Illinois General Assembly - Full Text of HB2569
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Full Text of HB2569  99th General Assembly




HB2569 EnrolledLRB099 07774 MRW 27907 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 113-4 as follows:
6    (725 ILCS 5/113-4)  (from Ch. 38, par. 113-4)
7    Sec. 113-4. Plea. (a) When called upon to plead at
8arraignment the defendant shall be furnished with a copy of the
9charge and shall plead guilty, guilty but mentally ill, or not
11    (b) If the defendant stands mute a plea of not guilty shall
12be entered for him and the trial shall proceed on such plea.
13    (c) If the defendant pleads guilty such plea shall not be
14accepted until the court shall have fully explained to the
15defendant the following:
16        (1) consequences of such plea and the maximum and
17    minimum penalty provided by law for the offense which may
18    be imposed by the court;
19        (2) as a consequence of a conviction or a plea of
20    guilty, the sentence for any future conviction may be
21    increased or there may be a higher possibility of the
22    imposition of consecutive sentences;
23        (3) as a consequence of a conviction or a plea of



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1    guilty, there may be registration requirements that
2    restrict where the defendant may work, live, or be present;
3    and
4        (4) as a consequence of a conviction or a plea of
5    guilty, there may be an impact upon the defendant's ability
6    to, among others:
7            (A) retain or obtain housing in the public or
8        private market;
9            (B) retain or obtain employment; and
10            (C) retain or obtain a firearm, an occupational
11        license, or a driver's license.
12    After such explanation if the defendant understandingly
13persists in his plea it shall be accepted by the court and
15    (d) If the defendant pleads guilty but mentally ill, the
16court shall not accept such a plea until the defendant has
17undergone examination by a clinical psychologist or
18psychiatrist and the judge has examined the psychiatric or
19psychological report or reports, held a hearing on the issue of
20the defendant's mental condition and is satisfied that there is
21a factual basis that the defendant was mentally ill at the time
22of the offense to which the plea is entered.
23    (e) If a defendant pleads not guilty, the court shall
24advise him at that time or at any later court date on which he
25is present that if he escapes from custody or is released on
26bond and fails to appear in court when required by the court



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1that his failure to appear would constitute a waiver of his
2right to confront the witnesses against him and trial could
3proceed in his absence.
4(Source: P.A. 82-553.)