HB5438 93RD GENERAL ASSEMBLY

LRB093 20147 RLC 45892 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5438

Introduced 02/06/04, by Michael J. Madigan

SYNOPSIS AS INTRODUCED:

725 ILCS 5/115-8

from Ch. 38, par. 115-8

Amends the Code of Criminal Procedure of 1963. Makes a technical change in a Section that permits the defendant to waive his or her right to be present during trial.

A BILL FOR

AN ACT in relation to 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 115-8 as follows:

(725 ILCS 5/115-8) (from Ch. 38, par. 115-8)

Sec. 115-8. A defendant may waive his or her right to be present during trial. However, upon motion of the State's Attorney made prior to or during trial, the court shall order the defendant to present himself in open court for the purpose of identification.

(Source: P.A. 77-1426.)