State of Illinois
90th General Assembly
Legislation

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90_HB3063enr

      725 ILCS 5/103-5          from Ch. 38, par. 103-5
          Amends the Code of Criminal Procedure of 1963.   Provides
      that  delay  in  trial  of  a  person charged with a criminal
      offense occasioned by the court granting a continuance on its
      own motion shall temporarily suspend for the  time  of  delay
      the  period  within  which  a  person must be tried under the
      speedy trial statute.  The period shall continue at the point
      at which it was suspended.  Requires the defendant to file  a
      written  demand  for  trial  to  end  the  suspension  of the
      statute.
                                                     LRB9008474RCcd
HB3063 Enrolled                                LRB9008474RCcd
 1        AN ACT to amend the Code of Criminal Procedure of 1963 by
 2    changing Section 103-5.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section   5.   The  Code of Criminal Procedure of 1963 is
 6    amended by changing Section 103-5 as follows:
 7        (725 ILCS 5/103-5) (from Ch. 38, par. 103-5)
 8        Sec. 103-5.  Speedy trial.)
 9        (a)  Every person in custody in this State for an alleged
10    offense shall be  tried  by  the  court  having  jurisdiction
11    within  120  days  from  the  date  he was taken into custody
12    unless  delay  is  occasioned  by  the   defendant,   by   an
13    examination for fitness ordered pursuant to Section 104-13 of
14    this  Act,  by  a  fitness  hearing,  by  an  adjudication of
15    unfitness to stand trial, by a continuance  allowed  pursuant
16    to Section 114-4 of this Act after a court's determination of
17    the  defendant's  physical  incapacity  for  trial,  or by an
18    interlocutory appeal.  Delay shall be considered to be agreed
19    to by the defendant unless he or she objects to the delay  by
20    making a written demand for trial or an oral demand for trial
21    on the record.
22        (b)  Every  person on bail or recognizance shall be tried
23    by the court having jurisdiction within  160  days  from  the
24    date  defendant  demands  trial unless delay is occasioned by
25    the defendant, by an examination for fitness ordered pursuant
26    to Section 104-13 of this Act, by a fitness  hearing,  by  an
27    adjudication  of  unfitness  to stand trial, by a continuance
28    allowed pursuant to Section 114-4 of this Act after a court's
29    determination of  the  defendant's  physical  incapacity  for
30    trial, or by an interlocutory appeal.
31        For  purposes  of computing the 160 day period under this
HB3063 Enrolled             -2-                LRB9008474RCcd
 1    subsection, every person who was in custody  for  an  alleged
 2    offense  and  demanded  trial and is subsequently released on
 3    bail or recognizance and demands trial, shall be given credit
 4    for time spent in custody following the making of the  demand
 5    while  in  custody.  Any  demand  for  trial  made under this
 6    provision shall be in writing; and in the case of a defendant
 7    not in custody, the demand for trial shall include  the  date
 8    of  any  prior  demand  made  under  this provision while the
 9    defendant was in custody.
10        (c)  If the court determines that the State has exercised
11    without success due diligence to obtain evidence material  to
12    the  case  and  that  there are reasonable grounds to believe
13    that such evidence may be obtained at a later day  the  court
14    may  continue  the  cause on application of the State for not
15    more than an additional 60 days. If the court determines that
16    the State has exercised  without  success  due  diligence  to
17    obtain  results  of  DNA testing that is material to the case
18    and that there are reasonable grounds to  believe  that  such
19    results  may  be  obtained  at  a  later  day,  the court may
20    continue the cause on application of the State for  not  more
21    than an additional 120 days.
22        (d)  Every   person   not   tried   in   accordance  with
23    subsections (a),  (b)  and  (c)  of  this  Section  shall  be
24    discharged  from  custody or released from the obligations of
25    his bail or recognizance.
26        (e)  If a person is simultaneously in custody  upon  more
27    than  one  charge  pending against him in the same county, or
28    simultaneously  demands  trial  upon  more  than  one  charge
29    pending against him in the same county, he shall be tried, or
30    adjudged guilty after waiver of trial, upon at least one such
31    charge before expiration relative  to  any  of  such  pending
32    charges  of  the period prescribed by subsections (a) and (b)
33    of this Section.  Such person shall be tried upon all of  the
34    remaining  charges thus pending within 160 days from the date
HB3063 Enrolled             -3-                LRB9008474RCcd
 1    on  which  judgment  relative  to  the  first   charge   thus
 2    prosecuted  is  rendered  pursuant  to  the  Unified  Code of
 3    Corrections or, if such  trial  upon  such  first  charge  is
 4    terminated  without judgment and there is no subsequent trial
 5    of, or adjudication of guilt after waiver of trial  of,  such
 6    first  charge  within  a reasonable time, the person shall be
 7    tried upon all of the remaining charges thus  pending  within
 8    160  days from the date on which such trial is terminated; if
 9    either  such  period  of  160  days   expires   without   the
10    commencement  of  trial  of,  or  adjudication of guilt after
11    waiver of trial  of,  any  of  such  remaining  charges  thus
12    pending, such charge or charges shall be dismissed and barred
13    for  want  of  prosecution  unless delay is occasioned by the
14    defendant, by an examination for fitness ordered pursuant  to
15    Section  104-13  of  this  Act,  by  a fitness hearing, by an
16    adjudication of unfitness for trial, by a continuance allowed
17    pursuant to  Section  114-4  of  this  Act  after  a  court's
18    determination  of  the  defendant's  physical  incapacity for
19    trial, or by an interlocutory appeal; provided, however, that
20    if the court determines that the State has exercised  without
21    success due diligence to obtain evidence material to the case
22    and  that  there  are reasonable grounds to believe that such
23    evidence may be  obtained  at  a  later  day  the  court  may
24    continue  the  cause on application of the State for not more
25    than an additional 60 days.
26        (f)  Delay occasioned by the defendant shall  temporarily
27    suspend  for  the time of the delay the period within which a
28    person shall be tried as prescribed by subsections (a),  (b),
29    or  (e)  of  this Section and on the day of expiration of the
30    delay the said period shall continue at the point at which it
31    was suspended.  Where such delay occurs within 21 days of the
32    end of the period within which a person  shall  be  tried  as
33    prescribed  by  subsections (a), (b), or (e) of this Section,
34    the court may continue the cause on application of the  State
HB3063 Enrolled             -4-                LRB9008474RCcd
 1    for  not  more  than  an additional 21 days beyond the period
 2    prescribed by subsections (a), (b), or (e).  This  subsection
 3    (f)  shall  become effective on, and apply to persons charged
 4    with alleged offenses committed on or after, March 1, 1977.
 5    (Source: P.A. 86-1210; 87-281.)
 6        Section 90.  Severability.  The provisions  of  this  Act
 7    are severable under Section 1.31 of the Statute on Statutes.

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