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| [ House Amendment 001 ] |
90_HB2172
725 ILCS 5/115-4.1 from Ch. 38, par. 115-4.1
Amends the Code of Criminal Procedure of 1963. Makes a
grammatical change in Section relating to absent defendants.
LRB9005395RCcd
LRB9005395RCcd
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Section 115-4.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Criminal Procedure of 1963 is
6 amended by changing Section 115-4.1 as follows:
7 (725 ILCS 5/115-4.1) (from Ch. 38, par. 115-4.1)
8 Sec. 115-4.1. Absence of defendant. (a) When a defendant
9 after arrest and an initial court appearance for a
10 non-capital felony, fails to appear for trial, at the request
11 of the State and after the State has affirmatively proven
12 through substantial evidence that the defendant is willfully
13 avoiding trial, the court may commence trial in the absence
14 of the defendant. Absence of a defendant as specified in
15 this Section shall not be a bar to indictment of a defendant,
16 return of information against a defendant, or arraignment of
17 a defendant for the charge for which bail has been granted.
18 If a defendant fails to appear at arraignment, the court may
19 enter a plea of "not guilty" on his behalf. If a defendant
20 absents himself before trial on a capital felony, trial may
21 proceed as specified in this Section provided that the State
22 certifies that it will not seek a death sentence following
23 conviction. Trial in the defendant's absence shall be by jury
24 unless the defendant had previously waived trial by jury.
25 The absent defendant must be represented by retained or
26 appointed counsel. The court, at the conclusion of all of the
27 proceedings, may order the clerk of the circuit court to pay
28 counsel such sum as the court deems reasonable, from any bond
29 monies which were posted by the defendant with the clerk,
30 after the clerk has first deducted all court costs. If trial
31 had previously commenced in the presence of the defendant and
-2- LRB9005395RCcd
1 the defendant willfully absents himself for two successive
2 court days, the court shall proceed to trial. All
3 procedural rights guaranteed by the United States
4 Constitution, Constitution of the State of Illinois, statutes
5 of the State of Illinois, and rules of court shall apply to
6 the proceedings the same as if the defendant were present in
7 court and had not either forfeited his bail bond or escaped
8 from custody. The court may set the case for a trial which
9 may be conducted under this Section despite the failure of
10 the defendant to appear at the hearing at which the trial
11 date is set. When such trial date is set the clerk shall
12 send to the defendant, by certified mail at his last known
13 address indicated on his bond slip, notice of the new date
14 which has been set for trial. Such notification shall be
15 required when the defendant was not personally present in
16 open court at the time when the case was set for trial.
17 (b) The absence of a defendant from a trial conducted
18 pursuant to this Section does not operate as a bar to
19 concluding the trial, to a judgment of conviction resulting
20 therefrom, or to a final disposition of the trial in favor of
21 the defendant.
22 (c) Upon a verdict of not guilty, the court shall enter
23 judgment for the defendant. Upon a verdict of guilty, the
24 court shall set a date for the hearing of post-trial motions
25 and shall hear such motion in the absence of the defendant.
26 If post-trial motions are denied, the court shall proceed to
27 conduct a sentencing hearing and to impose a sentence upon
28 the defendant.
29 (d) A defendant who is absent for part of the
30 proceedings of trial, post-trial motions, or sentencing, does
31 not thereby forfeit his right to be present at all remaining
32 proceedings.
33 (e) When a defendant who in his absence has been either
34 convicted or sentenced or both convicted and sentenced
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1 appears before the court, he must be granted a new trial or
2 new sentencing hearing if the defendant can establish that
3 his failure to appear in court was both without his fault and
4 due to circumstances beyond his control. A hearing with
5 notice to the State's Attorney on the defendant's request for
6 a new trial or a new sentencing hearing must be held before
7 any such request may be granted. At any such hearing both
8 the defendant and the State may present evidence.
9 (f) If the court grants only the defendant's request for
10 a new sentencing hearing, then a new sentencing hearing
11 shall be held in accordance with the provisions of the
12 Unified Code of Corrections. At any such hearing, both the
13 defendant and the State may offer evidence of the defendant's
14 conduct during his or her period of absence from the court.
15 The court may impose any sentence authorized by the Unified
16 Code of Corrections and is not in any way limited or
17 restricted by any sentence previously imposed.
18 (g) A defendant whose motion under paragraph (e) for a
19 new trial or new sentencing hearing has been denied may file
20 a notice of appeal therefrom. Such notice may also include a
21 request for review of the judgment and sentence not vacated
22 by the trial court.
23 (Source: P.A. 84-945.)