following conviction. Trial in the
29 defendant's absence shall be by jury unless the defendant had
30 previously waived trial by jury. The absent defendant must
31 be represented by retained or appointed counsel. The court,
32 at the conclusion of all of the proceedings, may order the
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1 clerk of the circuit court to pay counsel such sum as the
2 court deems reasonable, from any bond monies which were
3 posted by the defendant with the clerk, after the clerk has
4 first deducted all court costs. If trial had previously
5 commenced in the presence of the defendant and the defendant
6 willfully absents himself for two successive court days, the
7 court shall proceed to trial. All procedural rights
8 guaranteed by the United States Constitution, Constitution of
9 the State of Illinois, statutes of the State of Illinois, and
10 rules of court shall apply to the proceedings the same as if
11 the defendant were present in court and had not either
12 forfeited his bail bond or escaped from custody. The court
13 may set the case for a trial which may be conducted under
14 this Section despite the failure of the defendant to appear
15 at the hearing at which the trial date is set. When such
16 trial date is set the clerk shall send to the defendant, by
17 certified mail at his last known address indicated on his
18 bond slip, notice of the new date which has been set for
19 trial. Such notification shall be required when the
20 defendant was not personally present in open court at the
21 time when the case was set for trial.
22 (b) The absence of a defendant from a trial conducted
23 pursuant to this Section does not operate as a bar to
24 concluding the trial, to a judgment of conviction resulting
25 therefrom, or to a final disposition of the trial in favor of
26 the defendant.
27 (c) Upon a verdict of not guilty, the court shall enter
28 judgment for the defendant. Upon a verdict of guilty, the
29 court shall set a date for the hearing of post-trial motions
30 and shall hear such motion in the absence of the defendant.
31 If post-trial motions are denied, the court shall proceed to
32 conduct a sentencing hearing and to impose a sentence upon
33 the defendant.
34 (d) A defendant who is absent for part of the
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1 proceedings of trial, post-trial motions, or sentencing, does
2 not thereby forfeit his right to be present at all remaining
3 proceedings.
4 (e) When a defendant who in his absence has been either
5 convicted or sentenced or both convicted and sentenced
6 appears before the court, he must be granted a new trial or
7 new sentencing hearing if the defendant can establish that
8 his failure to appear in court was both without his fault and
9 due to circumstances beyond his control. A hearing with
10 notice to the State's Attorney on the defendant's request for
11 a new trial or a new sentencing hearing must be held before
12 any such request may be granted. At any such hearing both
13 the defendant and the State may present evidence.
14 (f) If the court grants only the defendant's request for
15 a new sentencing hearing, then a new sentencing hearing
16 shall be held in accordance with the provisions of the
17 Unified Code of Corrections. At any such hearing, both the
18 defendant and the State may offer evidence of the defendant's
19 conduct during his period of absence from the court. The
20 court may impose any sentence authorized by the Unified Code
21 of Corrections and is not in any way limited or restricted by
22 any sentence previously imposed.
23 (g) A defendant whose motion under paragraph (e) for a
24 new trial or new sentencing hearing has been denied may file
25 a notice of appeal therefrom. Such notice may also include a
26 request for review of the judgment and sentence not vacated
27 by the trial court.
28 (Source: P.A. 84-945.)".