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90_HB2991
725 ILCS 5/103-5 from Ch. 38, par. 103-5
725 ILCS 5/103-6 from Ch. 38, par. 103-6
Amends the Code of Criminal Procedure of 1963 to provide
that the period of time within which a person must be tried
under the speedy trial provisions shall begin again if there
is probable cause to believe that subsequent to the
commencement of any period of time within which a person must
be tried that the person violated the laws of this or any
other jurisdiction, other than a Class C misdemeanor, a
business or petty offense, or violated any conditions of his
or her bond. Provides that a person who has understandingly
waived his or her right to a trial by jury shall thereafter
be entitled to a trial by jury for any offense in which the
person waived trial by jury only if it does not require the
return of witnesses who appear on the scheduled date of trial
or the defendant provides the prosecution with timely notice
of his or her intent to withdraw his or her waiver of trial
by jury or the defendant shows good cause why he or she
should be entitled to withdraw his or her waiver of trial by
jury. Provides that a demand for trial not reduced to
writing shall be considered insufficient to invoke the speedy
trial provisions. Permits trial within 21 days after the
expiration of speedy trial deadline. Effective immediately.
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1 AN ACT to amend the Code of Criminal Procedure of 1963 by
2 changing Sections 103-5 and 103-6.
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 Sections 103-5 and 103-6 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, upon demand in writing, be tried by the court
11 having jurisdiction within 120 days from the date he was
12 taken into custody unless delay is occasioned by the
13 defendant, by an examination for fitness ordered pursuant to
14 Section 104-13 of this Act, by a fitness hearing, by an
15 adjudication of unfitness to stand trial, by a continuance
16 allowed pursuant to Section 114-4 of this Act after a court's
17 determination of the defendant's physical incapacity for
18 trial, or by an interlocutory appeal. Days that a person was
19 released on bail after being taken into custody shall not be
20 included in computing the 120 day limit.
21 (b) Every person on bail or recognizance shall be tried
22 by the court having jurisdiction within 160 days from the
23 date defendant demands trial unless delay is occasioned by
24 the defendant, by an examination for fitness ordered pursuant
25 to Section 104-13 of this Act, by a fitness hearing, by an
26 adjudication of unfitness to stand trial, by a continuance
27 allowed pursuant to Section 114-4 of this Act after a court's
28 determination of the defendant's physical incapacity for
29 trial, or by an interlocutory appeal.
30 For purposes of computing the 160 day period under this
31 subsection, every person who was in custody for an alleged
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1 offense and demanded trial and is subsequently released on
2 bail or recognizance and demands trial, shall be given credit
3 for time spent in custody following the making of the demand
4 while in custody. Any demand for trial made under this
5 provision shall be in writing; and in the case of a defendant
6 not in custody, the demand for trial shall include the date
7 of any prior demand made under this provision while the
8 defendant was in custody. Any demand for trial not reduced
9 to writing shall be considered insufficient to invoke the
10 protections of this Section.
11 (c) If the court determines that the State has exercised
12 without success due diligence to obtain evidence material to
13 the case and that there are reasonable grounds to believe
14 that such evidence may be obtained at a later day the court
15 may continue the cause on application of the State for not
16 more than an additional 60 days. If the court determines that
17 the State has exercised without success due diligence to
18 obtain results of DNA testing that is material to the case
19 and that there are reasonable grounds to believe that such
20 results may be obtained at a later day, the court may
21 continue the cause on application of the State for not more
22 than an additional 120 days.
23 (d) (Blank). Every person not tried in accordance with
24 subsections (a), (b) and (c) of this Section shall be
25 discharged from custody or released from the obligations of
26 his bail or recognizance.
