SB1810 97TH GENERAL ASSEMBLY

LRB097 00008 RLC 40008 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1810

Introduced 2/9/2011, by Sen. Michael Noland

SYNOPSIS AS INTRODUCED:

725 ILCS 5/103-6

from Ch. 38, par. 103-6

Amends the Code of Criminal Procedure of 1963. Provides that a person accused of an offense that is an ordinance violation, petty offense, Class B misdemeanor, or Class C misdemeanor is not entitled to a trial by jury (rather than an ordinance violation punishable by fine only and the defendant either fails to file a demand for a trial by jury at the time of entering his or her plea of not guilty or fails to pay to the clerk of the circuit court at the time of entering his or her plea of not guilty any jury fee required to be paid to the clerk). Provides that a defendant is not entitled to trial by jury if the defendant either fails to file a demand for a trial by jury at the time of entering his or her plea of not guilty or fails to pay to the clerk of the circuit court at the time of entering his or her plea of not guilty any jury fee required to be paid to the clerk. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Criminal Procedure of 1963 is amended by changing Section 103-6 as follows:

(725 ILCS 5/103-6) (from Ch. 38, par. 103-6)

Sec. 103-6. Waiver of jury trial. Every person accused of an offense shall have the right to a trial by jury unless (i) understandingly waived by defendant in open court or (ii) the offense is an ordinance violation, petty offense, Class B misdemeanor, or Class C misdemeanor or (iii) punishable by fine only and the defendant either fails to file a demand for a trial by jury at the time of entering his or her plea of not guilty or fails to pay to the clerk of the circuit court at the time of entering his or her plea of not guilty any jury fee required to be paid to the clerk.

(Source: P.A. 86-1386.)

Section 99. Effective date. This Act takes effect upon becoming law.