State of Illinois
91^st General Assembly
Legislation

   [ Search ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]

91_HB4279eng

 
HB4279 Engrossed                              LRB9111909RCdvA

 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  110  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.  Delay shall be considered to be agreed
19    to by the defendant unless he or she objects to the delay  by
20    making a written demand for trial or an oral demand for trial
21    on the record.
22        The 110-day 120-day term must be one continuous period of
23    incarceration.    In  computing  the  110-day  120-day  term,
24    separate periods of incarceration may not be combined.  If  a
25    defendant is taken into custody a second (or subsequent) time
26    for the same offense, the term will begin again at day zero.
27        (b)  Every  person on bail or recognizance shall be tried
28    by the court having jurisdiction within 150 160 days from the
29    date defendant demands trial unless delay  is  occasioned  by
30    the defendant, by an examination for fitness ordered pursuant
31    to  Section  104-13  of this Act, by a fitness hearing, by an
 
HB4279 Engrossed            -2-               LRB9111909RCdvA
 1    adjudication of unfitness to stand trial,  by  a  continuance
 2    allowed pursuant to Section 114-4 of this Act after a court's
 3    determination  of  the  defendant's  physical  incapacity for
 4    trial,  or  by  an  interlocutory  appeal.   The  defendant's
 5    failure to appear  for  any  court  date  set  by  the  court
 6    operates to waive the defendant's demand for trial made under
 7    this subsection.
 8        For  purposes  of  computing the 150 160 day period under
 9    this subsection (b), every person who was in custody  for  an
10    alleged  offense  and  demanded  trial  and  is  subsequently
11    released  on bail or recognizance and demands trial, shall be
12    given credit for time spent in custody following  the  making
13    of  the  demand  while  in custody. Any demand for trial made
14    under this subsection (b) shall be in  writing;  and  in  the
15    case  of  a  defendant  not  in custody, the demand for trial
16    shall include the date of any prior demand  made  under  this
17    provision  while the defendant was in custody. Any demand for
18    trial not reduced to writing shall be considered insufficient
19    to invoke the remedies provided by  subsection  (i)  of  this
20    Section.
21        (c)  If the court determines that the State has exercised
22    without  success due diligence to obtain evidence material to
23    the case and that there are  reasonable  grounds  to  believe
24    that  such  evidence may be obtained at a later day the court
25    may continue the cause on application of the  State  for  not
26    more than an additional 60 days. If the court determines that
27    the  State  has  exercised  without  success due diligence to
28    obtain results of DNA testing that is material  to  the  case
29    and  that  there  are reasonable grounds to believe that such
30    results may be  obtained  at  a  later  day,  the  court  may
31    continue  the  cause on application of the State for not more
32    than an additional 120 days.
33        (d)  (Blank). Every person not tried in  accordance  with
34    subsections  (a),  (b)  and  (c)  of  this  Section  shall be
 
HB4279 Engrossed            -3-               LRB9111909RCdvA
 1    discharged from custody or released from the  obligations  of
 2    his bail or recognizance.
 3        (e)  If  a  defendant person is simultaneously in custody
 4    upon more than one charge pending against him or her  in  the
 5    same  county,  or simultaneously demands trial upon more than
 6    one charge pending against him or her in the same county,  he
 7    or  she  shall  be  tried, or adjudged guilty after waiver of
 8    trial, upon  at  least  one  such  charge  before  expiration
 9    relative  to  any  of  such  pending  charges  of  the period
10    prescribed by subsections (a) and (b) of  this  Section.  The
11    State  shall  have  110 days on each of the charges remaining
12    against the defendant to try such charges.  The date for  the
13    commencement  of  each  110  day  period shall be Such person
14    shall be tried upon all of the remaining charges thus pending
15    within 160 days from the date on which judgment  relative  to
16    the   previous  first  charge  thus  prosecuted  is  rendered
17    pursuant to the Unified Code of Corrections or, if such trial
18    upon  such  previous  first  charge  is  terminated   without
19    judgment and there is no subsequent trial of, or adjudication
20    of guilt after waiver of trial of, such previous first charge
21    within  a  reasonable  time, the date for the commencement of
22    the 110 day period shall be the date on  which  the  previous
23    trial is terminated.  Delay person shall be tried upon all of
24    the  remaining  charges thus pending within 160 days from the
25    date on which such trial is terminated; if either such period
26    of 160 days expires without the commencement of trial of,  or
27    adjudication  of  guilt after waiver of trial of, any of such
28    remaining charges thus pending, such charge or charges  shall
29    be  dismissed and barred for want of prosecution unless delay
30    is occasioned by the defendant, by an examination for fitness
31    ordered pursuant to Section 104-13 of this Act, by a  fitness
32    hearing,  by  an  adjudication  of  unfitness for trial, by a
33    continuance allowed pursuant to Section  114-4  of  this  Act
34    after  a  court's  determination  of the defendant's physical
 
