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| [ Engrossed ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
91_HB4279
LRB9111909RCdvA
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 100 120 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 The 100-day 120-day term must be one continuous period of
23 incarceration. In computing the 100-day 120-day term,
24 separate periods of incarceration may not be combined. If a
25 defendant is taken into custody a second (or subsequent) time
26 for the same offense, the term will begin again at day zero.
27 (b) Every person on bail or recognizance shall be tried
28 by the court having jurisdiction within 140 160 days from the
29 date defendant demands trial unless delay is occasioned by
30 the defendant, by an examination for fitness ordered pursuant
31 to Section 104-13 of this Act, by a fitness hearing, by an
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1 adjudication of unfitness to stand trial, by a continuance
2 allowed pursuant to Section 114-4 of this Act after a court's
3 determination of the defendant's physical incapacity for
4 trial, or by an interlocutory appeal. The defendant's
5 failure to appear for any court date set by the court
6 operates to waive the defendant's demand for trial made under
7 this subsection.
8 For purposes of computing the 140 160 day period under
9 this subsection (b), every person who was in custody for an
10 alleged offense and demanded trial and is subsequently
11 released on bail or recognizance and demands trial, shall be
12 given credit for time spent in custody following the making
13 of the demand while in custody. Any demand for trial made
14 under this subsection (b) shall be in writing; and in the
15 case of a defendant not in custody, the demand for trial
16 shall include the date of any prior demand made under this
17 provision while the defendant was in custody. Any demand for
18 trial not reduced to writing shall be considered insufficient
19 to invoke the remedies provided by subsection (i) of this
20 Section.
21 (c) If the court determines that the State has exercised
22 without success due diligence to obtain evidence material to
23 the case and that there are reasonable grounds to believe
24 that such evidence may be obtained at a later day the court
25 may continue the cause on application of the State for not
26 more than an additional 60 days. If the court determines that
27 the State has exercised without success due diligence to
28 obtain results of DNA testing that is material to the case
29 and that there are reasonable grounds to believe that such
30 results may be obtained at a later day, the court may
31 continue the cause on application of the State for not more
32 than an additional 120 days.
33 (d) (Blank). Every person not tried in accordance with
34 subsections (a), (b) and (c) of this Section shall be
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1 discharged from custody or released from the obligations of
2 his bail or recognizance.
3 (e) If a defendant person is simultaneously in custody
4 upon more than one charge pending against him or her in the
5 same county, or simultaneously demands trial upon more than
6 one charge pending against him or her in the same county, he
7 or she shall be tried, or adjudged guilty after waiver of
8 trial, upon at least one such charge before expiration
9 relative to any of such pending charges of the period
10 prescribed by subsections (a) and (b) of this Section. The
11 State shall have 100 days on each of the charges remaining
12 against the defendant to try such charges. The date for the
13 commencement of each 100 day period shall be Such person
14 shall be tried upon all of the remaining charges thus pending
15 within 160 days from the date on which judgment relative to
16 the previous first charge thus prosecuted is rendered
17 pursuant to the Unified Code of Corrections or, if such trial
18 upon such previous first charge is terminated without
19 judgment and there is no subsequent trial of, or adjudication
20 of guilt after waiver of trial of, such previous first charge
21 within a reasonable time, the date for the commencement of
22 the 100 day period shall be the date on which the previous
23 trial is terminated. Delay person shall be tried upon all of
24 the remaining charges thus pending within 160 days from the
25 date on which such trial is terminated; if either such period
26 of 160 days expires without the commencement of trial of, or
27 adjudication of guilt after waiver of trial of, any of such
28 remaining charges thus pending, such charge or charges shall
29 be dismissed and barred for want of prosecution unless delay
30 is occasioned by the defendant, by an examination for fitness
31 ordered pursuant to Section 104-13 of this Act, by a fitness
32 hearing, by an adjudication of unfitness for trial, by a
33 continuance allowed pursuant to Section 114-4 of this Act
34 after a court's determination of the defendant's physical
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1 incapacity for trial, or by an interlocutory appeal shall be
2 excluded from computation of the 100 day periods.; provided,
3 however, that If, however, the court determines that the
4 State has exercised without success due diligence to obtain
5 evidence material to the case and that there are reasonable
6 grounds to believe that such evidence may be obtained at a
7 later day the court may continue the cause on application of
8 the State for not more than an additional 60 days.
9 (f) Delay occasioned by the defendant shall temporarily
10 suspend for the time of the delay the period within which a
11 person shall be tried as prescribed by subsections (a), (b),
12 or (e) of this Section and on the day of expiration of the
13 delay the said period shall continue at the point at which it
14 was suspended. Where such delay occurs within 21 days of the
15 end of the period within which a person shall be tried as
16 prescribed by subsections (a), (b), or (e) of this Section,
17 the court may continue the cause on application of the State
18 for not more than an additional 21 days beyond the period
19 prescribed by subsections (a), (b), or (e). This subsection
20 (f) shall become effective on, and apply to persons charged
21 with alleged offenses committed on or after, March 1, 1977.
