State of Illinois
91st General Assembly

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 1        AN ACT to amend the Code of Criminal Procedure of 1963 by
 2    adding Section 116-4.

 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 adding Section 116-4 as follows:

 7        (725 ILCS 5/116-4 new)
 8        Sec. 116-4.  Death of the defendant while appeal pending.
 9    If  a  defendant  has  filed a direct appeal to the Appellate
10    Court, the Illinois  Supreme  Court,  or  the  United  States
11    Supreme  Court  and the appeal is pending before the court at
12    the time of the defendant's  death,  the  conviction  of  the
13    defendant  for  the offense for which the defendant filed the
14    appeal is not abated ab initio and the judgment of conviction
15    of the defendant for the offense remains valid.  The  pending
16    appeal shall be dismissed.

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