Bill Status of HB2478  103rd General Assembly


Short Description:  CRIM PRO&CORR-UNFIT DEFENDANT

House Sponsors
Rep. Peter Breen

Last Action
DateChamber Action
  1/8/2019HouseSession Sine Die

Statutes Amended In Order of Appearance
725 ILCS 5/104-15from Ch. 38, par. 104-15
730 ILCS 5/5-2-4from Ch. 38, par. 1005-2-4


Synopsis As Introduced
Amends the Code of Criminal Procedure of 1963 concerning unfit defendants. Provides that if the report to the court, the State, and the defense indicates that the defendant is not fit to stand trial or to plead because of a disability, the report shall include an opinion as to the likelihood of the defendant attaining fitness within a period of time from the date of the finding of unfitness (rather than one year) if provided with a course of treatment. Provides that for a defendant charged with a felony, the period of time shall be one year. Provides that for a defendant charged with a misdemeanor, the period of time shall be no longer than the maximum term of imprisonment for the most serious offense. Provides that not more than 30 days after admission and every 90 (rather than 60) days thereafter so long as the initial order remains in effect, the facility director shall file a treatment plan report in writing with the court and forward a copy of the treatment plan report to the clerk of the court, the State's Attorney, and the defendant's attorney, if the defendant is represented by counsel, or to a person authorized by the defendant under the Mental Health and Developmental Disabilities Confidentiality Act to be sent a copy of the report. Effective January 1, 2018.

Actions 
DateChamber Action
  2/7/2017HouseFiled with the Clerk by Rep. Peter Breen
  2/8/2017HouseFirst Reading
  2/8/2017HouseReferred to Rules Committee
  2/22/2017HouseAssigned to Judiciary - Criminal Committee
  3/31/2017HouseRule 19(a) / Re-referred to Rules Committee
  1/8/2019HouseSession Sine Die