22 (f-5) When a case is continued or interrupted by an
23 interlocutory appeal, the period of time under which a
24 defendant must be tried under the provisions of this Section
25 shall be tolled until such time as the appellate court order
26 deciding the appeal is issued and the case is again placed on
27 the docket of the trial court. When a case on appeal has
28 been reversed and remanded for a new trial, the time for the
29 commencement of trial under the provisions of this Section
30 shall begin again, commencing with the date on which the case
31 is again placed on the docket of the trial court.
32 (g) Notwithstanding any other provisions of this
33 Section, except as otherwise limited in this subsection (g),
34 if, within 60 days of the end of the period within which a
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1 defendant must be tried under the provisions of this Section,
2 the defendant violates any of the conditions of his or her
3 bond, engages in conduct in custody that violates the laws of
4 this State, or while on bond fails to appear in court on the
5 date and time appointed, any period of time within which the
6 defendant must be tried under the provisions of this Section
7 shall be extended 60 days. If, however, a defendant in
8 custody escapes from custody or a defendant admitted to bail
9 fails to appear in court on the date appointed and fails to
10 surrender himself or herself within 30 days following the
11 date of the issuing of a warrant for the defendant's arrest
12 for such failure to appear in court, the time period
13 prescribed for the start of trial under the provisions of
14 this Section shall begin again at day zero. The date on
15 which either the additional 60 day time period or the
16 entirely new speedy trial term limit begins shall be either:
17 (i) the date that the defendant is taken into custody for
18 violation of the conditions of his or her bond, escape from
19 custody or failure to appear in court on the date and time
20 appointed, or (ii) the date that the defendant, after having
21 provided due notice to the State or after the State has
22 waived the providing of such notice in open court, appears in
23 court on the date provided in the motion accompanying the
24 notice, and demands trial in writing. Any further charges
25 that are tried separately shall be tried within 100 days of
26 the date that the judgment was rendered on the charge.
27 The provisions of this subsection shall not apply if the
28 defendant proves that his or her failure to appear in court,
29 alleged violation of the condition of his or her bond,
30 alleged misconduct while in custody, or failure to appear in
31 court within 30 days after the issuing of a warrant for his
32 or her arrest for failure to appear in court was due to
33 events beyond his or her control. An arrest for another
34 offense, regardless of the eventual outcome of the case,
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1 shall not be considered to be an event beyond the defendant's
2 control.
3 (h) Whenever the State reasonably relies on a ruling of
4 the court or the records of the clerk of the court that a
5 certain period of time is delay occasioned or agreed to by
6 the defendant, or a delay is experienced due to error by the
7 clerk of the court in properly recording a date or
8 transmitting an order of any court to the State, the period
9 of time encompassed by that delay shall not be considered in
10 calculating any period of time within which a person must be
11 tried or retried as required by this Section.
12 (i) Relief.
13 (1) If a defendant in custody is not tried within
14 the applicable time period prescribed by the provisions
15 of this Section, that defendant shall be released from
16 custody and placed on a recognizance bond, unless the
17 defendant is also in custody for the commission of
18 another unrelated offense for which the applicable time
19 period prescribed by the provisions of this Section has
20 not expired. If a defendant on bond is not tried within
21 the applicable time period prescribed by the provisions
22 of this Section, that defendant shall be released from
23 all the conditions of his or her bond relating to the
24 charge for which he or she was not tried in the time
25 prescribed except for the requirement of appearing in
26 court on the date set by the court.
27 (2) In any case in which a defendant has not been
28 tried within the applicable time period prescribed by the
29 provisions of this Section, the judge before whom the
30 case is pending for trial, upon ruling that the defendant
31 has not been tried within the prescribed time period,
32 shall set the cause for trial no more than 20 days from
33 the date of the court's ruling, unless the defendant
34 requests and is granted a continuance past that date of
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1 the 20 day time limit. If the 20th day occurs on a court
2 holiday, the 20th day shall be considered to be the first
3 day following the court holiday or holidays that the
4 court is in session. If the defendant is granted a
5 continuance past the 20 day time limit, the court shall,
6 on the subsequent court date, set the cause for trial no
7 more than 20 days from the date of that subsequent court
8 date, unless the defendant again requests and is granted
9 a continuance. If, in the absence of a granting of a
10 continuance to a defendant, and except as provided for in
11 subsection (g), the defendant has not been tried within
12 the prescribed 20 day time limit, the charges against the
13 defendant shall be dismissed with prejudice. A
14 continuance past the 20 day limit shall be granted only
15 in extraordinary circumstances.
16 (3) Except for a failure to try a person within the
17 20 day time limit prescribed in subsection (i)(2), the
18 court shall not dismiss a charge against a person for a
19 violation of the provisions of this Section.
20 (j) The changes in the time periods in which a person
21 must be tried under this Section are applicable only to
22 persons taken into custody on or after the effective date of
23 this amendatory Act of the 91st General Assembly.
24 (Source: P.A. 90-705, eff. 1-1-99; 91-123, eff. 1-1-00.)