Illinois General Assembly - Bill Status for HB3373

Amends the Code of Criminal Procedure of 1963. On a convicted defendant's death, requires the court to dismiss any pending appeal or post-conviction petition of the defendant. Provides a convicted defendant's death may not abate the defendant's criminal conviction or sentence of imprisonment or any restitution, fine, assessment, or other sentence imposed by the sentencing court. Effective immediately.

Replaces everything after the enacting clause. Provides any party who learns of the death of a defendant in a criminal case that is pending on appeal shall notify the court and all other parties of the death within 28 days after learning of the death. Any party may move to dismiss the appeal. If pending appeal is by the State, the court shall dismiss the State's appeal. If pending appeal is by the defendant, specifies presumptive disposition of the appeals, based on the basis of the appeal. If a defendant in a criminal case, a petitioner in a post-conviction relief proceeding, a plaintiff in a habeas corpus proceeding, a petitioner in a parole review proceeding, or a petitioner in a prison disciplinary case, on appeal of an adverse decision, escapes or absconds from custody or supervision, the respondent on appeal may move for dismissal of the appeal. If the appellant is not in custody or under supervision at the time the motion is decided by the court, the court may dismiss the appeal or judicial review. Effective immediately.

×