27 (e) If a person is simultaneously in custody upon more
28 than one charge pending against him in the same county, or
29 simultaneously demands trial upon more than one charge
30 pending against him in the same county, he shall be tried, or
31 adjudged guilty after waiver of trial, upon at least one such
32 charge before expiration relative to any of such pending
33 charges of the period prescribed by subsections (a) and (b)
34 of this Section. Such person shall be tried upon all of the
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1 remaining charges thus pending within 160 days from the date
2 on which judgment relative to the first charge thus
3 prosecuted is rendered pursuant to the Unified Code of
4 Corrections or, if such trial upon such first charge is
5 terminated without judgment and there is no subsequent trial
6 of, or adjudication of guilt after waiver of trial of, such
7 first charge within a reasonable time, the person shall be
8 tried upon all of the remaining charges thus pending within
9 160 days from the date on which such trial is terminated; if
10 either such period of 160 days expires without the
11 commencement of trial of, or adjudication of guilt after
12 waiver of trial of, any of such remaining charges thus
13 pending, such charge or charges shall be dismissed and barred
14 for want of prosecution unless delay is occasioned by the
15 defendant, by an examination for fitness ordered pursuant to
16 Section 104-13 of this Act, by a fitness hearing, by an
17 adjudication of unfitness for trial, by a continuance allowed
18 pursuant to Section 114-4 of this Act after a court's
19 determination of the defendant's physical incapacity for
20 trial, or by an interlocutory appeal; provided, however, that
21 if the court determines that the State has exercised without
22 success due diligence to obtain evidence material to the case
23 and that there are reasonable grounds to believe that such
24 evidence may be obtained at a later day the court may
25 continue the cause on application of the State for not more
26 than an additional 60 days.
27 (e-5) If a person has unrelated charges pending against
28 him or her in more than one county, the time period spent in
29 custody in one county shall not count as time spent in
30 custody as against a charge in another county.
31 (f) Delay occasioned by the defendant shall temporarily
32 suspend for the time of the delay the period within which a
33 person shall be tried as prescribed by subsections (a), (b),
34 or (e) of this Section and on the day of expiration of the
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1 delay the said period shall continue at the point at which it
2 was suspended. Where such delay occurs within 21 days of the
3 end of the period within which a person shall be tried as
4 prescribed by subsections (a), (b), or (e) of this Section,
5 the court may continue the cause on application of the State
6 for not more than an additional 21 days beyond the period
7 prescribed by subsections (a), (b), or (e). This subsection
8 (f) shall become effective on, and apply to persons charged
9 with alleged offenses committed on or after, March 1, 1977.
10 (g) Notwithstanding any other provision of this Section,
11 if there is probable cause to believe that subsequent to the
12 commencement of any period of time within which a person must
13 be tried under this Section that person either violated the
14 laws of this or any other jurisdiction, other than a
15 violation classified as a Class C misdemeanor or petty or
16 business offense, or violated any of the conditions of his or
17 her bond, any period of time within which a person must be
18 tried under this Section shall begin again. This additional
19 period of time for the commencement of trial shall not begin
20 until the date on which the person in writing: (1) notifies
21 the State's Attorney of the county in which the new charge is
22 pending that offenses are pending against him or her and the
23 general nature of those charges; and (2) provides that
24 State's Attorney both with the name under which the charges
25 on which he or she is demanding trial have been filed and
26 with the county and court in which those charges are pending;
27 and (3) demands trial on those offenses.
28 (h) Whenever the State reasonably relies on a ruling of
29 the court or the records of the court that a certain period
30 of time is delay occasioned or agreed to by the defendant, or
31 a delay is experienced due to error by the clerk of the court
32 in properly recording a date or transmitting an order of any
33 court to the State, the period of time encompassed by that
34 delay shall not be considered in calculating any period of
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1 time within which a person must be tried or retried as
2 required by this Section. For the purpose of any of the
3 provisions of this Section, a defendant shall be deemed to
4 have agreed to a continuance if, at the time the case is
5 continued, the defendant fails to inform the court and the
6 State in open court that he does not agree to the
7 continuance.
8 (i) Whenever the court or State proposes to set a
9 continuance of the defendant's case to a date beyond, on, or
10 within 10 days of the date on which the defendant must be
11 tried under any of the subsections of this Section, the
12 defendant shall in open court immediately inform the court
13 and the State of that fact. If the defendant's assertion is
14 correct, the court shall immediately set the case for trial
15 on a date within the time limit prescribed by the applicable
16 subsection. Failure of the defendant to comply with the
17 provisions of this subsection shall be considered to be delay
18 occasioned by the defendant.