HB4279 Engrossed            -4-               LRB9111909RCdvA
 1    incapacity for trial, or by an interlocutory appeal shall  be
 2    excluded  from computation of the 110 day periods.; provided,
 3    however, that If, however,  the  court  determines  that  the
 4    State  has  exercised without success due diligence to obtain
 5    evidence material to the case and that there  are  reasonable
 6    grounds  to  believe  that such evidence may be obtained at a
 7    later day the court may continue the cause on application  of
 8    the State for not more than an additional 60 days.
 9        (f)  Delay  occasioned by the defendant shall temporarily
10    suspend for the time of the delay the period within  which  a
11    person  shall be tried as prescribed by subsections (a), (b),
12    or (e) of this Section and on the day of  expiration  of  the
13    delay the said period shall continue at the point at which it
14    was suspended.  Where such delay occurs within 21 days of the
15    end  of  the  period  within which a person shall be tried as
16    prescribed by subsections (a), (b), or (e) of  this  Section,
17    the  court may continue the cause on application of the State
18    for not more than an additional 21  days  beyond  the  period
19    prescribed  by subsections (a), (b), or (e).  This subsection
20    (f) shall become effective on, and apply to  persons  charged
21    with alleged offenses committed on or after, March 1, 1977.
22        (f-5)  When  a  case  is  continued  or interrupted by an
23    interlocutory appeal,  the  period  of  time  under  which  a
24    defendant  must be tried under the provisions of this Section
25    shall be tolled until such time as the appellate court  order
26    deciding the appeal is issued and the case is again placed on
27    the  docket  of  the  trial court.  When a case on appeal has
28    been reversed and remanded for a new trial, the time for  the
29    commencement  of  trial  under the provisions of this Section
30    shall begin again, commencing with the date on which the case
31    is again placed on the docket of the trial court.
32        (g)  Notwithstanding  any  other   provisions   of   this
33    Section,  except as otherwise limited in this subsection (g),
34    if, within 60 days of the end of the period  within  which  a
 
HB4279 Engrossed            -5-               LRB9111909RCdvA
 1    defendant must be tried under the provisions of this Section,
 2    the  defendant  violates  any of the conditions of his or her
 3    bond, engages in conduct in custody that violates the laws of
 4    this State, or while on bond fails to appear in court on  the
 5    date  and time appointed, any period of time within which the
 6    defendant must be tried under the provisions of this  Section
 7    shall  be  extended  60  days.   If,  however, a defendant in
 8    custody escapes from custody or a defendant admitted to  bail
 9    fails  to  appear in court on the date appointed and fails to
10    surrender himself or herself within  30  days  following  the
11    date  of  the issuing of a warrant for the defendant's arrest
12    for  such  failure  to  appear  in  court,  the  time  period
13    prescribed for the start of trial  under  the  provisions  of
14    this  Section  shall  begin  again  at day zero.  The date on
15    which either  the  additional  60  day  time  period  or  the
16    entirely  new speedy trial term limit begins shall be either:
17    (i) the date that the defendant is  taken  into  custody  for
18    violation  of  the conditions of his or her bond, escape from
19    custody or failure to appear in court on the  date  and  time
20    appointed,  or (ii) the date that the defendant, after having
21    provided due notice to the  State  or  after  the  State  has
22    waived the providing of such notice in open court, appears in
23    court  on  the  date  provided in the motion accompanying the
24    notice, and demands trial in writing.   Any  further  charges
25    that  are  tried separately shall be tried within 110 days of
26    the date that the judgment was rendered on the charge.
27        The provisions of this subsection shall not apply if  the
28    defendant  proves that his or her failure to appear in court,
29    alleged violation of  the  condition  of  his  or  her  bond,
30    alleged  misconduct while in custody, or failure to appear in
31    court within 30 days after the issuing of a warrant  for  his
32    or  her  arrest  for  failure  to  appear in court was due to
33    events beyond his or her  control.   An  arrest  for  another
34    offense,  regardless  of  the  eventual  outcome of the case,
 
