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


Sen. Terry Link

Filed: 5/10/2016





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2    AMENDMENT NO. ______. Amend House Bill 2569 by replacing
3everything after the enacting clause with the following:
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



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1    minimum penalty provided by law for the offense which may
2    be imposed by the court;
3        (2) any possible increased sentence by reason of the
4    fact of a prior conviction or future conviction and any
5    possibility of the imposition of consecutive sentences;
6        (3) any registration requirement that accompanies the
7    plea and the restrictions associated with the
8    registration; and
9        (4) the consequences of the plea on the defendant's
10    ability to:
11            (A) retain or obtain housing in the public or
12        private market;
13            (B) retain or obtain employment; and
14            (C) retain or obtain a firearm, an occupational
15        license, or a driver's license.
16    After such explanation if the defendant understandingly
17persists in his plea it shall be accepted by the court and
19    (d) If the defendant pleads guilty but mentally ill, the
20court shall not accept such a plea until the defendant has
21undergone examination by a clinical psychologist or
22psychiatrist and the judge has examined the psychiatric or
23psychological report or reports, held a hearing on the issue of
24the defendant's mental condition and is satisfied that there is
25a factual basis that the defendant was mentally ill at the time
26of the offense to which the plea is entered.



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1    (e) If a defendant pleads not guilty, the court shall
2advise him at that time or at any later court date on which he
3is present that if he escapes from custody or is released on
4bond and fails to appear in court when required by the court
5that his failure to appear would constitute a waiver of his
6right to confront the witnesses against him and trial could
7proceed in his absence.
8(Source: P.A. 82-553.)".