(725 ILCS 5/113-4)
(from Ch. 38, par. 113-4)
(a) When called upon to plead at arraignment the defendant
shall be furnished with a copy of the charge and shall plead guilty, guilty
but mentally ill, or not guilty.
(b) If the defendant stands mute a plea of not guilty shall be entered
for him and the trial shall proceed on such plea.
(c) If the defendant pleads guilty such plea shall not be accepted until
the court shall have fully explained to the defendant the following:
(1) the maximum and minimum penalty provided by law
for the offense which may be imposed by the court;
(2) as a consequence of a conviction or a plea of
guilty, the sentence for any future conviction may be increased or there may be a higher possibility of the imposition of consecutive sentences;
(3) as a consequence of a conviction or a plea of
guilty, there may be registration requirements that restrict where the defendant may work, live, or be present; and
(4) as a consequence of a conviction or a plea of
guilty, there may be an impact upon the defendant's ability to, among others:
(A) retain or obtain housing in the public or
(B) retain or obtain employment; and
(C) retain or obtain a firearm, an occupational
license, or a driver's license.
After such explanation if the defendant understandingly
persists in his plea it shall be accepted by the court and recorded.
(d) If the defendant pleads guilty but mentally ill, the court shall
not accept such a plea until the defendant has undergone examination by
a clinical psychologist or psychiatrist
and the judge has examined the psychiatric or psychological
report or reports, held a hearing on
the issue of the defendant's mental condition and is satisfied that there
is a factual basis that the defendant was mentally ill at the time of the
offense to which the plea is entered.
(e) If a defendant pleads not guilty, the court shall advise him at
that time or at any later court date on which he is present that if he escapes from
custody or is released on bond and fails to appear in court when required
by the court that his failure to appear would constitute a waiver of his
right to confront the witnesses against him and trial could proceed in his absence.
(Source: P.A. 99-871, eff. 1-1-17