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(725 ILCS 5/104-11) (from Ch. 38, par. 104-11)
Sec. 104-11.
Raising Issue; Burden; Fitness Motions.) (a) The issue
of the defendant's fitness for trial, to plead, or to be sentenced may be
raised by the defense,
the State or the Court at any appropriate time before a plea is entered
or before, during, or after trial. When a bonafide doubt of the defendant's
fitness is raised, the court shall order a determination of the issue before
proceeding further.
(b) Upon request of the defendant that a qualified expert be appointed
to examine him or her to determine prior to trial if a bonafide doubt as
to his or her fitness to stand trial may be raised, the court, in its discretion,
may order an appropriate examination. However, no order entered pursuant
to this subsection shall prevent further proceedings in the case. An expert
so appointed shall examine the defendant and make a report as provided in
Section 104-15. Upon the filing with the court of a verified statement
of services rendered, the court shall enter an order on the county board
to pay such expert a reasonable fee stated in the order.
(c) When a bonafide doubt of the defendant's fitness has been raised,
the burden of proving that the defendant is fit by a preponderance of the
evidence and the burden of going forward with the evidence are on the State.
However, the court may call its own witnesses and conduct its own inquiry.
(d) Following a finding of unfitness, the court may hear and rule on
any pretrial motion or motions if the defendant's presence is not essential
to a fair determination of the issues. A motion may be reheard upon a showing
that evidence is available which was not available, due to the defendant's
unfitness, when the motion was first decided.
(Source: P.A. 81-1217.)
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