Full Text of HB5342 94th General Assembly
HB5342enr 94TH GENERAL ASSEMBLY
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HB5342 Enrolled |
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LRB094 17436 RLC 52731 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 2. The Code of Criminal Procedure of 1963 is | 5 |
| amended by changing Section 103-5 as follows:
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| (725 ILCS 5/103-5) (from Ch. 38, par. 103-5)
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| Sec. 103-5. Speedy trial.)
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| (a) Every person in custody in this State for an alleged | 9 |
| offense shall
be tried by the court having jurisdiction within | 10 |
| 120 days from the date he
was taken into custody unless delay | 11 |
| is occasioned by the defendant, by an
examination for fitness | 12 |
| ordered pursuant to Section 104-13 of this Act, by
a fitness | 13 |
| hearing, by an adjudication of unfitness to stand trial, by a
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| continuance allowed pursuant to Section 114-4 of this Act after | 15 |
| a court's
determination of the defendant's physical incapacity | 16 |
| for trial, or by an
interlocutory appeal. Delay shall be | 17 |
| considered to be agreed to by the
defendant unless he or she | 18 |
| objects to the delay by making a written demand for
trial or an | 19 |
| oral demand for trial on the record.
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| The 120-day term must be one continuous period of | 21 |
| incarceration. In
computing the 120-day term, separate periods | 22 |
| of incarceration may not be
combined. If a defendant is taken | 23 |
| into custody a second (or subsequent) time
for the same | 24 |
| offense, the term will begin again at day zero.
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| (b) Every person on bail or recognizance shall be tried by | 26 |
| the court
having jurisdiction within 160 days from the date | 27 |
| defendant demands
trial unless delay is occasioned by the | 28 |
| defendant, by an examination for
fitness ordered pursuant to | 29 |
| Section 104-13 of this Act, by a fitness
hearing, by an | 30 |
| adjudication of unfitness to stand trial, by a continuance
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| allowed pursuant to Section 114-4 of this Act after a court's | 32 |
| determination
of the defendant's physical incapacity for |
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HB5342 Enrolled |
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| trial, or by an interlocutory
appeal. The defendant's failure | 2 |
| to appear for any court date set by the
court operates to waive | 3 |
| the defendant's demand for trial made under this
subsection. | 4 |
| The provisions of this subsection (b) do not apply to a person | 5 |
| on bail or recognizance for an offense but who is in custody | 6 |
| for a violation of his or her parole or mandatory supervised | 7 |
| release for another offense.
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| For purposes of computing the 160 day period under this | 9 |
| subsection (b),
every person who was in custody for an alleged | 10 |
| offense and demanded trial
and is subsequently released on bail | 11 |
| or recognizance and demands trial,
shall be given credit for | 12 |
| time spent in custody following the making of the
demand while | 13 |
| in custody. Any demand for trial made under this
subsection (b)
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| shall be in writing; and in the
case of a defendant not in | 15 |
| custody, the
demand for trial shall include the date of any | 16 |
| prior demand made under this
provision while the defendant was | 17 |
| in custody.
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| (c) If the court determines that the State has exercised | 19 |
| without
success due diligence to obtain evidence material to | 20 |
| the case and that
there are reasonable grounds to believe that | 21 |
| such evidence may be
obtained at a later day the court may | 22 |
| continue the cause on application
of the State for not more | 23 |
| than an additional 60 days. If the court
determines that the | 24 |
| State has exercised without success due diligence to
obtain | 25 |
| results of DNA testing that is material to the case and that | 26 |
| there
are reasonable grounds to believe that such results may | 27 |
| be obtained at a
later day, the court may continue the cause on | 28 |
| application of the State for
not more than an additional 120 | 29 |
| days.
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| (d) Every person not tried in accordance with subsections | 31 |
| (a), (b)
and (c) of this Section shall be discharged from | 32 |
| custody or released
from the obligations of his bail or | 33 |
| recognizance.
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| (e) If a person is simultaneously in custody upon more than | 35 |
| one
charge pending against him in the same county, or | 36 |
| simultaneously demands
trial upon more than one charge pending |
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| against him in the same county,
he shall be tried, or adjudged | 2 |
| guilty after waiver of trial, upon at
least one such charge | 3 |
| before expiration relative to any of such pending
charges of | 4 |
| the period prescribed by subsections (a) and (b) of this
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| Section. Such person shall be tried upon all of the remaining | 6 |
| charges
thus pending within 160 days from the date on which | 7 |
| judgment relative to
the first charge thus prosecuted is | 8 |
| rendered pursuant to the Unified Code of
Corrections or, if | 9 |
| such trial upon such first charge is terminated
without | 10 |
| judgment and there is no subsequent trial of, or adjudication | 11 |
| of
guilt after waiver of trial of, such first charge within a | 12 |
| reasonable
time, the person shall be tried upon all of the | 13 |
| remaining charges thus
pending within 160 days from the date on | 14 |
| which such trial is terminated;
if either such period of 160 | 15 |
| days expires without the commencement of
trial of, or | 16 |
| adjudication of guilt after waiver of trial of, any of such
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| remaining charges thus pending, such charge or charges shall be
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| dismissed and barred for want of prosecution unless delay is | 19 |
| occasioned
by the defendant, by an examination for fitness | 20 |
| ordered pursuant to
Section 104-13 of this Act, by a fitness | 21 |
| hearing, by an adjudication
of unfitness for trial, by a | 22 |
| continuance allowed pursuant to Section
114-4 of this Act after | 23 |
| a court's determination of the defendant's
physical incapacity | 24 |
| for trial, or by an interlocutory appeal; provided,
however, | 25 |
| that if the court determines that the State has exercised
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| without success due diligence to obtain evidence material to | 27 |
| the case
and that there are reasonable grounds to believe that | 28 |
| such evidence may
be obtained at a later day the court may | 29 |
| continue the cause on
application of the State for not more | 30 |
| than an additional 60 days.
