State of Illinois
90th General Assembly
Legislation

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90_HB3003

      730 ILCS 5/5-4-2          from Ch. 38, par. 1005-4-2
          Amends  the  Unified  Code  of  Corrections.    Makes   a
      stylistic change in Section relating to multiple offenses.
                                                     LRB9010298RCks
                                               LRB9010298RCks
 1        AN  ACT  to  amend  the  Unified  Code  of Corrections by
 2    changing Section 5-4-2.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Unified Code of Corrections is amended by
 6    changing Section 5-4-2 as follows:
 7        (730 ILCS 5/5-4-2) (from Ch. 38, par. 1005-4-2)
 8        Sec. 5-4-2. Multiple Offenses.
 9        (a)  After   conviction   and   before   sentencing,  the
10    defendant shall be permitted, subject to the approval of  the
11    State's Attorney, to plead guilty to other offenses he or she
12    has  committed  which  are  within  the  same  county. If the
13    defendant is not formally  charged  with  such  offenses,  an
14    information  shall  be  filed on the basis of the defendant's
15    admission  of  guilt.  Submission  of  such  a   plea   shall
16    constitute  a  waiver  of  all objections which the defendant
17    might otherwise have  to  the  charge.  If  such  a  plea  is
18    tendered and accepted, the court shall sentence the defendant
19    for all offenses in one hearing under Section 5-8-4.
20        (b)  A  defendant  convicted, charged, or held in custody
21    in a county other than that in  which  any  other  charge  is
22    pending  against him may state in writing or in court that he
23    desires to plead guilty, to waive  trial  in  the  county  in
24    which  the charge is pending and to consent to disposition of
25    the case in the county in which  he  is  held,  convicted  or
26    charged,  subject to the approval of the state's attorney for
27    each county. Upon receiving notification from the  sentencing
28    court,  the clerk of the court in which the charge is pending
29    shall transmit the papers  in  the  proceeding  or  certified
30    copies  thereof  to  the  clerk  of  the  court  in which the
31    defendant  desires   to   plead   guilty.   Thereafter,   the
                            -2-                LRB9010298RCks
 1    prosecution  shall  continue  in  that  county.  If after the
 2    proceeding has been transferred,  the  defendant  pleads  not
 3    guilty, the proceeding shall be restored to the docket of the
 4    court where the charge was pending.
 5    (Source: P.A. 77-2097.)

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