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| [ Introduced ] | [ House Amendment 001 ] |
91_HB2333eng HB2333 Engrossed LRB9101234RCpk 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 custodyin this Statefor an alleged 10 offense shall be tried by the court having jurisdiction 11 within 110120days 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. Days that a person was released on bail after 22 being taken into custody shall not be included in computing 23 the 110 day limit. 24 (b) Every person on bail or recognizance shall be tried 25 by the court having jurisdiction within 150160days from the 26 date defendant demands trial unless delay is occasioned by 27 the defendant, by an examination for fitness ordered pursuant 28 to Section 104-13 of this Act, by a fitness hearing, by an 29 adjudication of unfitness to stand trial, by a continuance 30 allowed pursuant to Section 114-4 of this Act after a court's 31 determination of the defendant's physical incapacity for HB2333 Engrossed -2- LRB9101234RCpk 1 trial, or by an interlocutory appeal. 2 For purposes of computing the 150160day period under 3 this subsection, every person who was in custody for an 4 alleged offense and demanded trial and is subsequently 5 released on bail or recognizance and demands trial, shall be 6 given credit for time spent in custody following the making 7 of the demand while in custody. Any demand for trial made 8 under this provision shall be in writing; and in the case of 9 a defendant not in custody, the demand for trial shall 10 include the date of any prior demand made under this 11 provision while the defendant was in custody. Any demand for 12 trial not reduced to writing shall be considered insufficient 13 to invoke the remedies provided by subsection (j) of this 14 Section. 15 (c) If the court determines that the State has exercised 16 without success due diligence to obtain evidence material to 17 the case and that there are reasonable grounds to believe 18 that such evidence may be obtained at a later day the court 19 may continue the cause on application of the State for not 20 more than an additional 60 days. If the court determines that 21 the State has exercised without success due diligence to 22 obtain results of DNA testing that is material to the case 23 and that there are reasonable grounds to believe that such 24 results may be obtained at a later day, the court may 25 continue the cause on application of the State for not more 26 than an additional 120 days. 27 (d) (Blank).Every person not tried in accordance with28subsections (a), (b) and (c) of this Section shall be29discharged from custody or released from the obligations of30his bail or recognizance.31 (e) If a defendantpersonis simultaneously in custody 32 upon more than one charge pending against him or her in the 33 same county, or simultaneously demands trial upon more than 34 one charge pending against him in the same county, he or she HB2333 Engrossed -3- LRB9101234RCpk 1 shall be tried, or adjudged guilty after waiver of trial, 2 upon at least one such charge before expiration relative to 3 any of such pending charges of the period prescribed by 4 subsections (a) and (b) of this Section. The State shall have 5 100 days on each of the charges remaining against the 6 defendant to try such charges. The date for the commencement 7 of each 100 day period shall beSuch person shall be tried8upon all of the remaining charges thus pending within 1609days fromthe date on which judgment relative to the previous 10firstcharge thus prosecuted is rendered pursuant to the 11 Unified Code of Corrections or, if such trial upon such 12 previousfirstcharge is terminated without judgment and 13 there is no subsequent trial of, or adjudication of guilt 14 after waiver of trial of, such previousfirstcharge within a 15 reasonable time, the date for the commencement of the 100 day 16 period shall be the date on which such previous trial is 17 terminated. Delayperson shall be tried upon all of the18remaining charges thus pending within 160 days from the date19on which such trial is terminated; if either such period of20160 days expires without the commencement of trial of, or21adjudication of guilt after waiver of trial of, any of such22remaining charges thus pending, such charge or charges shall23be dismissed and barred for want of prosecution unless delay24isoccasioned by the defendant, by an examination for fitness 25 ordered pursuant to Section 104-13 of this Act, by a fitness 26 hearing, by an adjudication of unfitness for trial, by a 27 continuance allowed pursuant to Section 114-4 of this Act 28 after a court's determination of the defendant's physical 29 incapacity for trial, or by an interlocutory appeal shall be 30 excluded from computation of the 100 day periods.; provided,31however, thatIf, however, the court determines that the 32 State has exercised without success due diligence to obtain 33 evidence material to the case and that there are reasonable 34 grounds to believe that such evidence may be obtained at a HB2333 Engrossed -4- LRB9101234RCpk 1 later day the court may continue the cause on application of 2 the State for not more than an additional 60 days. 3 (e-5) If a defendant is in the physical custody of the 4 federal government, a foreign government or another state or 5 county, the time spent in custody in those jurisdictions or 6 other county shall not count towards the time period in which 7 a person must be tried under the provisions of this Section 8 in a county that does not have the defendant in physical 9 custody but within which charges are pending against the 10 defendant until the charges in the federal or foreign 11 jurisdiction or other state or county have been disposed of 12 and the federal or foreign jurisdiction or other state or 13 county physically holding the defendant in custody notifies 14 the county that does not have physical custody of the 15 defendant that the defendant is available for release. If 2 16 or more counties are awaiting the release of a defendant from 17 the federal government, a foreign government or other state 18 or county, the time period in which the defendant shall be 19 tried under the provisions of this Section shall count only 20 against the charges pending in the county that actually takes 21 the defendant into custody. Days spent awaiting extradition 22 of a defendant shall not count towards the time period a 23 defendant must be tried under the provisions of this Section 24 until the date that law enforcement authorities physically 25 bring the defendant into this State. 