HB4279 Engrossed            -6-               LRB9111909RCdvA
 1    shall not be considered to be an event beyond the defendant's
 2    control.
 3        (h)  Whenever the State reasonably relies on a ruling  of
 4    the  court  or  the  records of the clerk of the court that a
 5    certain period of time is delay occasioned or  agreed  to  by
 6    the  defendant, or a delay is experienced due to error by the
 7    clerk  of  the  court  in  properly  recording  a   date   or
 8    transmitting  an  order of any court to the State, the period
 9    of time encompassed by that delay shall not be considered  in
10    calculating  any period of time within which a person must be
11    tried or retried as required by this Section.
12        (i)  Relief.
13             (1)  If a defendant in custody is not  tried  within
14        the  applicable  time period prescribed by the provisions
15        of this Section, that defendant shall  be  released  from
16        custody  and  placed  on  a recognizance bond, unless the
17        defendant is  also  in  custody  for  the  commission  of
18        another  unrelated  offense for which the applicable time
19        period prescribed by the provisions of this  Section  has
20        not  expired.  If a defendant on bond is not tried within
21        the applicable time period prescribed by  the  provisions
22        of  this  Section,  that defendant shall be released from
23        all the conditions of his or her  bond  relating  to  the
24        charge  for  which  he  or  she was not tried in the time
25        prescribed except for the  requirement  of  appearing  in
26        court on the date set by the court.
27             (2)  In  any  case in which a defendant has not been
28        tried within the applicable time period prescribed by the
29        provisions of this Section, the  judge  before  whom  the
30        case is pending for trial, upon ruling that the defendant
31        has  not  been  tried  within the prescribed time period,
32        shall set the cause for trial no more than 10  days  from
33        the  date  of  the  court's  ruling, unless the defendant
34        requests and is granted a continuance past that  date  of
 
HB4279 Engrossed            -7-               LRB9111909RCdvA
 1        the  10 day time limit. If the 10th day occurs on a court
 2        holiday, the 10th day shall be considered to be the first
 3        day following the court  holiday  or  holidays  that  the
 4        court  is  in  session.  If  the  defendant  is granted a
 5        continuance past the 10 day time limit, the court  shall,
 6        on  the subsequent court date, set the cause for trial no
 7        more than 10 days from the date of that subsequent  court
 8        date,  unless the defendant again requests and is granted
 9        a continuance.  If, in the absence of  a  granting  of  a
10        continuance to a defendant, and except as provided for in
11        subsection  (g),  the defendant has not been tried within
12        the prescribed 10 day time limit, the charges against the
13        defendant  shall   be   dismissed   with   prejudice.   A
14        continuance  past  the 10 day limit shall be granted only
15        in extraordinary circumstances.
16             (3)  Except for a failure to try a person within the
17        10 day time limit prescribed in  subsection  (i)(2),  the
18        court  shall  not dismiss a charge against a person for a
19        violation of the provisions of this Section.
20        (j)  The changes in the time periods in  which  a  person
21    must  be  tried  under  this  Section  are applicable only to
22    persons taken into custody on or after the effective date  of
23    this amendatory Act of the 91st General Assembly.
24    (Source: P.A. 90-705, eff. 1-1-99; 91-123, eff. 1-1-00.)

[ Top ]