Full Text of HB2569 99th General Assembly
HB2569sam003 99TH GENERAL ASSEMBLY | Sen. Terry Link Filed: 5/25/2015
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| 1 | | AMENDMENT TO HOUSE BILL 2569
| 2 | | AMENDMENT NO. ______. Amend House Bill 2569 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Code of Criminal Procedure of 1963 is | 5 | | amended 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 | 8 | | arraignment the defendant
shall be furnished with a copy of the | 9 | | charge and shall plead guilty, guilty
but mentally ill, or not | 10 | | guilty.
| 11 | | (b) If the defendant stands mute a plea of not guilty shall | 12 | | be entered
for him or her and the trial shall proceed on the | 13 | | such plea.
| 14 | | (c) If the defendant pleads guilty , the such plea shall not | 15 | | be accepted until
the court shall have fully explained to the | 16 | | defendant the following: |
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| 1 | | (1) consequences of
such plea and the maximum and | 2 | | minimum penalty provided by law for the offense which
may | 3 | | be imposed by the court ; | 4 | | (2) any possible increased sentence by reason of the | 5 | | fact of a prior conviction and any possibility of the | 6 | | imposition of consecutive sentences; and | 7 | | (3) any registration requirement that may result from | 8 | | the plea . | 9 | | After the such explanation , the court shall ask the defendant | 10 | | in open court if the consequences of the defendant's guilty | 11 | | plea have been explained by defendant's counsel. If if the | 12 | | defendant answers in the affirmative and understandingly
| 13 | | persists in his or her plea , it shall be accepted by the court | 14 | | and recorded. For purposes of this subsection (c), | 15 | | "consequences of the defendant's guilty plea" means all | 16 | | relevant consequences that the defendant's counsel shall | 17 | | explain in order for the defendant to make an informed | 18 | | decision. These consequences may include, but are not limited | 19 | | to, any possible increased sentence for a future conviction, | 20 | | any restrictions associated with a registration requirement | 21 | | that may result from the plea, or the reasonably foreseeable | 22 | | negative effect the plea may have on the defendant's ability to | 23 | | retain or obtain housing, retain or obtain employment, retain | 24 | | or obtain an occupational or driver's license, retain or obtain | 25 | | custody of a child, acquire loans, or possess a firearm. In | 26 | | determining what is a "reasonably foreseeable negative |
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| 1 | | effect", defendant's counsel may take into account the | 2 | | defendant's age, education level, prior criminal and driving | 3 | | record, the nature and length of any sentence that may or will | 4 | | be imposed for the offense, the prior or current employment or | 5 | | housing of the defendant, and any other factor in the | 6 | | defendant's background that makes it probable that the | 7 | | collateral consequence of defendant's conviction would or | 8 | | would not affect the defendant.
| 9 | | (d) If the defendant pleads guilty but mentally ill, the | 10 | | court shall
not accept that such a plea until the defendant has | 11 | | undergone examination by
a clinical psychologist or | 12 | | psychiatrist
and the judge has examined the psychiatric or | 13 | | psychological
report or reports, held a hearing on
the issue of | 14 | | the defendant's mental condition and is satisfied that there
is | 15 | | a factual basis that the defendant was mentally ill at the time | 16 | | of the
offense to which the plea is entered.
| 17 | | (e) If a defendant pleads not guilty, the court shall | 18 | | advise him or her at
that time or at any later court date on | 19 | | which he or she is present that if the defendant he escapes | 20 | | from
custody or is released on bond and fails to appear in | 21 | | court when required
by the court that his or her failure to | 22 | | appear would constitute a waiver of his
or her right to | 23 | | confront the witnesses against him or her and trial could | 24 | | proceed in his or her absence.
| 25 | | (Source: P.A. 82-553.)".
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