Illinois General Assembly - Full Text of HB2569
Illinois General Assembly

Previous General Assemblies

Full Text of HB2569  99th General Assembly


Sen. Terry Link

Filed: 5/12/2016





09900HB2569sam005LRB099 07774 SLF 48652 a


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



09900HB2569sam005- 2 -LRB099 07774 SLF 48652 a

1    minimum penalty provided by law for the offense which may
2    be imposed by the court;
3        (2) as a consequence of a conviction or a plea of
4    guilty, the sentence for any future conviction may be
5    increased or there may be a higher possibility of the
6    imposition of consecutive sentences;
7        (3) as a consequence of a conviction or a plea of
8    guilty, there may be registration requirements that
9    restrict where the defendant may work, live, or be present;
10    and
11        (4) as a consequence of a conviction or a plea of
12    guilty, there may be an impact upon the defendant's ability
13    to, among others:
14            (A) retain or obtain housing in the public or
15        private market;
16            (B) retain or obtain employment; and
17            (C) retain or obtain a firearm, an occupational
18        license, or a driver's license.
19    After such explanation if the defendant understandingly
20persists in his plea it shall be accepted by the court and
22    (d) If the defendant pleads guilty but mentally ill, the
23court shall not accept such a plea until the defendant has
24undergone examination by a clinical psychologist or
25psychiatrist and the judge has examined the psychiatric or
26psychological report or reports, held a hearing on the issue of



09900HB2569sam005- 3 -LRB099 07774 SLF 48652 a

1the defendant's mental condition and is satisfied that there is
2a factual basis that the defendant was mentally ill at the time
3of the offense to which the plea is entered.
4    (e) If a defendant pleads not guilty, the court shall
5advise him at that time or at any later court date on which he
6is present that if he escapes from custody or is released on
7bond and fails to appear in court when required by the court
8that his failure to appear would constitute a waiver of his
9right to confront the witnesses against him and trial could
10proceed in his absence.
11(Source: P.A. 82-553.)".