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90_HB3063
725 ILCS 5/103-5 from Ch. 38, par. 103-5
Amends the Code of Criminal Procedure of 1963. Provides
that delay in trial of a person charged with a criminal
offense occasioned by the court granting a continuance on its
own motion shall temporarily suspend for the time of delay
the period within which a person must be tried under the
speedy trial statute. The period shall continue at the point
at which it was suspended. Requires the defendant to file a
written demand for trial to end the suspension of the
statute.
LRB9008474RCcd
LRB9008474RCcd
1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Section 103-5.
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 103-5 as follows:
7 (725 ILCS 5/103-5) (from Ch. 38, par. 103-5)
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
11 within 120 days from the date he was taken into custody
12 unless delay is occasioned by the defendant, by an
13 examination for fitness ordered pursuant to Section 104-13 of
14 this Act, by a fitness hearing, by an adjudication of
15 unfitness to stand trial, by a continuance allowed pursuant
16 to Section 114-4 of this Act after a court's determination of
17 the defendant's physical incapacity for trial, or by an
18 interlocutory appeal.
19 (b) Every person on bail or recognizance shall be tried
20 by the court having jurisdiction within 160 days from the
21 date defendant demands trial unless delay is occasioned by
22 the defendant, by an examination for fitness ordered pursuant
23 to Section 104-13 of this Act, by a fitness hearing, by an
24 adjudication of unfitness to stand trial, by a continuance
25 allowed pursuant to Section 114-4 of this Act after a court's
26 determination of the defendant's physical incapacity for
27 trial, or by an interlocutory appeal.
28 For purposes of computing the 160 day period under this
29 subsection, every person who was in custody for an alleged
30 offense and demanded trial and is subsequently released on
31 bail or recognizance and demands trial, shall be given credit
-2- LRB9008474RCcd
1 for time spent in custody following the making of the demand
2 while in custody. Any demand for trial made under this
3 provision shall be in writing; and in the case of a defendant
4 not in custody, the demand for trial shall include the date
5 of any prior demand made under this provision while the
6 defendant was in custody.
7 (c) If the court determines that the State has exercised
8 without success due diligence to obtain evidence material to
9 the case and that there are reasonable grounds to believe
10 that such evidence may be obtained at a later day the court
11 may continue the cause on application of the State for not
12 more than an additional 60 days. If the court determines that
13 the State has exercised without success due diligence to
14 obtain results of DNA testing that is material to the case
15 and that there are reasonable grounds to believe that such
16 results may be obtained at a later day, the court may
17 continue the cause on application of the State for not more
18 than an additional 120 days.
19 (d) Every person not tried in accordance with
20 subsections (a), (b) and (c) of this Section shall be
21 discharged from custody or released from the obligations of
22 his bail or recognizance.
23 (e) If a person is simultaneously in custody upon more
24 than one charge pending against him in the same county, or
25 simultaneously demands trial upon more than one charge
26 pending against him in the same county, he shall be tried, or
27 adjudged guilty after waiver of trial, upon at least one such
28 charge before expiration relative to any of such pending
29 charges of the period prescribed by subsections (a) and (b)
30 of this Section. Such person shall be tried upon all of the
31 remaining charges thus pending within 160 days from the date
32 on which judgment relative to the first charge thus
33 prosecuted is rendered pursuant to the Unified Code of
34 Corrections or, if such trial upon such first charge is
-3- LRB9008474RCcd
1 terminated without judgment and there is no subsequent trial
2 of, or adjudication of guilt after waiver of trial of, such
3 first charge within a reasonable time, the person shall be
4 tried upon all of the remaining charges thus pending within
5 160 days from the date on which such trial is terminated; if
6 either such period of 160 days expires without the
7 commencement of trial of, or adjudication of guilt after
8 waiver of trial of, any of such remaining charges thus
9 pending, such charge or charges shall be dismissed and barred
10 for want of prosecution unless delay is occasioned by the
11 defendant, by an examination for fitness ordered pursuant to
12 Section 104-13 of this Act, by a fitness hearing, by an
13 adjudication of unfitness for trial, by a continuance allowed
14 pursuant to Section 114-4 of this Act after a court's
15 determination of the defendant's physical incapacity for
16 trial, or by an interlocutory appeal; provided, however, that
17 if the court determines that the State has exercised without
18 success due diligence to obtain evidence material to the case
19 and that there are reasonable grounds to believe that such
20 evidence may be obtained at a later day the court may
21 continue the cause on application of the State for not more
22 than an additional 60 days.
23 (f) Delay occasioned by the defendant shall temporarily
24 suspend for the time of the delay the period within which a
25 person shall be tried as prescribed by subsections (a), (b),
26 or (e) of this Section and on the day of expiration of the
27 delay the said period shall continue at the point at which it
28 was suspended. Where such delay occurs within 21 days of the
29 end of the period within which a person shall be tried as
30 prescribed by subsections (a), (b), or (e) of this Section,
31 the court may continue the cause on application of the State
32 for not more than an additional 21 days beyond the period
33 prescribed by subsections (a), (b), or (e). This subsection
34 (f) shall become effective on, and apply to persons charged
-4- LRB9008474RCcd
1 with alleged offenses committed on or after, March 1, 1977.
2 (g) Delay occasioned by the court continuing the case on
3 its own motion shall temporarily suspend for the time of the
4 delay the period within which a person shall be tried as
5 prescribed by subsection (a), (b), or (e) of this Section and
6 on the day of expiration of the delay, the period shall
7 continue at the point at which it was suspended if the
8 defendant files a written demand for trial on or before the
9 day of expiration of the delay. If the defendant files a
10 written demand for trial after the expiration of the delay
11 occasioned by the court, the period shall continue from the
12 day the defendant files a written demand for trial.
13 (Source: P.A. 86-1210; 87-281.)