19 (j) Relief.
20 (1) If a person in custody is not tried within the
21 applicable time period prescribed by the provisions of
22 this Section, that person shall be released from custody
23 and placed on a recognizance bond, unless the person is
24 also in custody for the commission of another unrelated
25 offense for which the applicable time period prescribed
26 by the provisions of this Section has not expired. If a
27 person on bond is not tried within the applicable time
28 period prescribed by the provisions of this Section, that
29 person shall be released from all the conditions of his
30 or her bond relating to the charge for which he or she
31 was not tried in the time prescribed except for the
32 requirement of appearing in court on the date set by the
33 court.
34 (2) In any case in which a person has not been
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1 tried within the applicable time period prescribed by the
2 provisions of this Section, the judge before whom the
3 case is pending for trial, upon ruling that the person
4 has not been tried within the prescribed time period,
5 shall set the cause for trial no more than 21 days from
6 the date of the court's ruling, unless the person
7 requests and is granted a continuance past that date of
8 the 21 day time limit. If the person is granted a
9 continuance past the 21 day time limit, the court shall,
10 on the subsequent court date, set the cause for trial no
11 more than 21 days from the date of that subsequent court
12 date, unless the person again requests and is granted a
13 continuance. If, in the absence of a granting of a
14 continuance to a defendant, the defendant has not been
15 tried within the prescribed 21 day time limit, the
16 charges against the defendant shall be dismissed with
17 prejudice.
18 (3) Except for a failure to try a person within the
19 21 day time limit prescribed in subsection (j)(2), the
20 court shall not dismiss a charge against a person for a
21 violation of the provisions of this Section.
22 (Source: P.A. 86-1210; 87-281.)
23 (725 ILCS 5/103-6) (from Ch. 38, par. 103-6)
24 Sec. 103-6. Waiver of jury trial.
25 (a) Every person accused of an offense shall have the
26 right to a trial by jury unless (i) understandingly waived by
27 the defendant in open court or (ii) the offense is an
28 ordinance violation punishable by fine only and the defendant
29 either fails to file a demand for a trial by jury at the time
30 of entering his or her plea of not guilty or fails to pay to
31 the clerk of the circuit court at the time of entering his or
32 her plea of not guilty any jury fee required to be paid to
33 the clerk. A person who has understandingly waived his or her
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1 right to a trial by jury shall thereafter be entitled to a
2 trial by jury for any offense in which he or she has waived
3 trial by jury if: (1) allowing the defendant to withdraw his
4 or her waiver of trial by jury does not require the return of
5 witnesses who appear on the scheduled date of trial; or (2)
6 the defendant provides the prosecution with timely notice of
7 his or her intent to withdraw his or her waiver of trial by
8 jury so that the prosecution can notify witnesses scheduled
9 to appear at trial that trial will not begin on the date
10 scheduled; or (3) the defendant shows good cause why he or
11 she should be entitled to withdraw his or her waiver of trial
12 by jury. Any delay experienced on account of the defendant
13 withdrawing his or her waiver of right to trial by jury,
14 including delay experienced when the prosecution has informed
15 its witnesses not to appear in court on the date scheduled
16 for trial because the defendant has given notice that he or
17 she is seeking to withdraw his or her waiver of trial by jury
18 and its appeared likely to the prosecution that the
19 withdrawal of the waiver of jury trial would delay trial,
20 shall be attributable to the defense.
21 (b) On the court date immediately preceding the date for
22 which a case is first set for trial the court shall inform
23 the defendant of his or her right to trial by jury, that he
24 or she may waive trial by jury, and of the effects of waiving
25 or not waiving his or her right to a trial by jury. If the
26 court determines that the defendant understands both his or
27 her right to trial by jury and the effects of a waiver of
28 that right, the court shall ask the defendant whether he or
29 she wishes to be tried by a jury or whether he or she wishes
30 to waive that right and be tried by the court. Unless the
31 defendant waives his or her right to trial by jury in
32 writing, the court shall set the case down for trial by jury.
33 (Source: P.A. 86-1386.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.