|Public Act 099-0778|
|HB4683 Enrolled||LRB099 15776 MRW 40082 b|
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Code of Criminal Procedure of 1963 is
amended by adding Section 115-4.5, the heading of Article 121A,
and Sections 121A-1 and 121A-2 as follows:
(725 ILCS 5/115-4.5 new)
Death of defendant.
Whenever the prosecuting attorney learns of the death of
the defendant prior to the entry of a final and appealable
judgment in a criminal case, he or she shall promptly notify
the other party and file a certificate of notice of the
defendant's death with the circuit court before which the case
is pending. Upon filing of the certificate, the court shall
enter an order abating the proceedings ab initio.
(725 ILCS 5/Art. 121A heading new)
PENDING DIRECT APPEAL AFTER DEFENDANT'S DEATH
(725 ILCS 5/121A-1 new)
Application of Article.
Unless otherwise provided by Rules of the Supreme Court,
shall govern pending direct appeal in all criminal