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90_SB0122sam001
LRB9001515RCksam
1 AMENDMENT TO SENATE BILL 122
2 AMENDMENT NO. . Amend Senate Bill 122 by replacing
3 the title with the following:
4 "AN ACT to amend the Code of Criminal Procedure of 1963
5 by changing Section 115-4.1."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Code of Criminal Procedure of 1963 is
9 amended by changing Section 115-4.1 as follows:
10 (725 ILCS 5/115-4.1) (from Ch. 38, par. 115-4.1)
11 Sec. 115-4.1. Absence of defendant. (a) When a defendant
12 after arrest and an initial court appearance for a
13 non-capital felony or a misdemeanor, fails to appear for
14 trial, at the request of the State and after the State has
15 affirmatively proven through substantial evidence that the
16 defendant is willfully avoiding trial, the court may commence
17 trial in the absence of the defendant. Absence of a
18 defendant as specified in this Section shall not be a bar to
19 indictment of a defendant, return of information against a
20 defendant, or arraignment of a defendant for the charge for
21 which bail has been granted. If a defendant fails to appear
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1 at arraignment, the court may enter a plea of "not guilty" on
2 his behalf. If a defendant absents himself before trial on a
3 capital felony, trial may proceed as specified in this
4 Section provided that the State certifies that it will not
5 seek a death sentence following conviction. Trial in the
6 defendant's absence shall be by jury unless the defendant had
7 previously waived trial by jury. The absent defendant must
8 be represented by retained or appointed counsel. The court,
9 at the conclusion of all of the proceedings, may order the
10 clerk of the circuit court to pay counsel such sum as the
11 court deems reasonable, from any bond monies which were
12 posted by the defendant with the clerk, after the clerk has
13 first deducted all court costs. If trial had previously
14 commenced in the presence of the defendant and the defendant
15 willfully absents himself for two successive court days, the
16 court shall proceed to trial. All procedural rights
17 guaranteed by the United States Constitution, Constitution of
18 the State of Illinois, statutes of the State of Illinois, and
19 rules of court shall apply to the proceedings the same as if
20 the defendant were present in court and had not either
21 forfeited his bail bond or escaped from custody. The court
22 may set the case for a trial which may be conducted under
23 this Section despite the failure of the defendant to appear
24 at the hearing at which the trial date is set. When such
25 trial date is set the clerk shall send to the defendant, by
26 certified mail at his last known address indicated on his
27 bond slip, notice of the new date which has been set for
28 trial. Such notification shall be required when the
29 defendant was not personally present in open court at the
30 time when the case was set for trial.
31 (b) The absence of a defendant from a trial conducted
32 pursuant to this Section does not operate as a bar to
33 concluding the trial, to a judgment of conviction resulting
34 therefrom, or to a final disposition of the trial in favor of
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1 the defendant.
2 (c) Upon a verdict of not guilty, the court shall enter
3 judgment for the defendant. Upon a verdict of guilty, the
4 court shall set a date for the hearing of post-trial motions
5 and shall hear such motion in the absence of the defendant.
6 If post-trial motions are denied, the court shall proceed to
7 conduct a sentencing hearing and to impose a sentence upon
8 the defendant.
9 (d) A defendant who is absent for part of the
10 proceedings of trial, post-trial motions, or sentencing, does
11 not thereby forfeit his right to be present at all remaining
12 proceedings.
13 (e) When a defendant who in his absence has been either
14 convicted or sentenced or both convicted and sentenced
15 appears before the court, he must be granted a new trial or
16 new sentencing hearing if the defendant can establish that
17 his failure to appear in court was both without his fault and
18 due to circumstances beyond his control. A hearing with
19 notice to the State's Attorney on the defendant's request for
20 a new trial or a new sentencing hearing must be held before
21 any such request may be granted. At any such hearing both
22 the defendant and the State may present evidence.
23 (f) If the court grants only the defendant's request for
24 a new sentencing hearing, then a new sentencing hearing
25 shall be held in accordance with the provisions of the
26 Unified Code of Corrections. At any such hearing, both the
27 defendant and the State may offer evidence of the defendant's
28 conduct during his period of absence from the court. The
29 court may impose any sentence authorized by the Unified Code
30 of Corrections and is not in any way limited or restricted by
31 any sentence previously imposed.
32 (g) A defendant whose motion under paragraph (e) for a
33 new trial or new sentencing hearing has been denied may file
34 a notice of appeal therefrom. Such notice may also include a
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1 request for review of the judgment and sentence not vacated
2 by the trial court.
3 (Source: P.A. 84-945.)
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.".