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| (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), or | 34 |
| (e) of this Section and on the
day of expiration of the delay | 35 |
| the said period shall continue at the
point at which it was | 36 |
| suspended. Where such delay occurs within 21 days
of the end of |
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| the period within which a person shall be tried as
prescribed | 2 |
| by subsections (a), (b), or (e) of this Section, the court
may | 3 |
| continue the cause on application of the State for not more | 4 |
| than an
additional 21 days beyond the period prescribed by | 5 |
| subsections (a), (b), or
(e). This subsection (f) shall become | 6 |
| effective on, and apply to persons
charged with alleged | 7 |
| offenses committed on or after, March 1, 1977.
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| (Source: P.A. 90-705, eff. 1-1-99; 91-123, eff. 1-1-00.)
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| Section 5. The County Jail Act is amended by changing | 10 |
| Section 5 as follows: | 11 |
| (730 ILCS 125/5) (from Ch. 75, par. 105)
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| Sec. 5. Costs of maintaining prisoners.
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| (a) Except as provided in subsections (b) and (c)
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| subsection (b) , all costs of maintaining persons
committed for | 15 |
| violations of Illinois law, shall be the responsibility of the
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| county. Except as provided in subsection (b), all costs of | 17 |
| maintaining
persons committed under any ordinance or | 18 |
| resolution of a unit of local
government, including medical | 19 |
| costs, is the responsibility of the unit of local
government | 20 |
| enacting the ordinance or resolution, and arresting the person.
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| (b) If a person who is serving a term of mandatory | 22 |
| supervised release for
has been convicted of a felony and has | 23 |
| violated
mandatory supervised release for that felony is | 24 |
| incarcerated in a county jail
pending the resolution of the | 25 |
| violation of mandatory supervised release , the
Illinois | 26 |
| Department of Corrections shall pay the county in which that | 27 |
| jail is
located one-half of the cost of incarceration, as | 28 |
| calculated by the Governor's Office of Management and Budget | 29 |
| and the county's chief financial officer, for each day
that the | 30 |
| person remains in the county jail after notice of the | 31 |
| incarceration is given to the Illinois Department of | 32 |
| Corrections by the county, provided that (i) the Illinois | 33 |
| Department of Corrections has issued a warrant for an alleged | 34 |
| violation of mandatory supervised release by the person; (ii) |
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| if the person is incarcerated on a new charge, unrelated to the | 2 |
| offense for which he or she is on mandatory supervised release, | 3 |
| there has been a court hearing at which bail has been set on | 4 |
| the new charge; (iii) the county has notified the Illinois | 5 |
| Department of Corrections that the person is incarcerated in | 6 |
| the county jail, which notice shall not be given until the bail | 7 |
| hearing has concluded, if the person is incarcerated on a new | 8 |
| charge; and (iv) the person remains incarcerated in the county | 9 |
| jail for more than 48 hours after the notice has been given to | 10 |
| the Department of Corrections by the county . Calculation of the | 11 |
| per diem cost
shall be agreed upon prior to the passage of the | 12 |
| annual State budget.
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| (c) If a person who is serving a term of mandatory | 14 |
| supervised release is incarcerated in a county jail, following | 15 |
| an arrest on a warrant issued by the Illinois Department of | 16 |
| Corrections, solely for violation of a condition of mandatory | 17 |
| supervised release and not on any new charges for a new | 18 |
| offense, then the Illinois Department of Corrections shall pay | 19 |
| the medical costs incurred by the county in securing treatment | 20 |
| for that person, for any injury or condition other than one | 21 |
| arising out of or in conjunction with the arrest of the person | 22 |
| or resulting from the conduct of county personnel, while he or | 23 |
| she remains in the county jail on the warrant issued by the | 24 |
| Illinois Department of Corrections.
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| (Source: P.A. 94-678, eff. 1-1-06.)
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| Section 99. Effective date. This Act takes effect upon | 27 |
| becoming law. |
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