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 HB2333 Engrossed -5- LRB9101234RCpk 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 (f-5) When a case is continued or interrupted by an 6 interlocutory appeal, the period of time under which a 7 defendant must be tried under the provisions of this Section 8 shall be tolled until such time as the appellate court order 9 deciding the appeal is issued and the case is again placed on 10 the docket of the trial court. When a case on appeal has 11 been reversed and remanded for a new trial, the time for the 12 commencement of trial under the provisions of this Section 13 shall begin again, commencing with the date on which the case 14 is again placed on the docket of the trial court. 15 (g) Notwithstanding any other provisions of this 16 Section, except as otherwise limited in this subsection (g), 17 if, within 60 days of the end of the period within which a 18 defendant must be tried under the provisions of this Section, 19 the defendant violates any of the conditions of his or her 20 bond, engages in conduct in custody that violates the laws of 21 this State, or while on bond fails to appear in court on the 22 date and time appointed, any period of time within which the 23 defendant must be tried under the provisions of this Section 24 shall be extended 60 days. If, however, a defendant in 25 custody escapes from custody or a defendant admitted to bail 26 fails to appear in court on the date appointed and fails to 27 surrender himself or herself within 30 days following the 28 date of the issuing of a warrant for the defendant's arrest 29 for such failure to appear in court, the time period 30 prescribed for the start of trial under the provisions of 31 this Section shall begin again as if it never commenced. The 32 date on which either the additional 60 day time period or the 33 commencement of the entirely new speedy trial term limit 34 begins shall be either: (i) the date that the defendant is HB2333 Engrossed -6- LRB9101234RCpk 1 taken into custody for violation of the conditions of his or 2 her bond, escape from custody or failure to appear in court 3 on the date and time appointed, or (ii) the date that the 4 defendant, after having provided due notice to the State or 5 after the State has waived the providing of such notice in 6 open court, appears in court on the date provided in the 7 motion accompanying the notice, and demands trial in writing. 8 Any further charges that are tried separately shall be tried 9 within 100 days of the date that the judgment was rendered on 10 the charge. 11 The provisions of this subsection shall not apply if the 12 defendant proves that his or her failure to appear in court, 13 alleged violation of the condition of his or her bond, 14 alleged misconduct while in custody, or failure to appear in 15 court within 30 days after the issuing of a warrant for his 16 or her arrest for failure to appear in court was due to 17 events beyond his or her control. An arrest for another 18 offense, regardless of the eventual outcome of the case, 19 shall not be considered to be an event beyond the defendant's 20 control. 21 (h) Whenever the State reasonably relies on a ruling of 22 the court or the records of the court that a certain period 23 of time is delay occasioned or agreed to by the defendant, or 24 a delay is experienced due to error by the clerk of the court 25 in properly recording a date or transmitting an order of any 26 court to the State, the period of time encompassed by that 27 delay shall not be considered in calculating any period of 28 time within which a person must be tried or retried as 29 required by this Section. 30 (i) Whenever the court or State proposes to set a 31 continuance of the defendant's case to a date beyond, on, or 32 within 10 days of the date on which the defendant must be 33 tried under any of the subsections of this Section, the 34 defendant shall in open court immediately inform the court HB2333 Engrossed -7- LRB9101234RCpk 1 and the State of that fact. If the defendant's assertion is 2 correct, the court shall immediately set the case for trial 3 on a date within the time limit prescribed by the applicable 4 subsection. Failure of the defendant to comply with the 5 provisions of this subsection shall be considered to be delay 6 agreed to by the defendant. 7 (j) Relief. 8 (1) If a defendant in custody is not tried within 9 the applicable time period prescribed by the provisions 10 of this Section, that defendant shall be released from 11 custody and placed on a recognizance bond, unless the 12 defendant is also in custody for the commission of 13 another unrelated offense for which the applicable time 14 period prescribed by the provisions of this Section has 15 not expired. If a defendant on bond is not tried within 16 the applicable time period prescribed by the provisions 17 of this Section, that defendant shall be released from 18 all the conditions of his or her bond relating to the 19 charge for which he or she was not tried in the time 20 prescribed except for the requirement of appearing in 21 court on the date set by the court. 22 (2) In any case in which a defendant has not been 23 tried within the applicable time period prescribed by the 24 provisions of this Section, the judge before whom the 25 case is pending for trial, upon ruling that the defendant 26 has not been tried within the prescribed time period, 27 shall set the cause for trial no more than 10 days from 28 the date of the court's ruling, unless the defendant 29 requests and is granted a continuance past that date of 30 the 10 day time limit. If the 10th day occurs on a court 31 holiday, the 10th day shall be considered to be the first 32 day following the court holiday or holidays that the 33 court is in session. If the defendant is granted a 34 continuance past the 10 day time limit, the court shall, HB2333 Engrossed -8- LRB9101234RCpk 1 on the subsequent court date, set the cause for trial no 2 more than 10 days from the date of that subsequent court 3 date, unless the defendant again requests and is granted 4 a continuance. If, in the absence of a granting of a 5 continuance to a defendant, and except as provided for in 6 subsection (g), the defendant has not been tried within 7 the prescribed 10 day time limit, the charges against the 8 defendant shall be dismissed with prejudice. A 9 continuance past the 10 day limit shall be granted only 10 in extraordinary circumstances. 11 (3) Except for a failure to try a person within the 12 10 day time limit prescribed in subsection (j)(2), the 13 court shall not dismiss a charge against a person for a 14 violation of the provisions of this Section. 15 (Source: P.A. 90-705, eff. 1-1-99.)